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 Brown's distinguished career is marked by his litigation expertise and unwavering dedication to pro bono work. 

For over two decades, Brown has honed his litigation skills in “bet the business” and other disputes spanning a diverse array of areas and industries. Brown has litigated employment, breach of contract, fraud, breach of fiduciary duty, and defamation claims, and has defended individual and class actions, including under federal and state antitrust and consumer protection laws, the Americans with Disabilities Act, and the Anti-Terrorism Act. His work has covered industries as diverse as hospitality, aerospace, electronics, fashion, real estate, and banking.

Brown has also dedicated his career to pro bono work, and his pro bono cases have led to landmark victories that showcase his litigation and class action expertise and also effected significant social change. Soon after graduating law school, Brown represented wheelchair athletes alleging discrimination under the Americans with Disabilities Act in Hall v. New York Roadrunners Club, 99-cv-4122 (E.D.N.Y.), a lawsuit brought under the Americans with Disabilities Act which led to the creation of a wheelchair division in the New York City Marathon. Since that time, Brown has served as lead or co-counsel on notable pro-bono cases that have improved the lives of people with disabilities in New York City and around the country.

For example, In Brooklyn Center for the Disabled, et al. v. Bloomberg, et al., Brown served as co-counsel with Disability Rights Advocates in a case where he represented a class of over 900,000 persons with disabilities in New York City. The suit was filed in the wake of Hurricane Irene and alleged that New York City failed to adequately plan for people with disabilities in emergencies such as natural disasters and terror attacks. After a lengthy trial, the Court issued a 112-page decision concluding that the City violated the American with Disabilities Act and other statutes by failing to provide people with disabilities meaningful access to its emergency preparedness program in several ways. Thereafter, Southern District of New York Judge Jesse Furman granted final approval of a settlement and stated, “I agree with plaintiffs’ counsel that the settlement is ‘nothing short of remarkable,'” and “I have little doubt that this settlement will serve as a model for municipalities nationwide, and, frankly, that all Americans, not just those with disabilities, will be the better for it.”

In The Taxis for All Campaign v. New York City Taxi and Limousine Commission and the City of New York, No. 11-cv-0237 (S.D.N.Y.), Brown was co-and settled this case on behalf of a class of mobility impaired residents and visitors in New York City seeking access to the City’s yellow medallion taxi fleet, and which resulted in an agreement to make 50% of New York’s yellow taxi fleet wheelchair accessible. Upon the settlement Judge George Daniels stated, “We should not minimize the importance of this historic moment. Decades from now, most will take it for granted. But this is one of the most significant acts of inclusion in this city since Jackie Robinson joined the Brooklyn Dodgers. It is an act of a city that equally values all of its residents and visitors. I commend the plaintiffs and their lawyers for their persistence and the mayor and the city’s representatives for the good judgment that today’s agreement represents. It makes us a better city. It is simply the right thing to do.”

In Ctr. for Indep. of the Disabled, N.Y v. City of New York, No. 14-cv-5884, (S.D.N.Y.), Brown represented the certified class of people with mobility disabilities challenging the inaccessibility of New York City’s sidewalks, which achieved a historic class action settlement to dramatically improve sidewalk accessibility for New York City’s disability community. 

Most recently, Brown settled two state and federal class actions, Ctr. for Indep. of the Disabled, N.Y. v. Metro. Trans. Auth., No. 153765/2017 and De La Rosa v. Metro. Trans. Auth., 19-cv-4406 (S.D.N.Y.), representing people with mobility disabilities denied access to the NYC subway system and which challenged the MTA’s practice of renovating subway stations without making them accessible to people with mobility disabilities. The cases settled with a historic settlement agreement with the Metropolitan Transit Authority (MTA) to make the New York City subway accessible for people with disabilities who cannot use stairs to access the system. The settlement agreement calls for the MTA to make at least 95 percent of the New York City subway’s 364 currently inaccessible stations (more than 75 percent) accessible by 2055.

Brown's legal expertise and deep commitment to pro bono has led to numerous awards, including the American Bar Association's 2015 Pro Bono Publico Award, which honors significant contributions to enhance human dignity through volunteer legal services. 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

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 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