Daniel L. Brown

Partner•Pro Bono and Co-Office Managing Partner, New York
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Daniel Brown

Overview

Dan Brown, an accomplished litigator and Sheppard’s pro bono partner, has achieved historic results enforcing the civil rights of people with disabilities.

For more than 25 years, Dan has represented clients in high-stakes, “bet-the-business” cases and complex individual and class action disputes in federal and state courts. His experience spans matters involving breach of contract, fraud, breach of fiduciary duty, employment, defamation, federal and state antitrust, consumer protection, the Americans with Disabilities Act, immigration and constitutional law. Dan advises and litigates for companies across the entertainment, hospitality, aerospace, electronics, fashion, real estate and banking industries.

Dan’s pro bono cases have led to landmark victories, showcasing his litigation and class action expertise. In his first pro bono case in 1999, he represented wheelchair athletes alleging discrimination under the Americans with Disabilities Act in Hall v. New York Roadrunners Club, a lawsuit which led to the creation of a wheelchair division in the New York City Marathon.

Since then, Dan has led or collaborated on pro bono cases that have improved the lives of people with disabilities in New York City and around the country, including cases resulting in removing physical barriers that prevent people with disabilities from accessing subways, sidewalks, taxis and emergency services.

Dan's deep commitment to pro bono has led to numerous awards, including the American Bar Association's 2015 Pro Bono Publico Award, which honors outstanding commitments to volunteer legal services for the poor and disadvantaged. The ABA’s video highlighting Dan’s accomplishments is available here.

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: 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.
Credentials
Clerkships

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

Education

J.D., Fordham University School of Law, 1998

B.A. The University of Michigan, 1993

Admissions

New York

U.S. Court of Appeals for the First and Second Circuits

U.S. District Courts for the Southern and Eastern Districts of New York

Honors

New York Super Lawyer, Super Lawyers, 2014, 2025

Class Action/Mass Tort Litigation Trailblazer, National Law Journal, 2023

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 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 Rising Star, Super Lawyers, 2011

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

Thought Leadership

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

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.