David A. Kluft

Partner - Boston

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Contact Information

617.832.3092

617.832.7000

dkluft@foleyhoag.com Download vCard

Dave Kluft is a partner in the litigation department. He is a member of the Business and Commercial Disputes group, and the Trademark, Copyright and Unfair Competition group. Dave has significant experience representing and advising companies in a variety of matters, including:

  • Copyright, trademark and unfair competition
  • Contract and commercial disputes
  • Commercial speech, defamation and other business torts
  • Right of publicity and privacy claims
  • Professional liability disputes
  • Investigations by the Federal Trade Commission, Securities and Exchange Commission, Massachusetts Attorney General, New York Attorney General and the Massachusetts Commission on Judicial Conduct
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Education:

  • Boston University School of Law, J.D., magna cum laude, 2003
  • Temple University, M.F.A. (Film and Media Arts), 1997
  • Brown University, B.A., 1990

Languages:

Spanish

Representative Experience

  • Represented a major Hollywood film studio in defeating copyright infringement claims in the District of Massachusetts.
  • Represented a trust created by a deceased television personality in successfully asserting right of publicity claims against a home appliance manufacturer.
  • Represented a judge of the Boston Municipal Court in a matter before the Commission on Judicial Conduct, resulting in dismissal of all allegations and the landmark Supreme Judicial Court decision, In the Matter of Enforcement of a Subpoena, 463 Mass. 162 (2012).
  • Represented a non-profit organization in its successful defense against allegations of defamation in the Superior Court and assertion of Anti-SLAPP claims.
  • Secured injunctive relief for software developer protecting its trademark.
  • Drafted the copyright policy of a post-secondary educational institution.
  • 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.
  • Achieved dismissal of copyright, trademark and right of publicity claims on behalf of an independent film maker in the District of Massachusetts.
  • 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.
  • Represents companies in inquiries by the Federal Trade Commission, Securities and Exchange Commission and the Massachusetts and New York Attorney Generals.
  • Advises and represents companies, individuals and foreign governments on a variety of speech and first amendment issues, including prior restraint under the First Amendment, Anti-SLAPP suits, defamation and product disparagement.
  • Advises and represents clients with respect to copyright and trademark protection of creative and technological works and products, including literature, film & television, music, computer software, new technology, retail products and academic works.
  • Regularly advises clients on procedural matters before Massachusetts appellate courts, including Further Appellate Review, Direct Appellate Review and Single Justice practice.

Honors

  • 2013 President’s Award, Massachusetts Association of Criminal Defense Lawyers
  • 2012 “Social Justice Champion” Award from the Chelsea Collaborative
  • Named by Boston Magazine as a “Rising Star” in the fields of litigation and intellectual property, 2009, 2010, 2011, 2012 & 2013
  • Recognition for Outstanding Contribution to Legal Services for the Poor, Greater Boston Legal Services, 2009, 2010 & 2011
  • Public Interest Leadership Fellow, Boston Bar Association, 2008-2009
  • Boston University Law Review, 2001-2003
  • University Fellowship, Temple University, 1991-1992

Involvement

  • Member, Massachusetts Supreme Judicial Court Committee on Professional Responsibility for Clerks of the Court, 2013 - present
  • 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
  • American Bar Association, Member
  • Greater Boston Legal Services, Associates Fund Drive Co-Chair, 2008 - 2011


  • "Logorama: A Case Study in Trademark and Copyright Fair Use," Boston Bar Association (2012)
  • "Issues in Academic Copyright," Boston Bar Association (2012)
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Bar Admissions

  • Massachusetts

Court Admissions

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