Daniel L. Brown

Dan Brown, a partner in the Business Trial Practice Group in the firm's New York office, is the firm’s Pro Bono Partner.

Areas of Practice

Dan's expertise in complex commercial litigation and arbitration covers a wide variety of areas and industries, and includes the defense of  individual and class actions. He has successfully brought and defended numerous claims alleging violations of the antitrust laws, New York and New Jersey consumer protection laws, the American’s with Disabilities Act, the Anti-Terrorism Act, the employment laws, and for breach of contract, fraud, and breaches of fiduciary duties in many industries, including, but not limited to, hospitality, aerospace, electronics, fashion, jewelry, distribution, self-storage, manufacturing, distribution, retail and banking.

Dan also has unique and valuable litigation and class action expertise as a result of his extensive pro bono work.  For example, in BCID v. Bloomberg, 11-cv-6690 (S.D.N.Y.), Dan represented and tried a case on behalf of a class of all persons with disabilities in New York City alleging that New York City failed to adequately plan for people with disabilities in emergencies, such as terrorist attacks and hurricanes.  Following the liability verdict, the remedy phase was settled with the City agreeing to the most comprehensive disaster plan ever established in the country aimed at improving the lives and safety of nearly 900,000 New Yorkers with disabilities. Judge Jesse Furman remarked, “I agree with plaintiffs' counsel that the settlement is ‘nothing short of remarkable’ . . .  all Americans, not just those with disabilities, will be the better for it . . . The experience of counsel also weighs in favor of approval.  The class is represented by  . . .  Sheppard Mullin Richter & Hampton LLP . . .  that experience showed throughout the litigation . . . That is, I can say firsthand that plaintiffs' counsel has zealously and effectively litigated this case,  including but not limited to doing a terrific job at trial.” 

A significant part of Dan’s litigation practice involves the representation of large and independent/boutique hotel brand managers, franchisors and owners in various disputes arising from the hotel owner-manager relationship, including litigating high profile cases alleging breach of contract and breach of fiduciary duties, violations of the antitrust laws, and defending against terminations of hotel management agreements, including by "midnight raids."  Dan served as trial counsel in cases that set the standards for determining damages in the context of premature terminations of hotel management agreements.

Dan is the recipient of the American Bar Association's 2015 Pro Bono Publico Award, which honors individuals and institutions that have enhanced the human dignity of others by improving or delivering volunteer legal services to our nation's poor and disadvantaged.  The ABA’s video highlighting Dan’s accomplishments is available here: Daniel L. Brown Video

Experience

• Center for Independence of the Disabled, New York, et al. v. Metropolitan Transportation Authority, et al. No. 153765/2017 (N.Y. Sup. Ct. N.Y. Co.) and De La Rosa et al. v. Metropolitan Transportation Authority et al. No. 19-cv-04406 (ER) (S.D.N.Y.).   Achieved a landmark settlement with the Metropolitan Transit Authority to make the New York City subway accessible for people with disabilities who cannot use stairs to access the system. 
• Mason, et al. v. Antioch University, et al., 15-cv-05841 (E.D.N.Y.).  Obtained pre-answer dismissal of discrimination and fraud claims for lack of personal jurisdiction under New York’s long-arm statute.
• Avalos v. IAC/Interactivecorp. et al., 13-cv-08351 (S.D.N.Y). Obtained pre-answer dismissal of complaint concerning internet dating profiles and asserting claims under the Lanham Act, Copyright Act, RICO statute, and state laws.
• In re MSR Resort Golf Course, LLC, 11-10372 (Bankr. S.D.N.Y.) and In re M Waikiki (D. HI.). Successfully represented Marriott in two high profile litigations arising from termination of hotel management agreements.
• Defended multiple defendants in claims under the Anti-Terrorism Act, Alien Tort Statute, Torture Victim Protection Act, and common law arising from the September 11, 2001 terrorist attacks. See, e.g. In re Terrorist Attacks on September 11, 2001, 714 F. 3d 659 (2d Cir. 2013).
• Taxis for All Campaign v. Taxi & Limousine Commission, 11-cv-00237 (S.D.N.Y.). Achieved a historic settlement with New York City In this case challenging the New York City taxicab fleet as not wheelchair accessible, in which the City has agreed to have the New York taxi fleet, which is currently only 1.8% accessible, become 50% accessible over six years.
• BCID v. Bloomberg, 11-cv-6690 (S.D.N.Y.). Successfully represented and tried a case on behalf of a class of all persons with disabilities in New York City alleging that New York City has failed to adequately plan for people with disabilities in emergencies.
• Cohen vs. T Mobile USA, Inc. et. al, 10cv02913 (E.D.N.Y.). Obtained a pre-answer and pre-motion dismissal on behalf of T-Mobile USA, Inc. in a case alleging violations of New York General Business Law § 349.
• Kalimantano GmbH, et. al v. WatchNetwork.com, Twitter Inc., et. al, 13 -560 (S.D.N.Y.). Successfully represented WatchNetwork.com in case alleging violations of the Anticybersquatting Consumer Protection Act, defamation, damage to business reputation, and invasion of privacy in connection with information on the defendants’ websites.
• Respira Health LLC v. Med Biogene, Inc., 650365/2011 (Sup. Ct. NY. Co.). Successfully defended biotech company against lost profits claims arising from alleged breaches of a letter of intent.
• Banxcorp v. Bankrate Inc., 2:07-cv-03398 (D.N.J). Successfully represented LendingTree against antitrust claims.
• Member of litigation and trial team for Samsung Electronics in the largest ever civil antitrust case.
• In re SRAM Antitrust Litig., MDL No. 1819 (2006-present): National counsel defending civil price-fixing class actions regarding computer memory chips.
• Camofi Master LDC, et al. v. Advanced Cell Technology, Inc., Index No. 652816-2011 (N.Y . Sup. Ct. 2013); Cranshire Capital Master Fund, Ltd., 11 Civ. 8755 (DLC)(JCF)(S.D.N.Y. 2012); Black Mountain Equities, Inc. v. Advanced Cell Technology, Inc., 11 Civ. 7305 (PAE) (S.D.N.Y. 2012); Alpha Capital Anstalt v. Advanced Cell Technology, Inc., 09 Civ. 670 (LAK) (S.D.N.Y. 2012). Defended biotechnology company in lawsuits alleging failure to honor convertible note and warrant obligations. Obtained favorable settlement of each lawsuit.
• Blue Tree Hotels Investment (Canada) Ltd. v. Starwood Hotels & Resorts Worldwide, Inc., 369 F.3d 212 (2d Cir. 2004). Successfully argued the appeal before the Second Circuit Court of Appeals, which resulted in the dismissal of alleged antitrust violations against the defendants arising from purported violations of the Robinson-Patman Act.
• Lead litigator for the indenture trustee for $1.7 billion in notes in the Adelphia bankruptcy proceedings.
• Successfully defeated an action seeking injunctive relief and the attachment of the assets of an apparel company.
• Represented an inventor of computer software and business owner in an arbitration arising from the purchase of his business and software.
• Represented a multinational conglomerate corporation in an international arbitration concerning a distribution and licensing agreement.
• Represented an appliance manufacturer in an international arbitration concerning the termination of an exclusive distributorship.
• Represented a cell phone manufacturer concerning its rights under a joint-venture agreement.
• In Hall v. New York Roadrunners Club, 99-Civ.-4122 (E.D.N.Y.): Lead counsel for Plaintiffs, a lawsuit brought under the Americans With Disabilities Act in connection with the running of the New York City Marathon. The historic settlement of that lawsuit included equal treatment for wheelchair athletes in the largest spectator event in the world.
• Mr. Brown has made significant contributions to cases that have been reported in the New York Law Journal, New York Times and Wall Street Journal. Mr. Brown has also appeared on CNN, NBC and Court TV.
• Mr. Brown has been a featured speaker at hospitality, antitrust, electronic discovery and other Continuing Legal Education programs.

Honors

Leadership Action Award, Disability Rights Advocates, 2022

Distinguished Leader, New York Law Journal, 2022

Named in "New York Super Lawyers" in Business Litigation, 2016-2022

Named in "New York Super Lawyers" in Antitrust Litigation (2015)

Recipient, ABA Pro Bono Publico Award, American Bar Association, 2015

Recipient, New York Impact Litigation Award, in recognition of life changing litigation on behalf of people with disabilities, Disability Rights Advocates, 2014

Mr. Brown was a member of the pro bono team at Sheppard Mullin receiving the 2011 Frankel Award from Human Rights First for their successful representation of Abdalmageed Haroun, a prominent human rights activist and former Sudanese prisoner. In the Sudan, Mr. Haroun's work focused on women's rights, the plight of internally displaced refugees, and the victims of the conflict in Darfur. As a result of his selfless and heroic efforts, Mr. Haroun was detained for months, persecuted, tortured, and threatened with death by the Sudanese government, forcing him to flee the country. The firm represented Mr. Haroun in connection with his application for asylum in the United States.

New York Super Lawyer, Super Lawyers, 2014

New York Rising Star, Super Lawyers, 2011

Articles

Books

• Cloud Computing Legal Deskbook, 2013 Edition, Thomson Reuters Westlaw (Author of Chapter on Electronic Discovery)
• Author of a comprehensive chapter on U.S. antitrust and federal civil procedure in International and Comparative Competition Litigation, a treatise comparing the competition laws in over 20 jurisdictions world-wide.

Sheppard Mullin Blog Posts

• "Commercial Division Practice Continues to Shift Towards Federal Standards with Four Proposed Rule Changes," May 4, 2015 
• "Monetary Threshold For Commencing Cases In Manhattan’s Commercial Division Raised to $500,000," February 7, 2014
• "Second Circuit Holds that Federal Common Law Prohibits Trading By Insiders of a Cayman Islands Corporation While In Possession of Material Nonpublic Information," February 4, 2014
• "Subpoena of AOL Senior Executive Under the "Apex Rule" Disallowed Absent Special Knowledge," March 6, 2013
• "Court Provides Guidance for Seeking Damages Arising From Trades of Distressed Claims," August 13, 2012
• "Second Circuit Rejects $2 Billion Class Action Award Against The Republic of Argentina," June 8, 2010
• "Plaintiffs' Failure To Satisfy FTAIA's "Two-Step Dance" Results In Dismissal Of Foreign Purchase Claims," June 3, 2010
• "The United States Supreme Court Rules That Class Arbitration Is Improper When Parties To An Arbitration Agreement Have Not Explicitly Authorized Class Arbitration," May 11, 2010
• "eBay Auction Sellers' Bid For Class Certification Rejected," April 28, 2010
• "Second Circuit Court of Appeals Rules That Antitrust Complaint Satisfies Twombly Pleading Standards," February 17, 2010
• "Air Cargo Class Action to Proceed -- District Court Overrules Twombly Dismissal Recommendation," October 12, 2009
• "The Third Circuit Clarifies the "Rigorous Analysis" Courts Must Apply In Class Certification," February 10, 2009
• "California Court of Appeal Drops The Other Shoe: Pass-on Defense Viable," August 15, 2008
• "Hospital Lacks Antitrust Standing to Pursue Claims Against Johnson & Johnson Where, Pursuant to an Agreement with J&J, Hospital Purchased  Products from a Distributor," June 9, 2008
• "Antitrust Class Action Monopolization Claims Against eBay Will Proceed; Tying Arrangement Claims Dismissed," April 7, 2008
• "The Fourth Circuit Court of Appeals Upholds Most of the State of Washington's Regulations on the Sales of Alcoholic Beverages," March 12, 2008
• "Multimillion Dollar Class Action Settlements Approved In Insurance Brokerage Litigations," October 5, 2009

Media Mentions

Speaking Engagements

• Maintaining the Attorney-Client Privilege (CLE for private parties)
• Antitrust Compliance (CLE for private parties)
• Managing a Cartel Investigation (CLE for private parties)
• "Back to the Future: Revisiting Class Certification in In Re: Visa Check/MasterMoney Antitrust Litigation Under the Standards Enunciated in In Re: Initial Public Offering Securities Litigation," New York State Bar Association Antitrust Law Section Annual Meeting, January 26, 2012

Events

Memberships

Member, Fordham Law School Public Interest Advisory Council

Member, President's Committee on Access to Justice, New York State Bar Association

Hotel Business Review, Editorial Board Member 2009 and 2010

Member, Antitrust Law Section, New York State Bar Association

Member, Class Action Committee of the Antitrust Law Section, New York State Bar Association

American Bar Association, Section of Antitrust

New York State Bar Association

Digital Media