Jay McDaniel

Jay McDaniel, Esq.
Jay McDaniel, Esq.

The Business Divorce Lawyer

Jay McDaniel has practiced in the areas of commercial and business litigation, including corporate, limited liability company and partnership disputes since 1991. He is also an experienced copyright and trademark litigator and often brings these skills to bear for his corporate litigation clients.  


Business Divorce Attorney in New York and New Jersey

As counsel for closely held companies and their principals Mr. McDaniel has guided closely businesses through the process of reorganization or dissolution for nearly two decades.  He is an experienced litigator in corporate governance matters with a solid foundation in the legal, financial and valuation issues that commonly are involved when litigation cannot be avoided.  He has brought dozens of business divorces to successful conclusion, whether through negotiation or litigation.

In addition to acting as counsel for one of the parties in a business divorce, Mr. McDaniel also serves as a special consultant or mediator to closely-held businesses involved in a business governance dispute or succession planning.  As special consultant, Mr. McDaniel conducts the factual investigation and guides the parties to a solution that protects the business investment and preserves the resources of the parties.

 

Copyright, Trademark and Trade Secret Litigation

For nearly two decades, Mr. McDaniel has litigated copyright, trademark and trade secrets matter for a variety of privately and publicly held businesses.  He was lead counsel in Brownstein v. Lindsay before the Third Circuit Court of Appeals, the precedent-setting case involving the rights of co-authors of copyrighted software and appears regularly in the federal and state courts on New York and New Jersey.

Mr. McDaniel’s intellectual property practice has focused on the digital arena.  He represents owners of software, e-commerce operations, music and video properties in cases involving the use and exploitation of intellectual property.  Mr. McDaniel also has significant experience in representing rights holders in the fashion and textiles industries.

Areas of Practice

  • Business Divorce
  • Oppressed Minority Shareholder Litigation
  • Limited Liability Company Litigation
  • Judicial Dissolution
  • Termination of Officers, Directors and Managers
  • Copyright and Trademark Litigation
  • Commercial Litigation
  • Chancery Practice

Bar Admissions

  • New York
  • New Jersey
  • U.S. District Court District of New Jersey
  • U.S. District Court Eastern District of New York
  • U.S. District Court Southern District of New York
  • U.S. Court of Appeals 2nd Circuit
  • U.S. Court of Appeals 3rd Circuit
  • U.S. Supreme Court

 Education

  • Rutgers, The State University of New Jersey School of Law – Newark, Newark, New Jersey
    • J.D., 1991
    • Honors: Order of the Coif
    • Law Journal: Rutgers Journal of Computer and Technology Law, Articles Editor
    • Rutgers Legal Research Associate
    • Constitutional Law Research Assistant to Dean John Payne
  • Rutgers University, New Brunswick, New Jersey

Past Employment Positions

  • Porzio Bromberg & Newman, Principal, 1995 – 2005
  • Weil, Gotshal & Manges, Associate, 1992 – 1995
  • Union County Prosecutor’s Office, Investigator, 1991-1992
  • The Star-Ledger, Staff Writer, 1986-1990