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Daniel C. Gibbons



Dan Gibbons is a trial attorney and appellate lawyer who represents both corporate clients and health care providers in litigation, arbitration and dispute resolution in New York, New Jersey and in the United States district courts.

What do you focus on?

Restrictive Covenants (Non-Compete Clauses) and Trade Secrets

An increasingly vital and important aspect of my work is assisting clients with protecting their valuable and highly sensitive business information through the use of restrictive covenants.  An equally important part of my practice involves helping my clients remain competitive by hiring skilled and knowledgeable employees who may be subject to restrictive covenants.  I regularly advise clients on the enforceability of restrictive covenants, in relation to hiring new restricted employees, and I assist clients with crafting effective policies, procedures, and agreements to ensure that their trade secrets are adequately protected.

Commercial Litigation

I represent corporate clients in disputes and litigation involving all manner of commercial claims, such as breach of contract, breach of restrictive covenants, theft of company trade secrets, tortious interference with contracts, fraud, unfair competition and deceptive trade practices. I have worked in many different sectors, such as banking and finance, health care, communications, technology, construction, insurance, travel, retail clothing and apparel, trucking and transportation, alcohol and beverage and food service, manufacturing and film and media production and distribution.

Health Care Litigation

I routinely represent health care providers in commercial disputes and in health care-specific matters related to the regulated health care industry, involving issues like physician privileges/medical staff challenges, physician contract disputes, including breach of restrictive covenants, vendor contract disputes, mental hygiene proceedings and guardianship proceedings related to the facilitation of patient decision-making processes and/or medically necessary procedures.

Representative Experience

  • Long Island Minimally Invasive Surgery, P.C. v. St. John’s Episcopal Hospital, et al., 64 A.D.3d 575, 83 N.Y.S.3d 514 (2d Dep’t Aug. 8, 2018), leave to appeal denied, No. 2018-950, 2019 WL 191974 (Jan. 15, 2019). Successfully defended New York City hospital and physician in action commenced by former employer to attempt to enforce restrictive covenant and involving claims for breach of contract, unjust enrichment, and tortious interference with contractual relations.
  • Represented large financial trading client in New York action commenced against former employee who breached a restrictive covenant by accepting employment with a competitor. Successfully negotiated favorable settlement for client.
  • Successfully defeated an application to enjoin and restrain a physician from working at a New York hospital pursuant to a restrictive covenant that he had with his former employer.
  • Oppedisano v. Arnold, 143 A.D.3d 873, 875, 39 N.Y.S.3d 499, 502 (2d Dep’t 2016). Successfully defended commercial property owner in adverse possession action commenced by adjoining land owner. We successfully dismissed plaintiff’s claims on summary judgment and conducted a trial on the client’s counterclaims and damages. 
  • Successfully defended large New York City hospital in an action commenced by a physician whose medical privileges were terminated by the hospital.  We successfully dismissed the action on summary judgment.
  • Successfully defended media production and distribution companies in matter concerning the acquisition of competitor companies.  Dual actions commenced involving former employees and concerning claims of breach of contract, defamation, fraud, unjust enrichment, quantum meruit, and conversion. Successfully moved to dismiss the action.
  • Successfully prosecuted action on behalf of national anesthesia provider in New Jersey action against former employee in connection with the acquisition of an anesthesia practice, involving claims sounding breach of contract, fraud and breach of duty of good faith and fair dealing.
  • Successfully represented New York hospital in action commenced by a physician-neonatologist whose medical privileges were terminated by the hospital. The matter involved claims for breach of contract, intentional interference with prospective business advantage, violations of the New York State Human Rights Law, civil conspiracy and defamation as well as prayer for temporary and permanent injunction. Defeated application for injunctive relief and negotiated no pay discontinuance for client.
  • Represented large New Jersey construction company in action commenced by former employee alleging wrongful discharge, discrimination and tortious interference with prospective business advantage. Moved for summary judgment dismissal on all claims. Successfully argued the appeal before the New Jersey Appellate Division, which affirmed the lower court’s dismissal of the action.
  • Represented Florida-based food service consultants in dispute commenced by former partner concerning shareholder rights and profit sharing. The action involved claims sounding in breach of contract, fraud, unfair competition and breach of fiduciary duty. Successfully negotiated favorable no pay settlement for clients.
  • Represented New York hospital and health system in an action commenced by an emergency room physician and his professional corporation in connection with the termination of an exclusive services agreement the physician practice had with the hospital. The matter involved allegations of breach of contract, tortious interference with contractual relations, tortious interference with prospective business relations, aiding and abetting unfair competition and fraud. Negotiated favorable no pay settlement for clients.
  • Represented various hospitals in numerous guardianship proceedings involving patients with cognitive impairments who lacked the ability to provide informed consent and to participate in health care decision making and discharge planning. Successfully installed court-appointed guardians to facilitate with patient discharge planning.

What do you see on the horizon?

As the current administration eases current regulations in various business sectors and modifies the health care laws, I believe that transactions and activities will increase, which can result in additional exposure to litigation. Clients in this new market need attorneys who are able to understand their business needs and goals and who can integrate them within dispute resolution strategies and complex litigation tactics, when necessary.

Ex-Tenant can't revive NJ suit over utility billing system

Law360 | March 28, 2018

Long Island commercial litigation partner Dan Gibbons successfully prevailed on the appeal of this case involving a class action over a utility billing system at a New Jersey apartment complex.  Dan along with Los Angeles government investigations and white collar defense partner Jason Gonzalez and associate Neal Gauger represented Yes Energy Management Inc. in this matter.

Law360 names attys who moved up the firm ranks in Q1

Law360 | April 28, 2017

This article mentions recent leadership promotions at the firm including David Brown, Jared Lusk, Jim Vallee, Graham Beck, Kathleen Ceglarski Burns, Emily Crandall Harlan, Daniel Gibbons, Linda Huber, Ilana Kameros, Haydon Keitner, Darren Miller, Neal Pandozzi, Edward Puerta, Stephen Reil, and Elizabeth Young.

Ones to watch

Long Island Business News | March 13, 2017

This column includes Long Island commercial litigation partner Dan Gibbons in a roundup of law professionals to watch.

Contact

Daniel C. Gibbons

Partner

Long Island

Phone: 516-832-7567

New York

Phone: 212-493-6631


Fax: 866-568-3660

Hofstra University School of Law, J.D., cum laude

University of Delaware, B.A., Economics

New Jersey

New York

U.S. District Court, District of New Jersey

U.S. District Court, Eastern District of New York

U.S. District Court, Northern District of New York

U.S. District Court, Southern District of New York

In 2015, Dan was named as one of New York Super Lawyers Rising Stars.

In 2012, Dan received the Long Island Business News Leadership in Law Award, which recognizes individuals whose dedication to excellence and leadership has had a positive impact on the legal profession and within the Long Island community.

  • Big Brothers Big Sisters of Long Island, Former Member of Board of Directors; Current
  • Member of President’s Council
  • New York State Bar Association, Member, and Health Law Section Member
  • New Jersey State Bar Association, Member
  • Nassau County Bar Association, Member, and Hospital and Health Law Section Member

In 2007, Dan Gibbons was appointed as a member of the Nassau County Bar Association Task Force on Court Reform. The Task Force analyzed issues confronting the New York court system and proposed recommendations to the New York State Bar Association for the formulation of corrective legislation.

Dan frequently provides pro bono legal services to United States military veterans and has represented former enlisted servicemen and servicewomen in matters related to veteran’s benefits and challenges to the characterization of discharge from the armed forces.

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