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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 Best Lawyers as a leading practitioner for:

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

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.

Publications

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. 

27 August 2019 - Knowledge

IP contracts must clear new competition hurdles

#Competition & Consumer Law, #Intellectual Property

There are only weeks left before important changes to the long-standing intellectual property exemption from restrictive trade practices come into effect. The latest update from the ACCC outlines the red flags to consider now.

30 July 2019 - Knowledge

Watchdog to clamp down on digital giants

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

Australia’s consumer watchdog has called on the Federal Government to rein in the significant market power of digital media giants, Google and Facebook in its Digital Platforms Inquiry final report released on 26 July 2019.

28 May 2019 - Knowledge

Is your business ready to adopt Artificial Intelligence?

#Technology, Media & Telecommunications

As artificial intelligence regulation develops, businesses entering AI contracts must confront legal and ethical considerations head on. Currently, a range of AI governance frameworks are being rolled out. Last month CSIRO’s Data61 released a discussion paper on AI, which included a proposed ethics framework.

20 May 2019 - Knowledge

Heavy penalties for Consumer Law breach: ACCC v We Buy Houses

#Competition & Consumer Law

A recent $12 million fine for misleading and deceptive conduct marks a record increase in penalties under Australian Consumer Law.

07 May 2019 - Knowledge

New whistleblower protections – are you ready?

#Corporate & Commercial Law, #Workplace Relations & Safety

New whistleblower legislation will significantly expand protection for ‘eligible whistleblowers’ who report wrongdoing in the corporate sphere. The legislation also provides deadlines for certain companies to have a Whistleblower Policy in place, with significant penalties for non-compliance.

19 March 2019 - Knowledge

Intellectual property exemption from competition laws repeal looms

#Intellectual Property, #Competition & Consumer Law

Businesses that assign or license intellectual property (IP) rights will soon have to comply with further competition laws under the Competition and Consumer Act 2010 (Act).

18 March 2019 - Knowledge

R&D tax incentive crackdown

#Intellectual Property

Recent government guidance has clarified research and development tax incentive requirements.

12 February 2019 - Knowledge

Delays to implementation of Australia’s open banking regime

#Data & Privacy

The open banking regime that was set to commence in July 2019 promoting transparency and allowing data sharing for consumers, has been delayed by a further eight months to allow for testing.

31 January 2019 - Knowledge

McDonald’s loses Big Mac trademark fight

#Intellectual Property

A recent decision against McDonald’s confirms that sufficient evidence is needed to win trademark disputes.

31 January 2019 - Knowledge

ACCC moves to approve tobacco-free certification trademark

#Competition & Consumer Law, #Intellectual Property

The ACCC has moved to allow an Australian-based charity to register certification trademarks that show that financial institutions’ and fund managers’ investments are tobacco-free.

21 January 2019 - Knowledge

72 hours and counting… New APRA standard sets timeframe for notification of material info security incidents

#Data & Privacy

The content of a recently released APRA CPS Standard (Standard) which will apply from 1 July 2019 broadens the obligations of APRA-regulated entities beyond other cybersecurity obligations, including relevant provisions in the Privacy Act 1988 (Cth).

15 January 2019 - Knowledge

New year sees changes to the duration of copyright

#Intellectual Property

As we head into 2019, creators should be aware of recent changes to the duration of copyright protection in Australia, primarily with respect to unpublished works.

12 December 2018 - Knowledge

Exemption for intellectual property rights from competition laws set to end

#Competition & Consumer Law

Businesses that assign or license intellectual property (IP) rights will soon have to consider extra competition laws under the Competition and Consumer Act 2010.

25 September 2018 - Knowledge

Refund policies punted: ACCC investigation forces AFL/ NRL clubs to re-think returns on merchandise

#Competition & Consumer Law

As 21 AFL and NRL clubs revise their refunds and returns policies, the ACCC gives broader insight into what restrictions are considered to be inconsistent with consumer rights.

29 August 2018 - Knowledge

No merit in manipulating TripAdvisor reviews: $3 million fine issued by court

#Competition & Consumer Law

The $3 million fine issued to Meriton this month by the Federal Court might be a wake-up call to other businesses to consider their management and interaction with online review websites.

08 August 2018 - Knowledge

Defamation development: Comments on social media increase the scope of potential liability

#Technology, Media & Telecommunications

In a significant development in defamation law, the District Court of South Australia has held that a person can be held liable for the defamatory comments made by other social media users following that person’s original social media pos

02 July 2018 - Knowledge

Holding Redlich's expert guide to the new financial year 2018/2019

#Competition & Consumer Law, #Corporate & Commercial Law, #Immigration Law, #Planning, Environment & Sustainability, #Property & Real Estate, #Transport, Shipping & Logistics, #Workplace Relations & Safety, #Construction & Infrastructure

The new financial year has brought some important changes. Our experts outline what you need to know...