Al Daniel has substantial experience in copyrights, trademarks, entertainment-related matters, including theater, film, television, music, photography, artists’ rights, and commercial law, primarily as litigator in trial and appellate courts and in arbitration, including submission of amicus briefs in appellate courts. He served as an appellate attorney with the United States Department of Justice, Appellate Staff, Civil Division, in Washington, D.C., where he drafted briefs on a broad range of issues, presented oral arguments in more than 40 cases in all federal courts of appeals, and drafted briefs and petitions with the Solicitor General’s Office for cases before the Supreme Court of the United States. After moving to New York City, he served in the International Trade Field Office of the Justice Department where he tried customs and trade cases in the United States Court of International Trade and briefed and argued appeals in the Federal Circuit Court of Appeals.

Mr. Daniel’s clients have included theatrical producers, playwrights, authors, composers and performing artists, independent film producers, literary and photo agencies in copyright, trademark, and contract disputes, as well as a New York area drug store chain in commercial cases.

EMPLOYMENT

• Cowan, DeBaets, Abrahams & Sheppard LLP, Partner 2002 - present
• Daniel, Seigel & Bimbler LLP, NYC 2000 - 2002 (merged with Cowan, DeBaets)
• Frankel & Abrams, NYC 1993 - 1996
• Freeman, Wasserman & Schneider 1990 - 1991
• Cowan, Liebowitz & Latman, Special Counsel 1991
• International Trade Field Office, Civil Division, U.S. Department of Justice, NYC 1988 - 2000
• Appellate Staff, Civil Division, U.S. Department of Justice, Washington, D.C. 1978 - 1988

BAR ADMISSIONS

New York (1989), District of Columbia (1973), Arkansas (1970), Supreme Court of the United States, all United States Courts of Appeals (except 5th, 6th, & 11th), United States District Courts, S.D.N.Y, E.D.N.Y., D.D.C., and E.D. Ark.

EDUCATION

• New York University, LL.M., Trade Regulation, 1993 (private international law and intellectual property)
• University of Arkansas School of Law, Fayetteville, J.D., 1970, Honors: Ark. Law Review; University Scholarships
• University of Arkansas, Fayetteville, B.A., English Literature, 1965, Honors: University Scholarship

PUBLICATIONS

• “Tenth Circuit Holds That Section of Uruguay Round Agreements Act Which Restored Certain Foreign Copyrights in the U.S. Does Not Violate First Amendment”, MLRC Media Law Letter 33 (August 2010)
• Copyright Appeals, Chapter for Advanced Seminar on Copyright Law 2009 (PLI April 2009)
• “‘We Thought We Had a Deal’‚ -- Supreme Court Hears Arguments Whether Section 411(a) of the Copyright Act is Jurisdictional”, MLRC Media Law Letter 12 (October 2009) (co-author with Toby M.J. Butterfield)
• “DVR System Not a Direct Infringement of Content Owners’ Copyrights: ‘Who’s Doing the Copying?,’” MLRC Media Law Letter 35 (August 2008) (co-author with Toby M.J. Butterfield)
• “Imperative Strategies for Protecting Intangible Assets: The Domestic Market”, Chapter 5, The New Role of Intellectual Property in Commercial Transactions (M. Simensky & L. Bryer, eds., publ., John Wiley & Sons, 1994)
• “Intellectual Property in the Uruguay Round: The Dunkel Draft and a Comparison of United States Intellectual Property Rights, Remedies, and Border Measures”, 25 N.Y.U. J. of Int’l Law and Politics 751 (1993)
• “Agricultural Reform: The European Community, The Uruguay Round, and International Dispute Resolution”, 46 Ark. L. Rev. 873 (1993)

ASSOCIATIONS AND ACTIVITIES

• City Bar Committee on Copyright and Literary Property (2010-2013, 1998-2001, 1994-1997)
• Arkansas Bar Association
• Media Law Resource Center
• National Academy of Recording Arts & Sciences, Member
• The Collegiate Chorale, Singing Member, Governing Committee (2000-present), Board of Directors (1989-2000)
• Abingdon Theatre Company, Board of Directors (1994-1998)

NOTABLE CASES

• Cable News Network, Inc. v. CSC Holdings, Inc. and Cablevision Systems Corp., Brief Amicus Curiae for The Picture Archive Council et al., in Support of the Petition for a Writ of Certiorari, No. 08-448, filed November 5, 2008 (copyright infringement)
• USA v. ASCAP, 09-0539-cv(L) et al. (2d Cir., Sept. 28, 2010), Brief for Amicus Curiae The Society of Composers, Authors and Music Publishers of Canada in support of appellant ASCAP (pet. for reh’g pending) (whether music downloads are public performances under Copyright Act)
• Itar-Tass Russian News Agency v. Russian Kurier, Inc., 140 F.3d 442 (2d Cir. 1998) (supplemental jurisdiction, attorney’s fees, and charging lien), counsel for plaintiffs on merits in district court
• USA v. ASCAP, (S.D.N.Y.), Brief for Amicus Curiae The Society of Composers, Authors and Music Publishers of Canada in support of ASCAP (whether music downloads are public performances under Copyright Act)
• Integrative Nutrition, Inc. v. Academy of Healing Nutrition, 476 F.Supp.2d 291 (S.D.N.Y. 2007) (partial dismissal of plaintiff’s claims as preempted by Copyright Act)
• Knight v. Abaca Press et al., 04 Civ. 4299 (S.D.N.Y.) (copyright infringement claim re photo of Britney Spears’ husband #1 against photo agency; favorable settlement)
• Bueno v. Dance Perspectives Foundation Inc., 2004 U.S. Dist. LEXIS 2287 (S.D.N.Y. Feb. 18, 2004) (co-counsel for plaintiffs in Lanham Act claim for unauthorized use of family name and literary prize; permanent injunction against use of name, compensatory and punitive damages after jury trial); Bueno v. Dance Perspectives Foundation Inc., 71 U.S.P.Q.2d 1951 (S.D.N.Y. July 30, 2004) (attorney’s fees of $95,000 awarded to plaintiffs under Lanham Act, state statute, and bad faith exception)
• Drogin v. Kensington Publishing Corp., 03 Civ. 0599 (S.D.N.Y.) (co-counsel for plaintiff, Lanham Act claim unauthorized use of plaintiff author’s pseudonym used in best-selling books without authorization on earlier works; favorable settlement)
• Random House, Inc. v. Rosetta Books LLC, 150 F. Supp. 613 (S.D.N.Y. 2001) (local counsel for defendant) (plaintiff’s motion for preliminary injunction on copyright infringement claim against electronic book publisher denied), aff’d, 283 F.3d 490 (2d Cir. 2002)
• Patel v. Pandya, 00 Civ. 7241 (S.D.N.Y.) (counsel for plaintiff filmmaker in Lanham Act claim to enjoin use of confusingly similar film title; favorable settlement)
• PGI, Inc. v. Dickson and Driesen, (E.D. Va.) and Dickson v. PGI, Inc., 00 Civ. 6101 (S.D.N.Y.) (counsel for principals of Ray Bloch Productions, corporate and media production company in actions with acquiring company for breach of contract, Lanham Act violations, et al.; favorable settlement)
• Rupert Holmes v. Kurtz, 99 Civ. 3982 (S.D.N.Y.) (counsel for plaintiff composer, performer, Tony-winning playwright, and novelist in action against former attorney/manager regarding rights and royalties in plaintiff’s many compositions and literary works; favorable settlement).