Meet Dan Rosen, partner-in charge of our Minnesota office

Last April, Kluger Kaplan opened its newest office in Minneapolis and welcomed is Partner-in-Charge Daniel N. Rosen to the firm to spearhead this expansion. Nearly one year later, we caught up with Dan to learn more about his experience since joining Kluger Kaplan and his path to becoming one of the top complex commercial litigators in the Midwest. 

Dan RosenQ: How has joining Kluger Kaplan enhanced and supported your practice?

A: Kluger Kaplan has a depth of resources that I have rarely seen in my career. Previously, I was a principal at a small law firm.  Our firm performed at a very high level, but my practice outgrew the limitations of a small firm. At Kluger Kaplan I am supported by everything a trial lawyer could want—most importantly, a team on which every associate and every partner is smart, experienced and hard-charging. Being backed up by those resources and skills gives me the confidence any advocate needs going into litigation.

Q: How did you decide to enter the legal profession?

A:  You might say it’s in my genes. My father was a great trial lawyer with a unique enthusiasm for advocacy.  He’d teach me the skills of being a trial lawyer even when I was still a kid (seriously).  So, when the time came to choose my career, it was a natural decision.  My father died only five years into my career as a lawyer, but I was gratified that two weeks before he died, he was able to see me win my first million-dollar jury verdict.

Q: How did your experiences as a US Navy officer during the Gulf War help prepare you for your legal career?

A: A young naval officer is given huge responsibility. I was in command of 35 people. Half of them were older than I was, and most had been in the Navy far longer than I.  They were of course obligated to follow my orders, but to draw out the highest level of performance, the trick was to get them to want to follow my orders. So I had to learn the art of persuasion.  It’s the same with a jury.  If you want to win, it’s not enough to have statutes and cases on your side; you need to make them want to find for you.

My Navy experience also taught me the need for fast reactions and attention to detail, which is drilled into young officers.    Both are critical disciplines for a trial lawyer.

Q: You were recently appointed to a second four-year term on the Minnesota Campaign Finance & Public Disclosure Board. Why are you honored to serve on this board?

A: The board is bipartisan, and I was honored that when Minnesota’s Democratic governor needed a Republican he could count on for fairness, he appointed me. In my recent tenure as chairman of the board, I worked hard to build consensus in addressing matters that were naturally charged with partisanship.    I believe we were successful and I am glad about that because the integrity of our elections and our democracy depends upon bipartisan cooperation in ensuring that our campaign finance system is clean and transparent.

Serving on the Minnesota Campaign Finance & Public Disclosure Board has put me in a very strong position to help elected officials and donors –– state or federal –– who find themselves under the gun for violation of campaign finance law. The knowledge base and expertise that I have developed in the field is not commonly found in the legal profession but is a critical one.

 

Crain’s Miami: If I Knew Then with Alan Kluger

Crain's

 

 

 

In this ongoing series, we ask executives, entrepreneurs and business leaders about mistakes that have shaped their business philosophy.

Alan J. Kluger

Background:  After building a successful 60-attorney law firm, powerhouse trial attorney Alan J. Kluger took a risk and launched Kluger, Kaplan, Silverman, Katzen & Levine eight years ago with a focus on litigation. Now recognized as one of the top litigation firms in the Southeast, the Miami-based practice has nearly doubled in size and recently opened an office in Minneapolis. Kluger is known for handling an array of celebrity divorces and has successfully litigated prominent cases from Hollywood to Wall Street.

The Mistake:

I was constantly selling myself. Early on in my career, probably 30 years ago, I would go to these events or people would invite me to different business functions. I was a business litigator. I would go to these things, and all I would do is talk about myself. And I thought it was really good to tell them all about me, and I couldn’t understand why I never got traction.

I was actually at an event at a group of automobile dealers in Atlanta. I was invited to speak and I spoke about a topic of law that I knew about, and then I started talking about me. And I looked out and I was getting no traction. I saw their eyes glaze over — and it sort of hit me.

I figured out that catching rather than pitching was the key to success.

And what started to happen after that — I’d pick up clients anywhere. I will be on an airplane, at a dinner, traveling with my wife somewhere in the world, and I will have a conversation. And it will go on for 20 minutes and I will know everything about them. And they don’t know anything about me. They don’t even know what I do.

And then they’ll turn around to me and they’ll say, “What do you do?” And I’ll say, “I collect art and I travel.” “No, no — what do you do to make money?” And I say, “I’m a trial lawyer.”

And then my wife will say, because she’s a former judge, “He just took your deposition.”

People don’t want to hear about you. They want to know that you care about them.

The Lesson:

I realized that, in my business, what I do is I learn all about my witnesses. I ask them questions and I find out all about them. And I realized two things. One, people want to talk about themselves. And in my business of being a trusted advisor and doing litigation, where people’s lives and their businesses are on the line, I really can’t give them advice unless I really know them. And you can’t say to somebody, “Tell me about you.”

So I decided that I would focus the conversation. So I say, “Where are you from? Where did you grow up? Did you go to college and what did you study?” Within 25 minutes, I know everything.

Continue reading in Crain’s Miami.

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.

Continue reading in the Daily Business Review. 

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.

Continue reading in the Daily Business Review