Daniel L. Brown

Dan Brown is a partner in the Business Trial Practice Group in the firm's New York office. Dan is also the Chair of the firm's Pro Bono Committee.

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

Clerkships

•Intern, the Honorable Michael B. Mukasey, United States District Court for the Southern District of New York

Honors

Named in New York Super Lawyers in Business Litigation, 2016-2019

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

Insights

Articles

•New Commercial Division Rules Reflect Court's Efficiency Goals
New York Law Journal, 07.13.2015
•Litigating in Bankruptcy Court: Do You Know Where You Are?
New York Law Journal, 09.24.2012
•Two First Department Decisions Adopt 'Zubulake'
New York Law Journal, 04.16.2012
•Using Prior Expert Testimony Requires Extra Effort
New York Law Journal, 07.18.2011
•Former Student Athletes’ Right of Publicity and Antitrust Claims Will Proceed Against the NCAA and Electronic Arts
Sports Litigation Alert, 06.03.2011
•“UNITED STATES,” International and Comparative Litigation
Kluwer Law International, 2011
•In re NCAA Student-Athlete Name and Likeness Licensing Litigation
Sports Litigation Alert, 03.12.2010
•Savvy Use of Social Networking Sites
New York Law Journal, 09.08.2009
•Judgment Secured: Now What?
New York Law Journal, 07.20.2009
•Can Gender Discrimination or Provocative Dress Requirements Ever be Appropriate for Your Employees?
HotelExecutive.com, 06.01.2009
•New Hotel Projects May Have No Choice But to Go Green
Hotel Executive, 04.01.2009
•Common Legal Issues that Confront Hotel Operators
HotelExecutive.com, 12.01.2008
•Condo Hotels As Securities
HotelExecutive.com, 07.01.2008
•Arbitrating Hotel Management Agreement Disputes: Beware of Arbigation
Hotel Executive.com, 03.01.2008
•Condo Hotel Explosion Raises New Issues
11.28.2005

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

•Ski Pass Co. Chilled By Costs, Not Monopoly, 2nd Circ. Says
Law360, 11.04.2019
•MTA Renovations Lack Access For Disabled Riders, Suit Says
Law360, 05.15.2019
•Disability Advocates File Class Action, Stepping Up Legal Push for MTA Transit Accessibility
New York Law Journal, 05.15.2019
•InterDigital Accused Of Unfair Terms For Telecom Patents
Law360, 01.03.2019
•Satellite Operator Blasts 'Baseless' Challenge To $1M Award
Law360
•Fight to Improve New York City Sidewalks for Disabled Heads to Court
New York Daily News, 10.09.2017
•Disability Advocates Sue MTA Over Subway Elevator Outages
New York Law Journal, 04.26.2017
•MCC Interview: The Experience of a Lifetime
Metropolitan Corporate Counsel, 11.2015
•Marathoner Who Inspired Wheelchair Class Action Returns to Race
The American Lawyer, 10.27.2015
•ABA Award Recipient Honored to be Attorney for Heroes
New York State Bar News, 09.2015
•Lawsuit Demands Improved NYC Sidewalks for People With Disabilities
NBC New York, 07.24.2015
•EY Says Omnicare May Doom Lehman Fraud Claims
Law360, 04.03.2015
•Rye Brook Attorney Files Lawsuit to Compel P.C. Station Accessibility
Westmore News, 01.02.2015
•Hospitality Cases To Watch In 2015
Law360, 01.02.2015
•City Settles Litigation Over Disaster Preparedness
New York Law Journal, 10.02.2014
•New York City to Alter Preparations for Disabled in Disasters
New York Times, 09.30.2014
•Judge OKs 'Historic' Deal for Accessible Taxis
New York Law Journal, 09.18.2014
•Lawyers Making a Difference: 3 Words to Describe Working on Asylum Cases
Human Rights First, 01.2014
•Sheppard Mullin Litigator a Fighter for the Disabled
The American Lawyer, 01.06.2014
•NYC Ends Disabilities Suit With Deal To Make Cabs Accessible
Law360, 12.06.2013
•Advocates for the Disabled Seek Outside Expert to Examine NYC Disaster-Response Procedures
New York Law Journal, 03.12.2013
•Taxi Drivers Celebrate Legal Triumph
New York Taxi Workers Alliance, 12.05.2012
•MSR Truce With Marriott Removes Ch. 11 Roadblock
Law360, 02.12.2012
•Sheppard Mullin Assists Sudanese Activist Win Asylum
New York Law Journal, 02.10.2012
•Facebook E-Discovery Ruling Only Tip Of The Iceberg
Law360, 06.08.2010
•Apple Is Said to Face Inquiry About Online Music
New York Times, 05.25.2010

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

•ACC-GNY Seminar
Retail Practice Group CLE: Best Practices for Retail Counsel, 04.29.2015

•Facing a Blizzard of Legal Challenges as In-House Counsel
Spring 2015 New York Fashion Week, 02.17.2015

•Who You Calling An Amateur? Legal Perspectives on the NCAA's Amateurism Rules
Seton Hall University School of Law -- Room 373; One Newark Center; Newark, New Jersey, 04.20.2011

•Labor & Employment Law Update: 2010 Year in Review
W New York, 11.10.2010

•Litigating in the Social Networking Era
Teleconference 1:00 - 2:30pm, 06.15.2010

•Social Networking Websites: The Emerging Litigation Tool
Strafford Publications, Inc., 11.11.2009