David A. Kluft

  • Partner
  • Boston
  • 617.832.3092 direct
  • 617 832 7000 fax

Dave Kluft has a wide-ranging litigation practice with strong emphases on commercial litigation and trademark and copyright matters.  Dave has significant experience representing and advising companies in matters involving intellectual property, contract disputes, business torts and securities in a variety of industries, including entertainment, finance and investing, automotive, hi-tech, health care, real estate and education. Dave has also conducted internal investigations for large corporations and governmental entities, and has represented clients in investigations conducted by the Massachusetts Attorney General and the Securities and Exchange Commission.

In his intellectual property practice, Dave has successfully represented clients in federal and state court matters concerning copyright and trademark infringement, unfair competition, right of publicity and misappropriation of trade secrets, and he is a contributor to the firm’s Trademark and Copyright Law Blog.  He has extensive experience in the field of defamation, and has advised foreign government clients on First Amendment issues. 

Dave’s practice also includes substantial appellate work.  He has successfully argued before the U.S. Court of Appeals for the First Circuit and the Massachusetts Supreme Judicial Court.  He has also represented clients in a variety of procedural postures before the Massachusetts Appeals Court and in the Single Justice sessions of the Appeals Court and the Supreme Judicial Court.  Dave is a contributing author to the Massachusetts Continuing Legal Education Appellate Practice series, for which he writes chapters on Further Appellate Review to the Supreme Judicial Court and Petitions for Rehearing before the Appeals Court.

Dave has also served as a Law Clerk to Justice Judith Cowin of the Supreme Judicial Court of Massachusetts (2003-2004) and has prosecuted a variety of criminal trials as a Special Assistant District Attorney in Norfolk County (2009-2010). In addition, Dave is active in the firm’s pro bono practice, and has represented victims of domestic violence before both trial and appellate courts.

Before joining Foley Hoag, Dave had more than ten years of experience in media, working as a film and television producer, film festival director and educator. In this capacity he held such positions as: Festival Director and Founder, NextFrame Film and Video Festival (1992-1996); Associate Producer, WHYY Philadelphia (1996-1997); Program Coordinator, Philadelphia Festival of World Cinema (1997-2000); Publicist, Philadelphia International Gay and Lesbian Film Festival (1999-2000).  Dave has also taught film and video production at Temple University, Brown University and in community media programs.  Screening venues of his work included the MOMA and the Mill Valley Film and Video Festival, and he has curated media programs domestically and internationally, including for the Neighborhood Film & Video Project and the Tribeca Film Center as well as venues in Australia, Canada, Mexico, New Zealand, the Philippines and Uruguay.

Bars and Court Admissions

  • Massachusetts
  • U.S. District Court for the District of Massachusetts
  • U.S. Court of Appeals, First Circuit

Representative Experience

The following is a brief summary of David's experience and accomplishments:

  • Successfully represented a major automobile company in the U.S. Court of Appeals for the First Circuit and the District of Rhode Island in a contract dispute with a dealer.

  • Successfully defended a film maker in the District of Massachusetts against claims sounding in infringement of copyright, trademark and right of publicity.

  • Secured injunctive relief for software developer protecting its trademark.

  • Successfully represented an industrial manufacturer in a trade secret misappropriation litigation against a former employee in the Business Litigation Session of the Massachusetts Superior Court.

  • Successfully represented the former CEO of a Fortune 100 company in an employment arbitration dispute and subsequent Superior Court appeal.

  • Represented Massachusetts non-profits and charitable organizations in business litigation by conducting fraud investigations and settling disputes with vendors and former employees.

  • Represented clients in petitions for Further Appellate Review and Direct Appellate Review before the Supreme Judicial Court.

  • Represented a defense contractor in an internal investigation and inquiries by the SEC and NASDAQ.

  • Conducted an internal investigation of the bond-related finances of government entity.

  • Advised corporations and foreign governments with regard to the United States laws on defamation.

  • Advised clients on strategies for protecting, enforcing and defending copyrights, including the development of comprehensive copyright policies.

professional / civic involvement

  • Board of Editors, Boston Bar Journal, 2009 - present
  • Corporation Member, Greater Boston Legal Services, 2009 - present
  • Board Member, Supreme Judicial Court Law Clerks Society, 2011 - present
  • Board Member, Astrea Media, 2003 - present
  • The Copyright Society of the USA, Member
  • Boston Bar Association, Member
  • Massachusetts Bar Association, Member
  • Greater Boston Legal Services, Associates Fund Drive Co-Chair, 2008 - 2011

publications