Dana B. Klinges has a broad commercial litigation practice with an emphasis on class actions and on litigation in the securities and financial services areas.
Ms. Klinges has represented defendants in at least 50 class actions alleging consumer fraud and/or violations of state or federal consumer protection statutes. The underlying businesses have included mortgage lending, equipment leasing, credit cards, retail department store sales, retail energy, copying services and health care, and the venues have included state and federal courts throughout the United States.
In the securities area, Ms. Klinges defends corporate clients against claims under federal and state securities laws, including claims brought as shareholder class actions and derivative suits. She has represented clients on both sides of contract disputes involving securities and corporate transactions. She advises clients on internal fraud investigations as well as investigations brought by regulators, and she represents corporations and individuals in connection with FNRA arbitrations and investigations.
Ms. Klinges has represented corporations as plaintiffs or defendants in numerous breach of contract claims, involving businesses as diverse as political telemarketing, beverage distribution, and communications satellites. In the business tort and employment fields, Ms. Klinges has represented both plaintiff and defendant corporations in suits alleging misappropriation of trade secrets and breaches of restrictive covenants; has defended a senior executive in a claim for breach of multimillion-dollar employment contract; and has defended corporations against claims of defamation and discrimination.
Ms. Klinges has been involved in several complex procurement matters, representing private entities in bid protests and government entities in taxpayer suits and bid protests.
In the recent past, as alternative dispute resolution has become more prevalent, Ms. Klinges has been involved in a number of complex arbitration matters, including several protracted hearings before the American Arbitration Association. She handled arbitrations on topics as diverse as beverage distribution, securitization of subprime mortgages, communications satellites, and executive compensation.
Although her office is located in Philadelphia, Ms. Klinges is admitted in New Jersey and New York and often handles matters in those jurisdictions. She graduated from Dartmouth College in 1982 and received her J.D. in 1986 from the Fordham University School of Law, where she was a member of the Law Review.
Ms. Klinges is listed in The Best Lawyers in America (Commercial Litigation) and in Chambers USA: America's Leading Lawyers for Business (General Commercial Litigation).
· Represented a broker-dealer in defense of claims under securities laws and common law in connection with the sale of collateralized debt obligations (CDOs).
· Represents corporations in defense of securities class actions relating to tender offers and mergers.
· Represented a corporation in defense of breach of contract and fraud claims relating to a tender option bond program.
· Represents corporations and individuals in connection with FINRA (formerly NASD) arbitrations and investigations.
· Represented a financial services company in defense of claims by pension funds relating to the collapse of Enron Corporation.
· Represented a retail energy company in defense of six federal and state class actions alleging deceptive marketing practices.
· Represented several retailers in suits alleging violation of the Fair and Accurate Credit Transactions Act (FACTA).
· Represented an equipment leasing company in a class action alleging excessive fees.
· Represented the State of New Jersey and the Commonwealth of Pennsylvania in defense of constitutional claims brought by classes of children in foster care in each of those states.
· Represented a credit card company in defense of fourteen federal and state cases alleging consumer fraud in connection with a credit card promotion.
· Represented a subprime mortgage servicer in defense of claims for approximately $30 million. After a three-week arbitration hearing in San Francisco, no liability was found and her client was awarded all of its fees and costs. The award was confirmed by a California trial court and affirmed on appeal to a higher court.
· Represented a manufacturer of cheese products in breach of contract and fraud claims against the supplier of a defective ingredient.
· Represented a beverage distributor in claims against a beverage manufacturer for violation of an exclusive distribution agreement.
· Represented multiple companies (especially in the healthcare and hospitality industries) seeking to enforce restrictive covenants and protect trade secrets by obtaining temporary restraining orders and preliminary injunctions.
· Represented agencies and officials of the Commonwealth of Pennsylvania in connection with taxpayer suits, bid protests and administrative claims relating to the construction of almost $1 billion in new prison facilities.
· Represented the claimant in a challenge to the award of the New Jersey on-line lottery contract. After six days of hearings, the state terminated the procurement, having accepted claimant's argument that an appearance of impropriety had tainted the award.
· Duane Morris LLP
- Partner, 2009-present
- Member, Partners' Board, 2013-present
· WolfBlock LLP
- Partner, 1995-2009
- Chair, Litigation Department, 2007-2009
- Vice-Chair, Litigation Department, 2001-2007
- Associate, 1989-1995
· Paul, Weiss, Rifkind, Wharton & Garrison
- Associate, 1986-1989
· University of Pennsylvania American Inn of Court
- Master, 2009-present
- Barrister, 1996-1997
· National Association of Women Lawyers
- Annual Awards Luncheon Committee 2008-2012
- Program Book Chair, 2008-2010
Honors and Awards
· Listed in Chambers USA: America's Leading Lawyers for Business (General Commercial Litigation), 2008-present
· Listed in The Best Lawyers in America for Commercial Litigation, 2008-present
· Selected as a Philadelphia Business Journal Woman of Distinction, 2007
· AV® Preeminent™ Peer Review Rated by Martindale-Hubbell
Civic and Charitable Activities
· Board Member, Trenton After School Program, 2005-2011
· Board Member, Dartmouth Club of Princeton, 2007-present
· Swarthmore Democratic Committee, 1994-1999
· Volunteer, New Image/Gaudenzia, 1992-present
· Leadership, Inc., 1997-1998 Core Leadership Program
· Speaking Engagements
Selected Speaking Engagements
· Panelist, "What Do You Tell Your Clients When They Ask About ADR?," Pennsylvania Bar Institute, 2013 Business Lawyers' Institute, November 13, 2013
· Speaker, "Attorney/Client Privilege for In-House Counsel," Webinar, Duane Morris Institute Webinar, May 2, 2013
· Speaker, "Ethical Issues & Attorney-Client Privilege," Continuing Legal Education program, King of Prussia, PA, April 22, 2013
· Panelist, "ADR Provisions in Agreements," Pennsylvania Bar Institute, Business Lawyers' Institute, November 9, 2011
· Speaker, "How Do Recent Changes to the Federal Rules of Civil Procedure Impact Experts Testifying in Federal Court?" SEAK, Inc. 20th Anniversary National Expert Witness Conference, Naples, FL, April 15, 2011
· Moderator and Panelist, "What In-House Counsel Need to Know About the Changing Landscape in Litigation: Experienced Lawyers Report from the Front Lines on Attorney-Client Privilege, E-Discovery, and Long-Arm Jurisdiction," Association of Corporate Counsel (DELVACCA Chapter), 3rd Annual In-House Counsel Conference, Philadelphia, PA, April 7, 2011
· Speaker, "Attorney-Client Privilege, Work Product Doctrine, and Confidentiality as Applied to In-House Counsel," Continuing legal education program, Plymouth Meeting, PA, July 27, 2010
· Speaker, "Recent Supreme Court Decisions Impacting Corporate Liability," National Association of Women Lawyers, General Counsel Institute, New York City, November 5, 2009
· Speaker, "Ethics in the Electronic Era," Continuing legal education program, King of Prussia, PA, May 12, 2009