Daniel J. Kornstein
Partner

dkornstein@kvwmail.com
(212) 418-8610

Areas of Practice
Dan has an exciting and varied civil litigation practice. For more than 14 years, he has been listed in The Best Lawyers in America in the Business Litigation category, and was selected as a New York Super Lawyer 2006 and 2007. He has conducted over 100 trial-type proceedings (including 20 jury trials) and argued more than 60 appeals.

Dan's clients range from celebrities in the entertainment, publishing and sports world (including numerous well-known actors, producers, writers, editors and photographers), to large corporations, financial institutions and individuals. He has been involved in notable First Amendment cases, as well as substantial antitrust, securities, employment, product liability, family law, and international matters.

In 2001, the Palais Littéraire et Musical (the "Law and Literature Society of France") awarded Dan the prestigious Prix du Palais Littéraire for his writing on Balzac and the Law.

 

Bar Admissions
New York
U.S. District Court, Southern and Eastern Districts of New York
U.S. Court of Appeals, First, Second and Third Circuits
U.S. Tax Court
U.S. Supreme Court

Legal Career
Established Kornstein Veisz Wexler & Pollard, LLP in 1980
Solo Practitioner (1977-1980)
Associate, Baer & McGoldrick, now Schulte Roth & Zabel (1975-1977)
Associate, Paul, Weiss, Rifkind, Wharton & Garrison (1973-1975)

Author/Speaker

Dan has combined a busy law practice with frequent writing and speaking about the law. He has published five non-fiction books, more than a dozen law review articles, and hundreds of essays and book reviews. His work, which has also appeared in the New York Times, Wall Street Journal, Chicago Tribune and Boston Globe, has been cited by a number of courts, including the U.S. Supreme Court.

Author:

Books

Partial Verdicts (Author House, 2008)

The Elsinore Appeal: People v. Hamlet (St. Martin's Press, 1996) (co-author)

"an offbeat intellectual pleasure" -- New York Law Journal

Kill All the Lawyers? Shakespeare's Legal Appeal (Princeton University Press, 1994)

"excellent . . . the distinctive voice of an American lawyer [who] speaks to our era in the polished cadences of an experienced advocate, who is as much at home in the courtroom as in the world of Shakespeare" -- Yale Journal of Law and Humanities


Thinking Under Fire: Courtroom Lawyers and Their Impact on American History
(Dodd Mead, 1987)

"presents a vivid biography of great lawyers . . . as well as delivering with masterful feel the historical significance of the cases each lawyer presented" -- South Bend Tribune

The Music of the Laws (Everest House, 1982)

"a book that deftly and lovingly discusses the law and those who build their careers on it" -- Wall Street Journal

Articles (partial list since 2000)

"English Revolution Redux," New York Law Journal Magazine, Dec. 2007

"Dear Diary . . . " New York Law Journal Magazine, May 2007

"Does Love of Literature Promote International Law?" 12 ILSA Journal of International and Comparative Law 491 (2006)

"The Roberson Privacy Controversy," Journal of the Historical Society of the Courts of the State of New York (Issue No. 4; 2006)

"The Myths of Thane Rosenbaum," 4 Cardozo Public Law, Policy and Ethics Journal 33 (2006)

"No Ruling Without Reading!" New York Law Journal Magazine, Feb. 2006

Review of "Abogado" by Martin Gallin, New York County Lawyer, Dec. 2005

Review of “Into It” by Lawrence Joseph, New York Law Journal, Oct. 21, 2005

“One Nation (Under God) . . .,” New York Law Journal Magazine, Oct. 2005

“Julien Sorel Is Us,” New York Law Journal Magazine, May 2005

"Mark Twain's Evidence," 72 Tennessee Law Review 1 (2005) (on the Shakespeare authorship debate)

Review of "Lincoln at Cooper Union" by Harold Holzer, New York Law Journal, Aug. 10, 2004

"Draft All Barlows," New York Law Journal, June 16, 2004

"The Cardozo Mystery," 75 New York State Bar Journal (No. 4) 47 (2003)

"Abolish Private Schools," New York Law Journal, Dec. 29, 2003

"In Praise of the Solo and Small Firm Practice," New York Law Journal, Nov. 10, 2003 (Special Section)

"Law and Literature -- Louis Begley," New York Law Journal, Oct. 29, 2003

"Is Nepotism Sending the U.S. Back to the Middle Ages?" Baltimore Sun, Oct. 12, 2003

"Easy Reading," New York Law Journal Magazine, June 2003

"Is 'Shyster' Anti-Semitic?" New York Law Journal, May 21, 2003

"William O. Douglas -- An Inspiring, Maddening American," Baltimore Sun, Mar. 16, 2003

"Lawyers Rule," New York Law Journal Magazine, Feb. 2003

Entry on "Literature and Crime," Encyclopedia of Crime & Justice (Macmillan 2d ed. 2002)

"The $1.2 Million That Just Fell Off the Truck," Baltimore Sun, Oct. 13, 2002

"Auchincloss' Talents," New York Law Journal, Oct. 10, 2002

"The Latest Legal Fiction," New York County Lawyer, Apr. 2002

"Mortimer Chose Muse Over Law," New York Law Journal, Apr. 25, 2002

"Commercial Division v. CPLR," New York Law Journal, Mar. 6, 2002

"Putting the Second Commandment in Context," Forward, Jan. 4, 2002

"A Comment on Prof. Halper's Reading of Measure for Measure," 13 Cardozo Studies in Law and Literature 265 (2001)

"Life Imitates Art with Secret Military Tribunals," New York Law Journal, Nov. 28, 2001

"An Unlikely Muse," New York Lawyer, Oct. 2001

"Icons Beget Iconoclasts," American Lawyer, Sept. 2001

"Prague: Breathing 'Reality' Into Law," New York Law Journal, Feb. 15, 2001

"Of Death and Taxes," American Lawyer, Jan. 2001

"He Knew More: Balzac and the Law," 21 Pace Law Review 301 (2000)

"Protect and Defend: High Lawyerly Verisimilitude," Baltimore Sun, Dec. 17. 2000

"Bartleby the Associate," New York Law Journal, Sept. 6, 2000

"Improve Your Writing, Gain a Potent Weapon," New York Law Journal, Sept. 5, 2000 (Special Section)

"Why Are All These Lawyers Setting U.S. Public Policy?" Baltimore Sun, Aug. 13, 2000

Speaker (since 2000)

Panelist, New York County Lawyer's Association (NYCLA) Program on "Libel Tourism" (April 2008)

Panelist, Conference on "Free Speech in an Age of Jihad" sponsored by Foundation for the Defense of Democracies and the New Criterion (April 2008)

Discussion Leader, Program on Measure for Measure at Brooklyn Inn of Court (November 2007)

Discussion Leader, Boston Federalist Society Program on "Shakespeare and the Art of Judging" (June 2007)

Moderator, NYCLA Law & Literature Award Ceremony for Anthony Lewis (May 2007)


Speaker, Joint NYC Bar Association – NYCLA Program on An American Tragedy by Theodore Dreiser (November 2006)

Panelist, 1st Annual Fordham Law Film Festival (October 2006)

Trial Counsel for King Lear, moot court at Cornell Medical School (September 2006)

Moderator, Panels on Plea Bargaining and Attorney-Client Privilege, at Joint Conference with Le Barreau de Lille and NYCLA, Lille, France (October 2005)


Speaker, “International Law and the Humanities” at Program Sponsored by the International Law Association (October 2005)

Appellate counsel for State of Denmark, moot court appeal based on Hamlet at the Shakespeare Society, New York City (November 2004)

Moderator, Program on "So You Want to be a Fiction Writer" (NYCLA) (June 2004)

Speaker, "Mark Twain's Evidence" at Conference on "Who Wrote Shakespeare? An Evidentiary Puzzle," University of Tennessee College of Law (June 2004)

Moderator, Program on "Why Our Legal System Fails to Do What Is Right," Association of the Bar of the City of New York (April 2004)

Faculty Speaker, "Tips for Effective Legal Writing" at NYCLA Continuing Legal Education Program (April 2004)

Moderator, NYCLA Law & Literature Award Ceremony for Louis Begley (October 2003)

Moderator, NYCLA Law & Literature Award Ceremony for Louis Auchincloss (October 2002)

Appellate counsel for State of Denmark, moot court appeal based on Hamlet at Yale Law School (October 2002)

Speaker, CLE program at Yale Law School on "Representing Artists and Entertainers" (October 2002)

Lecture in French, "Balzac and the Law After 9/11: A New York Lawyer's View" at award ceremony at the Palais de Justice in Paris (May 2002)

Counsel in "Pied Piper of Hamelin," moot court at American Bar Association Litigation Section meeting in Phoenix, Arizona (May 2001)

Debated on "The Place of Balzac in the Law and Literature Canon," at Law and Humanities Institute, New York City (April 2001)

Chair of Panel Discussion on The Merchant of Venice at Suffolk Law School, Boston, sponsored by the Federalist Society (February 2001)

Speaker at Program "How To Use Your Legal Background to Launch a Writing Career," sponsored by The Association of the Bar of the City of New York (February 2001)

Lecture, Association France-Amériques in Paris, "Balzac and the Law" (October 2000)

Lecture, Association France-Amériques in Paris, "Balzac and the Law" (June 2000)

Faculty Speaker, "Legal Writing" at NYCLA Continuing Legal Education Program (April 2000)

Faculty Speaker, "Legal Writing for Litigators" at NYCLA Continuing Legal Education Program (February 2000)

Professional Activities and Associations
President, The Law & Humanities Institute (1991-1998)
Adjunct Professor of Law, New York Law School (1988-1996)
(taught course on defamation, privacy and publicity)
Chair, Committee on Law and Literature (1999-present) New York County Lawyers Association
Member, Association of the Bar of the City of New York
Committee on Military Justice/Military Affairs (1975-1978)
Committee on Federal Legislation (1978-1981)
Committee on Lectures and Continuing Education (1982-1985)
Committee on the Profession (1988-1992)
Committee on Women in the Profession (1992-1995)
Member, Supreme Court Historical Society
Member, Federal Bar Council
Member, New York State Bar Association
Member, American Bar Association (Section on Litigation)

Education
J.D., Yale Law School (1973)
Note & Comment Editor, Yale Law Journal

B.S., City College of New York (1968)
Phi Beta Kappa
Honors in Economics
Felix Cohen Prize in Legal Philosophy

Military
U.S. Army, 1969-1971 (draftee), Specialist Fifth Class
Legal Clerk in Staff Judge Advocate's Office, First Armored Division and First Cavalry Division (special assistant to prosecutor in My Lai Massacre court-martial of one of Lt. Calley's platoon sergeants)
Awarded Army Commendation Medal

 

 

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