Representative Cases
Smith v. 2328 University Avenue Corp., 52 A.D.3d 216, 859 N.Y.S.2d 71 (1st Dep't June 3, 2008). On appeal Dan and colleagues Mark Platt and Emily Rosdeitcher won complete dismissal of a theory-testing products liability suit against NL Industries, Inc., a leading paint pigment manufacturer.

Stern v. Burkle, N.Y.L.J., July 7, 2008, at 18 col. 1 (Sup. Ct. N.Y. Co.). Dan and colleague Mark Platt were local counsel for former President Bill Clinton and Senator Hillary Clinton in a successful effort to dismiss a defamation suit by N.Y. Post former gossip reporter Jared Paul Stern.

Ehrenfeld v. Mahfouz, 489 F.3d 542 (2d Cir. 2007). In this "libel tourism" case, which the Financial Times called "perhaps the highest profile case of the past few years," Dan and colleagues Mark Platt and Mikaela McDermott won right to certification by New York Court of Appeals of personal jurisdiction issue in a case where we represent an American author suing in federal court to declare an English default libel judgment unenforceable under U.S. law. Although the New York Court of Appeals denied jurisdiction based on the language of New York's long arm statute, it invited the state legislature to change the law. 9 N.Y.3d 501, 851 N.Y.S.2d 381 (2007). The legislature promptly responded by unanimously passing the Libel Terrorism Protection Act to provide such personal jurisdiction.

Dworin v. Deutsch Inc., (S.D.N.Y. Feb. 21, 2008). Dan and colleague Emily Rosdeitcher won dismissal of defamation claims against an advertising agency.

Fresh Del Monte Produce N.V. v. Eastbrook Caribe A.V.V., 40 A.D.3d 415, 836 N.Y.S.2d 160 (1st Dep't 2007). Dan and colleague Daniel Cohen won reversal of $9.5 million judgment involving an indemnity agreement. 44 A.D.3d 551, 845 N.Y.S.2d 7 (1st Dep't 2007). They also won reversal granting summary judgment dismissing a claim for $4.6 million.

Weprin v. The Council of the City of New York, 2007 WL 726788 (Sup. Ct. N.Y. Co. 2007). Dan and colleague Kathrine Mortensen won a case nullifying a decision by the New York City Council denying our client a license for a sidewalk café.

Aksman v. Ju, 799 N.Y.S.2d 493 (1st Dep't 2005). Dan and colleague Mark Platt won an appeal dismissing a $20 million breach of contract suit regarding a securities trading joint venture.

Carter-Clark v. Random House, Inc., 2002 WL 31748573 (Sup. Ct. N.Y. Co. 2002). Dan was local counsel for former President Bill Clinton in a successful effort to quash a deposition subpoena in a libel case arising from the book Primary Colors by Joe Klein.

Vanessa Redgrave v. Boston Symphony Orchestra, Inc, 557 F. Supp. 230 (D. Mass. 1983) (denying motion to dismiss); 602 F. Supp. 1189 (D. Mass. 1985) (ruling on post-trial motion); 855 F.2d 888 (1st Cir. 1988); 399 Mass. 93, 502 N.E.2d 1375 (1987) (answering certified question). Dan and Marvin Wexler represented this well-known actress whose contractual engagement was canceled by the Boston Symphony Orchestra because of her political views. A highly publicized three-week jury trial resulted in substantial damages for breach of contract. Controversial appeals interpreted the scope of the Massachusetts civil rights law.

DePuy Inc. v. Biomedical Engineering Trust, 216 F. Supp. 2d 358 (D.N.J. 2001). Dan was co-trial counsel in this patent contract case involving artificial knees in which the client won a jury verdict for $25 million in damages and $10 million in interest. The verdict was affirmed. 33 F. App'x 35, 2002, WL 716919 (3d Cir. 2002). The judgment was paid in full.

MacDonald v. McGinniss, (C.D. Cal. 1987). Dan and colleague Mark Platt represented Joe McGinniss, author of the true crime classic Fatal Vision, in a high profile, hidden libel suit brought by triple murderer Jeffrey MacDonald. This case was the subject of Janet Malcolm's book The Journalist and The Murderer. A seven-week jury trial resulted in a hung jury, and the case was later settled for the same sum offered to MacDonald before trial by the publisher's insurer. According to a 1988 article in The American Lawyer about the trial, "Kornstein, an experienced trial lawyer, was not about to let MacDonald elicit unwarranted sympathy from the jury. In an incisive and at times devastating cross-examination, [Kornstein] would pick apart MacDonald's complaints about the book." In a related case, McGinniss v. Employers Reinsurance Corp, 648 F. Supp. 1263 (S.D.N.Y. 1986), Dan won summary judgment declaring that the publisher's insurer had to pay for the defense of MacDonald's suit.

Finkelstein v. Wachtel, 2003 WL 1918309 (S.D.N.Y. 2003). Dan was retained shortly before trial by a lawyer and his law firm who were defendants in a suit for various business tort claims seeking millions of dollars by a former CEO of a company. A trial in federal court resulted in a hung jury. Our post-trial motion won complete dismissal of all claims.

State of Romania v. Former King Michael, (Sup. Ct. N.Y. Co. 1994), aff'd, 212 A.D.2d 422, 622 N.Y.S.2d 704 (1st Dep't 1995). Dan and colleague Emily Rosdeitcher successfully represented the exiled ruler of Romania in obtaining early dismissal of a suit by the Romanian government alleging wrongful taking of $500 million of national art work.

Kirk Douglas v. Unisys, (S.D.N.Y. 1989). Dan represented a Hollywood star in a breach of contract case arising out of the actor's role as a corporate spokesperson. The case settled at trial.

Burstin Investors, Inc. v. K.N. Investors Ltd., (Sup. Ct. Dutchess Co. 1996), aff'd, 239 A.D.2d 376, 657 N.Y.S.2d 743 (2d Dep't 1997). Dan represented a limited partner in a dispute with the general partner of a real estate limited partnership. A two-week bench trial resulted in a $8.2 million judgment in our client's favor, which was upheld on appeal and collected in full.

Shanghai Join Buy Co., Ltd. v. PSTEX Group, Inc., (S.D.N.Y. 2004). Dan, representing a Chinese clothing manufacturer in a breach of contract case, won summary judgment for $2.9 million, and then won summary judgment to pierce the corporate veil of the defendant corporation to obtain judgment against the principal.

Soanes v. Empire Blue Cross and Blue Shield, 970 F. Supp. 230 (S.D.N.Y. 1997). Dan and Kevin Fee were retained to defend a state court action seeking to compel our client (an insurer) to pay health benefits to alleged union members. We removed the case to federal court, commenced a civil RICO impleader action, won a $26 million judgment in our client's favor, and obtained a criminal referral by the trial court that resulted in the criminal conviction of the mastermind of the fraud. U.S. v. Sprei, 145 F.3d 528 (2d Cir. 1998).

Geisler v. Petrocelli, 616 F.2d 636 (2d Cir. 1980). In this important libel case, Dan won reversal of the district court's dismissal of a complaint based on a defamatory description of a character with the same name as plaintiff in a novel written by a co-worker of plaintiff. The appellate decision established the test for libel in fiction: whether reasonable readers can associate plaintiff with the fictional character.

Ambook v. Time, Inc., 612 F.2d 604 (2d Cir. 1979). In this leading antitrust case involving media advertising, Dan, up alone as a solo practitioner against several of the biggest and most prestigious law firms in New York, won a huge victory on appeal, reversing summary judgment against the plaintiff (Dan's client). Judge Henry Friendly, in a landmark opinion, analyzed the standards for summary judgment in a Sherman Act § 1 conspiracy case, held that those standards were not met, and remanded the case, which then led to a settlement.

Wilford Brimley v. Hardees, (S.D.N.Y. 1995). Representing the plaintiff, a well-known actor, in a look-alike, sound-alike case against a fast food company and its advertising agency, Dan conducted a jury trial for several days. While the jury was deliberating, the case settled.