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Overview

Dan also handles intellectual property matters across traditional business, new media and entertainment sectors. He represents public and closely held business clients in all forms of intellectual property negotiations, and occasionally, dispute resolution, including patent, copyright and trademark infringement actions, as well as complex computer system litigation.

He uses intellectual property law, contracting practices and dispute resolution techniques to help clients – creators and users, buyers and sellers, licensors and licensees – to protect and grow their businesses.

Recognized for his expertise, Dan was a participant in a September 2018, invitation-only Congressional roundtable on “Legislating Certainty for Cryptocurrencies,” that addressed the regulatory treatment of blockchain tokens.

Earlier in 2018, Dan accepted the invitation of LEXIS-NEXIS to author (as successor to the late Professor Raymond Nimmer) its treatise, The Law of Electronic Commercial Transactions. He has published numerous articles on intellectual property and information technology matters, including one on the Defend Trade Secrets Act of 2016 in Intellectual Property Magazine and “Supreme Court Upholds ‘First Sale’ Doctrine,” Impact IP, an Intellectual Property Law Newsletter, in March 2013.

Active in the community, Dan has served as an adjunct faculty member at both Case Western Reserve University School of Law and Cleveland-Marshall College of Law, where he has taught courses on intellectual property and Cyberlaw. Since being appointed by the Chief Judge in 2002 (and subsequently reappointed), he has served on the Panel of Neutrals for the United States District Court for the Northern District of Ohio, in which role he has mediated numerous technology and intellectual property disputes.

Dan has served on the board of OHTec (formerly NEOSA) for many years, on the Government Affairs Council of the Greater Cleveland Partnership for several years and was a long-time board member (and former chair) of the Greater Cleveland Film Commission. He is a member of the Cleveland Metropolitan and American Bar Associations and a graduate of Leadership Cleveland. 

Before law school, Dan worked as a systems analyst for General Motors. He served as a law clerk to Chief U.S. District Judge Frank J. Battisti, was admitted to the Attorney General’s Honors Program and practiced as a trial attorney with the U.S. Justice Department.

He later served as Director of the Office of School Monitoring and a Special Master for the U.S. District Court for the Northern District of Ohio. He now serves on that Court’s ADR panel and has mediated multiple software and intellectual property disputes to settlement.

Dan has an “AV Preeminent Rating” from Martindale-Hubbell and was listed in Corporate Counsel’s “2012 Top Rated Lawyers Guide to Intellectual Property Law” and recognized by Super Lawyers for a number of years. Dan began his tenure with Calfee in 1994 and became a partner in 1998.

Honors & Recognitions

Martindale-Hubbell, “AV Preeminent Rating”

Corporate Counsel’s “Top-Rated Lawyers Guide to Intellectual Property Law,” 2012

Education

J.D., cum laude, Harvard Law School, 1982

B.A., magna cum laude, Harvard College, 1978

Experience

Professional & Community

Professional & Community

United States District Court, Northern District of Ohio; mediator, member of Panel of Neutrals, 2002 to present

Case Western Reserve University School of Law, former adjunct faculty member

Cleveland-Marshall College of Law, former adjunct faculty member, 1990 to 2013

Harvard Law School Program of Instruction for Lawyers Negotiation Workshop, teaching staff, June 1994

OHTec (formerly NEOSA, The Northeast Ohio Software Association), board member

Cleveland Metropolitan Bar Association, member

Ohio Bar Association, Computer Law Committee

American Bar Association, Science and Technology and Patent, Copyright and Trademark Law Section

Leadership Cleveland, Class of 1991

Greater Cleveland Partnership, Government Affairs Council, 2016-2018

Greater Cleveland Media Development Corporation (Cleveland’s Film Commission), former board chair, member

Time Integrated Media Environment Program, Cleveland Institute of Art, former advisory committee member

Institute for Educational Renewal, former trustee

Presentations & Publications

Presentations & Publications

Presentations

  • "GDPR Is Coming – Is Your Business Ready?!" OHTec Tech Week Event, April 19, 2018.
  • "Net Neutrality and What the FCC's Recent Ruling Means Going Forward," Hudson Library and Historical Society, March 29, 2018.
  • "Some Things Every Successful Entrepreneur Should Know About Intellectual Property," Women's Business Centers of Ohio, March 22, 2017.
  • “Intellectual Property Law Issues,” presentation for the 2013 Information Security Summit, October 24-25, 2013.
  • Intellectual Property Week: Attorney Panel, Participant on attorney panel for Case Western Reserve University’s Intellectual Property Week, October 14, 2013.
  • “Ongoing Developments in COPYRIGHT IN CYBERSPACE - Change is in the Aereo,” Presentation to Cleveland Intellectual Property Association, February 19, 2013.

Publications

  • "Ohio Senate Bill 220  Creates Cybersecurity Safe Harbor," co-authored with Calfee attorneys Billy Raulerson and Kenneth A. Smith, Calfee Legal Alert, October 22, 2018.
  • "GDPR Is Coming. Is Your Business Ready?" Crain's Cleveland Business, May 1, 2018.
  • "GDPR Is Coming. Is Your Business Ready?" Calfee Legal Alert, March 2, 2018.
  • "Intellectual Property Rights in Computer Software," co-authored with Calfee Partner, Billy Raulerson and distributed at OHTec Best of Tech Awards ceremony, April 27, 2017.
  • "Defend Trade Secrets Act of 2016," Intellectual Property Magazine, October 2016.
  • "Supreme Court Upholds 'First Sale' Doctrine in Importation of Textbooks,” Impact IP, an Intellectual Property Law Newsletter, March 2013.

News & Events

PDF

Clerkships

  • Law Clerk to Chief Judge, United States District Court, for the Northern District of Ohio, Honorable Frank J. Battisti, Cleveland, Ohio, 1982 to 1983

Licensed In

  • District of Columbia 
  • Ohio

Court Admissions

  • U.S. District Court for the Northern District of Ohio
  • U.S. Court of Appeals for the Federal Circuit
  • U.S. Supreme Court
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