Biography

Hired by former adversaries, Neil Goteiner develops novel successful theories in financial fraud, international arbitration, antitrust, IP, contract disputes, and consumer claims, often in class actions or agency litigation. For example, in 2019 his antitrust class complaint persuaded FINA, the world governing swimming body, to drop an international boycott of Neil's clients, Olympic swimmers, for their participation in events sponsored by FINA’s competitor; the court then denied FINA’s motion to dismiss the complaint for damages and permanent injunction. Shields v. FINA, 2019 WL 6841159, __ F.Supp.3d__ (N.D. Cal. 2019). In addition to developing new law, opposing counsel learn quickly that Neil is happy to try cases and why clients, “hire him for his unique hands-on approach and extensive experience as a trial lawyer and strategist,” as one arbitrator explained in a 2017 $6 million fee award after Farella’s complete defense of a billion dollar financial fraud claim. One client’s GC said after 60+ successful cases and one loss, “hiring him was the best decision I ever made for the company.”

Over the past five years, he has also: (1) obtained summary judgment in New York federal court, dismissing an NDA/trade secret claim seeking $240 million, and recovered legal fees; (2) won complete dismissal of a $750+ million international arbitration and legal fees, after evidentiary hearing and without his clients testifying; (3) resolved a complicated $400+ million IRS whistleblower claim for less than two percent of the claim and obtained first impression rulings; (4) settled for only $150,000 a $30 million commodities class action brought by a national firm; (5) won a two-and–a-half-year licensing agreement arbitration by limiting to $25,000 a $25 million claim brought by a national firm and by obtaining sanctions of $190,000 for discovery misconduct; (6) settled for $28,000 a $22 million overtime class action; (7) won complete dismissal of a class action against a major medical implant manufacturer; (8) settled a class action consumer fraud claim less than one month after filing, with no relief for plaintiff; (9) won both a dismissal of a commodities fraud case after deposing just plaintiffs’ expert, whom Neil designated as his adverse expert, and a post dismissal malicious prosecution settlement; (10) won complete dismissal of a defamation and unfair competition complaint, and follow-up malicious prosecution claim, based on deposing only plaintiff; (11) defensed a fraud arbitration claim while recovering as sanctions $650,000; (12) successfully settled a federal securities fraud for a NYSE health care company case after substituting in four months before trial and developing a winning theory missed by the prior two national firms; (13) co-defended Hewlett-Packard in consolidated federal and state securities class and derivative actions arising out of the Autonomy acquisition; and (14) prosecuted international antitrust claims.

While Neil usually is on the defense side in national class actions, he was also lead plaintiffs' counsel representing 20,000 customers of a South Florida telemarketing boiler room closed by the CFTC. The CFTC was unable to obtain any damages from the upstream owners. Neil and his team of three attorneys waged an eight-year battle and a six-month trial in Miami federal district court against seven national law firms. On the eve of jury arguments, defendants paid some $40 million. Defendants unsuccessfully appealed their own settlement. They claimed that Farella had "coerced" defendants to pay too much because Farella’s liability theories were too innovative and its trial strategy was too relentless.  

Distinctions

  • The Best Lawyers in America, Commercial Litigation (2013-2020)

Firm Highlights

Publication

Wine Businesses, Lenders, and Difficult Conversations

The COVID-19 pandemic and public health efforts to combat it will impact different wine businesses in different ways. Those that depend on on-premise and direct-to-consumer (DTC) sales, such as restaurant, hospitality, and tasting room...

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News

Daily Journal Names Farella Lawyers Among Top IP Lawyers in California

Farella Braun + Martel is proud to announce that partners Jeffrey M. Fisher and James L. Day were named to the 2020 list of “Top Intellectual Property Lawyers” in California by the Daily Journal...

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Publication

Coronavirus (COVID-19) Insights and Resources

The spread of the coronavirus (COVID-19) is causing disruption throughout the US that we have not seen in generations. Governmental entities, academia, and the private sector are working diligently to contain COVID-19 while it...

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Publication

CARES Act Paycheck Protection Program Summary (Updated)

On March 27, 2020, the Coronavirus Aid, Relief, and Economic Security Act (“CARES Act”) was signed into law (the full 880-page text of the CARES Act is available here ). One feature of the CARES...

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Event

7th Annual Partner Compensation One-Day Workshop

Brian Donnelly is presenting the case study session, "Managing Partner Performance" at Fairfax Associates' 7th Annual Partner Compensation One-Day Workshop. Click here for more information.

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Event

Coronavirus Was Unexpected, but Is It Force Majeure? (Webinar)

Join speakers, Matt Lewis and Janice Reicher, on the webinar discussing "Coronavirus Was Unexpected, but Is It Force Majeure?"

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Publication

CARES Act Money for Wineries?

Beginning tomorrow morning, April 3 rd , the Small Business Administration will begin accepting applications for Paycheck Protection Program (PPP) loans under the new CARES Act. Amid the flurry of news, small winery owners may...

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News

Farella COVID-19 Update: A Message From the Managing Partner

To our clients, alumni and friends, During these unsettling times, Farella Braun + Martel is focused on protecting the health and safety of our firm members, clients, and communities and doing our part to...

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News

Insurers Brace for Coronavirus Hit to ‘Event Driven’ D&O Line

Mary McCutcheon was quote in the Claims Journal article,"Insurers Brace for Coronavirus Hit to ‘Event Driven’ D&O Line." Link to read the full article .

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News

Farella Advises on Sale of Diamond Creek Winery to Maison Louis Roederer

SAN FRANCISCO/ST. HELENA, March 16, 2020: Farella Braun + Martel represented the family of the late Boots Brounstein on the sale of their Diamond Creek Winery in Calistoga, Calf. to French Champagne producer Maison...

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