Dana B. Klinges has a broad commercial litigation practice with an emphasis on class actions and on litigation in the securities, financial services and real estate 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 and products have included mortgage lending, equipment leasing, electronic devices, beverages, credit cards, retail department stores, grocery stores, pharmacies, retail energy, copying services and health care, and the venues have included state and federal courts throughout the United States. Relatedly, she often advises clients on avoidance of liability under consumer statutes.
In the securities and corporate governance area, Ms. Klinges defends clients against claims under federal and state securities statutes and common law fraud and breach of fiduciary duty theories, including claims brought as shareholder class actions and derivative suits. She represents corporations, limited liability companies, special committees, and individual directors and officers. She advises clients on internal investigations as well as investigations initiated by regulators. Her cases often involve complex financial products, such as collateralized debt obligations (CDOs), collateralized loan obligations (CLOs), trust preferred securities (TruPS), residential mortgage backed securities (RMBS), auction rate securities, and tender option bonds. She also advises corporations and limited liability companies on corporate governance issues.
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 has been lead counsel at arbitration hearings ranging from a single day to many weeks.
Although her office is located in Philadelphia, Ms. Klinges is admitted to practice 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 or has been listed in The Best Lawyers in America (Commercial Litigation), Chambers USA: America's Leading Lawyers for Business (General Commercial Litigation), Pennsylvania Super Lawyers (Business Litigation), and Best Lawyers Greater Philadelphia.
- Represented a broker-dealer in defense of claims for $100 million-plus under securities laws and common law in connection with the sale of collateralized debt obligations (CDOs).
- Represents corporations in defense of securities class actions and shareholder derivative suits 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; two recent examples include defense of a claim by a high-net worth individual against a broker-dealer and defense of a claim against an investment management company by its former CFO.
- Represents corporations and individuals in SEC and FINRA investigations involving insider trading and other alleged wrongdoing.
- Represented multiple corporations in class actions alleging violations of the Fair Credit Reporting Act (FCRA).
- Represented multiple corporations in defense of class actions alleging violations of the Telephone Consumer Protection Act (TCPA).
- Represented a juice manufacturer in multiple class actions alleging deceptive marketing.
- 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 investment management company in breach of contract claim involving revenue-sharing agreement.
- 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 residential real estate developer in various matters including zoning appeals, contract claims and consumer claims under the Real Estate Settlement Procedures Act (RESPA).
- Represented a real estate investment trust in breach of contract claims involving sale of interest in commercial property.
- 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.
Commercial and Real Estate Litigation
Areas of Practice
- Commercial Litigation
- Securities Litigation
- Class Action Litigation
- Consumer Fraud and Protection
- Alternative Dispute Resolution
- New York
- New Jersey
- Supreme Court of the United States
- U.S. Court of Appeals for the First Circuit
- U.S. Court of Appeals for the Second Circuit
- U.S. Court of Appeals for the Third Circuit
- U.S. Court of Appeals for the Fourth Circuit
- U.S. District Court for the Eastern District of Pennsylvania
- U.S. District Court for the Middle District of Pennsylvania
- U.S. District Court for the District of New Jersey
- U.S. District Court for the Southern District of New York
- U.S. District Court for the Eastern District of New York
- Fordham University School of Law, J.D., 1986
- Member, Fordham Law Review
- Dartmouth College, B.A., History, with distinction, 1982
- 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 Best Lawyers Greater Philadelphia, 2016
Listed in The Best Lawyers in America for Commercial Litigation, 2008-present
- Listed in Pennsylvania Super Lawyers (Business Litigation), 2014-present
- Listed in Chambers USA: America's Leading Lawyers for Business (General Commercial Litigation), 2008-2014
- 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
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," 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, 2011 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
Quoted, "Report: Securities Class Actions Involving Non-US Issuers Hold Steady for Second Year," Corporate Counsel, April 25, 2019