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Dana B. Klinges
Partner
Duane Morris LLP
30 South 17th Street
Philadelphia, PA 19103-4196
USA

Phone: +1 215 979 1143
Fax: +1 215 405 2632
Email: dklinges@duanemorris.com

Dana B. Klinges has a broad commercial litigation practice with an emphasis on class actions and on litigation in the financial services area.

Ms. Klinges has represented defendants in at least 40 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, 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 clients against claims under federal and state securities laws, and she has represented clients on both sides of contract disputes involving securities and corporate transactions. She also has advised clients on internal fraud investigations as well as investigations brought by regulators.

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.

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.

Although her office is located in Philadelphia, Ms. Klinges often handles matters in New Jersey and New York. 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).

Areas of Practice

• Commercial Litigation
• Class Action Litigation
• Consumer Fraud and Protection
• Securities Litigation
• Alternative Dispute Resolution

Representative Matters

Class Actions

• Representing retailers in multiple 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.

Securities Litigation

• Representing a broker-dealer in defense of claims under securities laws and common law in connection with the sale of collateralized debt obligations (CDOs).
• Represented a corporation in defense of breach of contract and fraud claims relating to a tender option bond program.
• Represented various companies 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.

Commercial Litigation

• 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 beverage distributor in claims against a beverage manufacturer for violation of an exclusive distribution agreement.
• Represented the claimant in a challenge to the award of the New Jersey on-line lottery contract. After six days of trial, the state terminated the procurement, having accepted claimant's argument that an appearance of impropriety existed.
• Has 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.

Professional Activities

• American Bar Association
• Pennsylvania Bar Association
• Philadelphia Bar Association
• National Association of Women Lawyers
  - Annual Awards Luncheon Committee (Program Book Chair) 2008, 2009

Admissions

• Pennsylvania
• New York
• New Jersey
• U.S. Supreme Court
• U.S. Courts of Appeals for the First, Second and Third Circuits
• U.S. District Court for the Eastern District of Pennsylvania
• U.S. District Court for the District of New Jersey
• U.S. District Courts for the Southern and Eastern Districts of New York

Education

• Fordham University School of Law, J.D., 1986
  - Member, Fordham Law Review
• Dartmouth College, B.A., History, with distinction, 1982

Experience

• Duane Morris LLP
  - Partner, 2009-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

Civic and Charitable Activities

• Board Member, Trenton After School Program, 2005-present
• Board Member, Dartmouth Club of Princeton, 2007-present
• Swarthmore Democratic Committee, 1994-1999
• Volunteer, New Image/Gaudenzia, 1992-present
• Leadership, Inc., 1997-1998 Program

Honors and Awards

• Listed in Chambers USA: America's Leading Lawyers for Business (General Commercial Litigation)
• Listed in The Best Lawyers in America for Commercial Litigation
• Selected as a Philadelphia Business Journal Woman of Distinction, 2007