Kluger Kaplan’s Daniel Rosen Reappointed to Minnesota Campaign Finance and Public Disclosure Board

Complex commercial litigation firm Kluger, Kaplan, Silverman, Katzen & Levine announces that Daniel N. Rosen, Partner-in-Charge of the firm’s Minneapolis office, was appointed by Governor Mark Dayton to a second term as a member of the Minnesota Campaign Finance and Public Disclosure Board.

Dan RosenThe Minnesota Campaign Finance and Public Disclosure Board is tasked with regulating campaign finance and lobbyist activities in state campaigns. Mr. Rosen has served on the board since 2014 and served as its Chair between 2016 and 2017. His new term will run through January 2022.

 “I am honored that Governor Dayton has appointed me to serve another term on this critically important board,” said Mr. Rosen. “Transparency and disclosure in campaign finance is essential to our election process, and I look forward to working alongside my colleagues to ensure these values continue to be upheld.”

As Partner-in-Charge of Kluger Kaplan’s Minneapolis office, Mr. Rosen focuses his practice on complex commercial and real estate litigation. He is a leading Minnesota lawyer representing property owners in eminent domain takings and has represented major national corporations including Exxon Mobil, Walgreens and Sears Holdings. Mr. Rosen is a former officer in the United States Navy and served in Operations Desert Shield and Desert Storm.

The Campaign Finance and Public Disclosure Board consists of six members, appointed by the Governor of Minnesota on a bi-partisan basis for staggered four-year terms. The appointments must be confirmed by a three-fifths vote of the members of each house of the legislature. Its mission is to promote public confidence in state government decision-making through development, administration, and enforcement of disclosure and public financing programs.

Daily Business Review: South Florida Midsize Law Firms Find Room for Fee Options

Daily Business Review

 

By Catherine Wilson

The buzz about alternative fee arrangements has gotten louder in recent years, and many midsize law firms in South Florida have carved out space for something other than the straight billable hour.

AJK High Resolution“It’s becoming more and more of a topic, especially in big commercial cases, where it really wasn’t before,” said Miami commercial litigator Alan Kluger, co-founder of the 32-attorney Kluger Kaplan. “Clients are more receptive than they used to be.

The field of possibilities is open on the client side.

“Every single client, with the exception of maybe the Fortune 50, are potential clients to do alternative fee agreements, and the main thing they tell you is the shifting of the risk solely from the client to the client and the lawyers makes them happy,” he said.

But opinion is split on the willingness of clients to switch away from billable hours to AFAs.

Gary Rosen, managing shareholder of the 92-attorney Becker & Poliakoff, said he attends a lot of professional conferences, and “there’s been a lot of talk about AFAs in the past 10 years generally.”

“In reality, AFAs have not grown as dramatically and have not become as significant a component of the overall legal landscape as many have predicted, and the reason is it’s not that lawyers are uncomfortable with it. For the most part, it’s clients who are uncomfortable with it,” he said. “Clients have shown a reticence to move much more significantly into the AFA environment.”

Clients like the idea of predictable legal fees, and alternative arrangements are keyed more to specific clients than practice areas, said real estate litigator Ryan Gesten of the 21-attorney Shapiro, Blasi, Wasserman & Hermann in Boca Raton.

“I’ve been practicing 17 years. I’ve handled 1,000 matters on contingency,” he said. When considering a request for alternative fees, “it’s almost like we know it when we see it.”

Attorneys at South Florida midsize firms said alternative fees represent as little as 10 percent of total revenue and as high as 80 percent of cases, with litigation being a common practice area for AFAs.

The types of cases most likely to foster alternative fees at Kluger’s litigation firm are third-party and bad faith insurance claims, legal malpractice claims and breach of warranty claims.

“Those cases get resolved because it’s money. It’s just money,” he said.

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Daily Business Review: Litigator Abbey Kaplan On How Finding Common Ground Has Built His Career

Daily Business Review

By Celia Ampel

Miami attorney Abbey Kaplan believes the “Real Housewives” series is “complete lunacy” — but he’s seen plenty of episodes.

Kaplan carved out time to watch the show when his pop-culture-loving daughter was a teenager so he would have an easier time connecting with her.

Abbey Kaplan“When I used to travel, as an example, I would always buy a People magazine so that when I came back, there would be things that I’d be able to have in common with her and could talk to her about,” Kaplan said.

The business litigator’s belief in finding common ground has helped him win over juries, forge relationships with opposing counsel and grow his 30-lawyer firm, Kluger, Kaplan, Silverman, Katzen & Levine.

Kaplan did not always know he would be an attorney. Like many kids, he wanted to be a professional baseball player, like his idol Mickey Mantle. But at age 13, he was hit in the face with a tennis ball and became blind in his right eye. His dreams dashed, he realized he needed to start on a path toward a different career.

He worked his way through college and law school as a women’s shoe salesman, chatting up people from all different walks of life — including his future wife, attorney Alyne Wrubel Kaplan. Those years taught him the importance of being able to connect with any type of person.

“You have the size fives and you have the size tens,” he said. “You have the women who want to spend a lot of money and the women who can’t spend a lot of money.”

It’s not always easy to meet people on their level, Kaplan said, particularly when you represent business clients who jurors might struggle to relate with. In 1991, Kaplan felt stuck as he prepared to ask for punitive damages in a trademark infringement case.

“I was really struggling with how do you reach common ground with a jury on punitive damages?” he said. “How do you explain to them what it means to punish somebody in the business sense?”

He consulted with his law partner, Alan Kluger, who suggested quoting Exodus 22:1: “If a man steals an ox … and slaughters it or sells it, he shall pay five oxen.”

It worked. The jury awarded $10 million, including $4 million in punitive damages. Although the verdict was later overturned, the moment stuck with Kaplan as a lesson on how to connect with a jury.

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Dare to Dodge (and be Victorious)

Kluger Kaplan was proud to join our colleagues in South Florida’s legal community to support the United Way of Miami-Dade County at its annual “Dare to Dodge” Tournament. While we may often face-off in the courtroom, we always find common ground in support of better education, financial stability and health across our most vulnerable communities.

And, we’re proud to say the Kluger Kaplan team took first place in the tournament!

Kluger Kaplan Dodge Ball IMG_9521 IMG_3462 IMG_3432

Daily Business Review: Litigation Funding Changes Legal Landscape for Boutique and Small Firms

Daily Business Review

 

 

 

 

 

By Monika Gonzalez Mesa

The growth of litigation funding has widened the pool of law firms that can take on big cases, but their increasing popularity means boutique firms that have traditionally landed multimillion-dollar lawsuits by taking them on contingency or offering alternative fee arrangements are now taking a hit…

While boutique firms may feel that third-party funders are undercutting their business, smaller firms that once could not take on big-ticket cases are now able to compete. With the help of third-party funders, they can handle more multi-million dollar lawsuits than they would have otherwise.

“The pool of lawyers available to try a case expands because young lawyers who otherwise could not afford to take the case on contingency can now get funding,” said Alan Kluger, a founding member of Kluger, Kaplan, Silverman, Katzen & Levine. “That’s good. It gives clients a bigger pool of lawyers to choose from. The good lawyers are going to get a lot of work.”

Kluger said his firm does not use third-party litigation funding because it has more than enough work and can take the cases it likes on contingency on its own. Several other managing partners of large firms said they don’t use third-party funding either. But a few said they have used them on occasion as part of an alternative fee arrangement.

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