Dan’s practice focuses on advertising, product development and distribution, and intellectual property in the technology, fashion & retail, alcohol & beverage, environmental, and consumer products industries. He helps clients understand and mitigate risk as they develop and launch new products and services, expand into new markets, and engage with consumers in-store and online.
In addition to Dan’s IP and advertising practice, Dan has been at the forefront of the metaverse, NFT, and crypto space, drawing on his experience as in-house marketing counsel at Meta Reality Labs (formerly Oculus), where he advised on next generation consumer electronics and AR/VR software products. Dan helps brands and creators understand how to do business in the metaverse, including advice on negotiating NFT minting and service agreements, monetization strategies, and IP protection and enforcement. Dan also helped ArentFox Schiff become the first major law firm to buy land in the metaverse.
Dan advises clients on a variety of advertising and marketing issues, with a focus on highly-regulated industries and technically-advanced products, including:
- Augmented and mixed-reality consumer electronics and software products;
- Brand and consumer protection in the metaverse;
- Environmental advertising claims under the US Federal Trade Commission’s “Green Guides,” including environmental sustainability, recyclability, biodegradability, and compostability claims; the use of renewable energy credits, carbon offsets, and renewable raw materials; and the development of competent and reliable substantiation and verification programs;
- Production, marketing, distribution, and sale of alcoholic beverages, including malt beverages, wine, distilled spirits, and hard seltzers;
- Influencers, endorsements, and testimonials;
- Sweepstakes, contests, and charitable sales promotions;
- Minimum Advertised Price policies; and
- Escheat and abandoned property laws.
Dan has handled numerous successful advertising matters before the National Advertising Division of the Better Business Bureau and the National Advertising Review Board, with a focus on consumer electronics and telecommunications. Among other matters, he helped defend performance claims for OLED display technology and satellite reliability; and successfully challenged the reliability of substantiation for mascara volumizing claims.
As an intellectual property associate, Dan advises clients on trademark and copyright matters. Among other things, he advises clients on intellectual property protection and enforcement online, in the metaverse, and on blockchain platforms. He routinely advises clients on trademark clearance, prosecution, and infringements. In his copyright work, Dan focuses on infringement of digital works, such as streaming video content and copyright in computer software. He has advised clients on blockchain domains, handled several UDRP proceedings, and recovered infringing domain names and social media handles for clients.
Prior to joining ArentFox Schiff, Dan served as legislative correspondent and deputy press secretary in the Office of US Senator Jeanne Shaheen and as the candidate’s scheduler during her successful 2008 campaign.
Publications, Presentations & Recognitions
- Podcast: The Metaverse – The opportunities, and the pitfalls, Legal Insider, May 5, 2022
- Publication: The Un-Real Estate Boom: Buying Property in the Metaverse, The Fashion Law.com, April 22, 2022
Bar & Court Admissions
- Maryland Bar
- District of Columbia Bar
- New York Bar
Georgetown University Law Center, JD, 2013New York University, BA, magna cum laude, 2007