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Expertise

Dan is a General Counsel in the Corporate & Commercial section, having retired from the partnership after more than 20 years, many of them spent leading the firm's technology, media and intellectual property practice.

Dan has deep experience advising on all aspects of IT, IP, media and related corporate and regulatory issues, including competition and consumer law, privacy and data governance, broadcasting, defamation and other legislative compliance.

Dan assists clients in these industries with their transactions, contractual negotiations, operational matters and responds to regulator enquiries. This work includes:

  • assisting technology suppliers and their customers with all of their contracting arrangements and regulatory matters (particularly privacy-related issues, including responding to data breaches)
  • advising owners and users of intellectual property on its protection and exploitation from licensing and commercialisation agreements, to management and enforcement of trade mark portfolios
  • acting for producers, financiers and distributors of film, television programs and other content, from the earliest development stage to spin-offs and remakes of global success stories
  • assisting advertising agencies and corporates with the contracting for, and clearance of, advertising and communications campaigns.

Dan also acts for clients in other sectors which are undertaking procurements, branding exercises and other uses of intellectual property and information technology.

Dan is recognised by his peers and is listed in The Best Lawyers in Australia 2014 to 2022 edition as a leading practitioner for:

  • Information Technology Law
  • Entertainment Law
  • Intellectual Property Law.

Dan is also listed as a recommended lawyer in Technology, Media & Telecommunications Law for Victoria by Doyle's Guide.

Experience

Dan has extensive experience in advising on a broad range of commercial, IT and IP issues, including on matters such as:

  • the acquisition and disposal of companies and businesses, corporate structuring and joint ventures
  • the structuring of start-ups, their funding rounds (from seed funding through to liquidity events), and intellectual property protection and development
  • the development, financing, production and distribution of film and television projects, new media and online products, including working on projects such as Seachange, The Nightingale, Hotel Mumbai, Paramedics, Miss Fisher's Murder Mysteries, The Living Room, Bondi Vet, Newton's Law, Jonah from Tonga, Ja'mie Private School Girl, Cloudstreet, Underbelly, Kath & Kim
  • brand development and protection, including copyright, trade marks, domain names and consumer law issues
  • the protection and exploitation of computer software and hardware and the provision of information technology services (including government contracts and outsourcing), and
  • regulatory compliance, including corporations law, copyright, privacy and competition law.

Dan was a founding director of the Australian Centre for the Moving Image, a councillor of Screen Producers Australia, and a director of the Melbourne International Film Festival. 

Dan is currently a director at the National Communications Museum and a Victorian Councillor for the AIIA.

Publications

16 June 2021 - Knowledge

“Prosecco” geographical indication proceeds to registration in Singapore

#Corporate & Commercial Law, #Intellectual Property

In a recent decision on 4 May 2021, the Intellectual Property Office of Singapore (IPOS) found that a geographical indication application for “Prosecco” originating from Italy would be granted, and an opposition by an Australian manufacturer would fail on all grounds.

01 June 2021 - Knowledge

New Food and Beverages Advertising Code bolsters protections for children

#Technology, Media & Telecommunications

From 1 November 2021, advertisers and marketers will need to follow new rules that reduce the opportunity for children to see advertisements promoting occasional food or beverages.

25 May 2021 - Knowledge

Facebook introduces new tools to restrict comments on public posts

#Technology, Media & Telecommunications

Under new measures introduced by Facebook in March this year, media and news companies will now be able to control and restrict who can comment on the public posts they publish on their Facebook pages.

14 April 2021 - Knowledge

Plot twist for feature film offset, while TIF sails on and SVOD still a whodunit

#Technology, Media & Telecommunications

The Government will retain the Producer Offset for theatrical feature films at 40 per cent and extend the Temporary Interruption Fund for six months. However, investment obligations for Subscription Videos on Demand remain unknown.

31 March 2021 - Knowledge

Schrems II: What’s the Australian impact of the GDPR decision?

#Data & Privacy

A recent European Union decision that directly impacts data transfers from the EU to the United States could also affect Australian organisations seeking to transfer personal data from the EU.

03 March 2021 - Knowledge

Privacy Commissioner makes first representative award for non-economic loss following a government data breach

#Data & Privacy

The Privacy Commissioner has confirmed the first financial compensation of its kind for non-economic loss to affected individuals in a representative action against the government’s data breach.

18 November 2020 - Knowledge

Changes to the unfair contract terms regime to significantly expand protections

#Corporate & Commercial Law, #Competition & Consumer Law

Significant changes have been announced to enhance the effectiveness of laws aimed at limiting unfair contract terms used with small businesses.

15 October 2020 - Knowledge

Australian TV’s new remake: Eased content quotas and harmonised producer offset

#Technology, Media & Telecommunications

The government has imposed a number of measures to revamp the Australian television industry under the new federal budget. How will this affect producers and screen agencies?

06 October 2020 - Knowledge

Federal Court spectacle: Oscar Wylee fined $3.5m for its misleading ‘buy a pair, give a pair’ charity claims

#Competition & Consumer Law, #Technology, Media & Telecommunications

We explore the importance of ensuring your marketing claims are accurate and remain accurate, especially where the claims involve charitable causes.

29 September 2020 - Knowledge

IP Australia updates its fees for trade mark applications

#Intellectual Property

From 1 October 2020, IP Australia will increase fees for online and paper trade mark applications and for hearings through phone, video or in person.

29 September 2020 - Knowledge

Personal data fears: Companies lose consumer trust

#Data & Privacy

Australians have lost trust in companies’ handling of personal data, according to a recent Office of the Australian Information Commissioner survey.

28 September 2020 - Knowledge

A picture is worth a thousand words – but what about an emoji?

#Technology, Media & Telecommunications

A recent decision of the District Court of NSW serves as a warning that emojis do have the capacity to contain defamatory imputations.

19 August 2020 - Knowledge

Let’s get back to work – how can Australian producers access the Temporary Interruption Fund?

#Technology, Media & Telecommunications, #Corporate & Commercial Law, #COVID-19

Designed to get the Australian film industry back to work, we take a look at the eligibility requirements for Australian producers seeking to access the Temporary Interruption Fund.

21 July 2020 - Knowledge

Advertising & Marketing Law: Loss of reputation is the real cost of misleading advertising (part 2)

#Technology, Media & Telecommunications

In this second instalment on common issues in advertising, we explore what brands can do to ensure their advertising is not considered misleading and deceptive, and consider the real cost of breaching these laws.

12 May 2020 - Knowledge

Tapping into collaborative procurement during and after COVID-19

#Corporate & Commercial Law, #COVID-19

Collaborative procurement by purchaser groups is a growing practice and involves seeking approval from the ACCC. As COVID-19 rapidly changes many markets, now could be a good time to consider such an arrangement going forward.

08 May 2020 - Knowledge

PAW 2020: Privacy and pivots – be aware of original purpose of collection

#Data & Privacy, #COVID-19

As Privacy Awareness Week occurs this year in the midst of the COVID-19 pandemic, it is opportune to remember the key privacy principle of using personal information for the purposes for which it was collected.

11 February 2020 - Knowledge

California sets new standard for privacy in the US

#Data & Privacy

From the start of this year, the US has a new high water mark for privacy regulation. The California Consumer Privacy Act has come in to effect, and it can apply to entities located outside that state. 

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