Daniel A. Schnapp

What do you focus on?

I have nearly 20 years of legal and business experience successfully litigating complex intellectual property and commercial cases in federal and state courts and before arbitration tribunals.

Intellectual Property and Media Litigation

I work with clients to help prosecute and defend complex cases involving copyright, trademark, trade dress, defamation, trade secret matters, and theft of intellectual property. I have successfully tried numerous cases as lead trial counsel, including matters involving copyright, trademark, trade dress infringement, and defamation, and take pride in providing cost-efficient strategic advice and courtroom experience.

Art Litigation

I have worked on high-profile art matters including matters involving restitution of stolen art works, disputes over ownership, criminal defense of art market participants, fraud in the sale of fine art, and commercial matters related to art lending.

False Advertising

I advise and represent clients in a variety of false advertising matters including lawsuits instituted by the Federal Trade Commission, matters before the NAD, and defense of class actions alleging fraud and misleading statements in advertising.

Non-Compete and Trade Secrets

I have tried cases and regularly represent clients in cases involving misappropriation and theft of trade secrets and breach of non-compete agreements.

Financial Services Litigation

I represent corporations, banks, hedge funds, alternative investment entities, shareholders, executives and employees in securities fraud, estate and fiduciary litigation including ESOP and ERISA litigation, director’s and officer’s liability claims, post-closing disputes, shareholder and partnership disputes, breach of fiduciary duty claims, corporate governance issues, bankruptcy litigation, and employment-related claims.

Other Complex Commercial Litigation and Class Action Litigation

I have tried and arbitrated complex business matters for both corporate clients and individuals in a variety of substantive areas ranging from merger and acquisition litigation, defense of class actions, injunction proceedings, and closely held company disputes.

Representative Cases

• Lead trial counsel in matter before the United States District Court, S.D.N.Y., in defense of allegations of trademark, trade dress, and copyright infringement; obtained order on behalf of client finding that adversary violated the Stored Communications Act
• Lead counsel in trial before the United States Bankruptcy Court, S.D.N.Y., in defense of allegations of misappropriation of corporate assets; trial resulted in judgment in favor of clients on all counts
• Trial counsel in defense of major international law firm and senior equity partner in defense of defamation and privacy claims
• Representation of record company in matter before the United States Bankruptcy Court, S.D.N.Y., alleging breach of fiduciary duty and mismanagement of company assets
• Representation of famous musician in trademark dispute over the band name “Blackstreet”
• Representation of a major snack food manufacturer in defense of class action claims alleging misleading advertising
• Representation of a telemarketing company in defense of class action claims alleging fraud
• Representation of officers and directors in breach of fiduciary duty claims arising out of an IPO
• Representation of an investment bank regarding an investment banking advisory fee
• Representation of public company in defense of racial and pregnancy discrimination claims
• Defended corporate client in SEC investigation into process of valuing and marketing collateralized debt obligation in connection with sub-prime mortgage loans
• Trial counsel in injunction proceedings arising out of a commercial dispute over the control of a major municipal building
• Trial counsel in arbitration before FINRA in defense of corporate client in matter alleging breach of contract and unjust enrichment regarding investment banking advisory fee
• Representation of a Chapter 7 trustee in asserting claims for equity compensation arising out of dissolution of a 600-member international law firm

What do you see on the horizon?

As the complexity and costs of complex litigation have continued to increase, including the breadth of electronic discovery, in-house counsel and outside counsel will continue to work ever more closely in structuring litigation budgets and communicating consistently to ensure that clients stay apprised of potential developments in large complex commercial cases.

Prior Experience

Before joining Nixon Peabody, Daniel was a shareholder in the New York Office of an AmLaw 100 firm. Daniel also worked in the United States Attorney’s Office, E.D.N.Y., and the Securities Prosecutions and Special Litigation bureaus of the New York State Attorney General’s Office during law school.

Publications and Presentations

• “The Celebrity Paradox: Copyright, Social Media & Paparazzi,“ 28th Annual Fordham IPLJ Symposium: Free Speech in the Modern Age, March 8, 2021
• “How Fashion Companies Can Reduce Litigation Risks and Strengthen Compliance,” New York Law Journal, July 22, 2020
• “An Evening Behind The Curtain of International Art Ownership Claims,” Museum of the City of New York, November 13, 2019
• “Money, Money, Money: How To Control Litigation Budgets,” American Bar Association’s 2019 Section of Litigation & Solo, Small Firm and General Practice Division CLE Conference, New York, NY, May 3, 2019
• “Initial Coin Offerings and SEC Enforcement After Blockvest,” Law360, January 28, 2019
• “Advising Directors and Officers: An Attorney’s Guide,” NBI, Inc., webinar, December 7, 2018
• “Counterfeiting in Our Own Backyard,” New York State Bar Association: Inside, Fall 2016
• “The Experts and Evidence in Case of Mistaken Artistic Identity,” Law360, August 26, 2016
• “Before the Knock on the Door,” New York Law Journal, November 9, 2015
• “Trade Secret Theft and the Rise of the Private Right of Action,” New York Law Journal, April 6, 2015”