Daniel Barsky is an intellectual property attorney in Holland & Knight's Miami office. Mr. Barsky regularly represents clients in intellectual property (IP), information technology (IT) and data-related licensing and transactional matters, including mergers and acquisitions (M&A), private equity transactions, joint ventures, and multilateral and multinational licensing agreements.
Mr. Barsky's clients call upon him to navigate complex transactions involving IP, IT and data assets. He assists and advises clients with navigating the complexities of transactions involving intangible assets such as patents, trademarks, copyrights, trade secrets and data, brand licensing and distribution agreements, blockchain technology such as cryptocurrency and non-fungible tokens (NFTs), software and technology licensing agreements, and transition services agreements.
Post-closing, Mr. Barsky assists clients with the maintenance and enforcement of their IP and IT portfolios with an eye towards leveraging those portfolios to drive revenue and growth. Mr. Barsky oversees, coordinates and maintains multinational trademark portfolios encompassing thousands of marks registered in more than 100 countries, including the monitoring and enforcement of the portfolios, as well as multinational, anti-counterfeiting activities.
In addition to his transactional and counseling work, Mr. Barsky maintains an active, nationwide IP and IT litigation practice and has represented clients in patent infringement, trademark infringement, anti-counterfeiting, unfair competition, copyright infringement and trade secret theft matters, as well as information technology, data privacy, cyberfraud, data breach and hacking matters, and responses thereto.
Mr. Barsky is an active force and thought leader in South Florida's entrepreneurial and startup community. He regularly represents startup and new business ventures and has helped multiple startups develop, protect, grow, monetize and enforce their IP and other business assets. His work with startups and entrepreneurs includes advising on software license agreements, user agreements, privacy policies, brand clearance, brand protection and monetization strategies, blockchain and NFT questions, and IP registration.
Outside of his law practice, Mr. Barsky helped form, and is a former board member of, Tech Lauderdale, which promotes the growth, connectivity and awareness of the thriving technology ecosystem in Greater Fort Lauderdale and throughout South Florida.
Additionally, Mr. Barsky is an adjunct professor at the University of Miami School of Law where he teaches patent litigation and the university's Startup Practicum, and is the university's faculty supervisor for the U.S. Patent and Trademark Office's (USPTO) Law School Clinic Program. In his various roles at the university, Mr. Barsky works with students and clients in the university's startup practicum to foster the development of the South Florida startup and entrepreneurial community and the professionals that are needed to serve and grow that community.
Mr. Barsky is a registered patent attorney with the USPTO and regularly prosecutes patents, trademarks and copyrights for clients.
- Advised ClickStream Corp. in acquisition of Rebel Blockchain Inc. regarding blockchain and non-fungible token (NFT) matters
- Advised Global Nephrology Solutions (GNS), one of the nation's leading physician-led nephrology organizations, regarding intellectual property (IP), information technology (IT) and data privacy matters in connection with its strategic investment from Audax Private Equity
- Advised Greenbriar Equity Group L.P. and its portfolio company Electrical Source Holdings, a leading specialty distributor of critical power components, regarding IP, IT and data privacy matters in connection with numerous acquisitions
- Advised Attain, LLC regarding IP, IT and data privacy matters in connection with the sale of its federal division to Maximus, a leading provider of government services worldwide, for $430 million
- Advised SkyNight Capital, a San Francisco-based private equity firm regarding IP, IT and data privacy matters in connection with its substantial investment in NearU Services, a leading home services platform for essential maintenance, repair and replacement services
- Advised private equity fund regarding IP, IT and data privacy matters in connection with the acquisition of a compounding pharmacy
- Represented three global timeshare companies in separate multi-year, nationwide strategic litigations against numerous timeshare exit companies for false advertising and unfair competition, among other actions
- Defended a technology and app startup in patent litigation brought by non-practicing entity, obtaining a jury verdict in favor of the defense
- Represented multinational pharmaceutical development and manufacturing company in multiple generic drug patent litigation and antitrust matters
- Obtained injunction on behalf of famous Miami-based bar and restaurant in trademark infringement litigation against former partners in the business who opened a copycat bar and restaurant
- Represented a world-famous Miami Beach luxury hotel in multiple enforcement proceedings against infringers and counterfeiters in the short-term rental industry, removing infringers and counterfeiters from the marketplace
- Represented roofing company in obtaining multiple injunctions against trademark infringers
- Lead outside counsel for USPA Global Licensing Inc., advising on the maintenance, licensing, and enforcement of its brands totaling more than $1.7 billion in global sales across 180 countries, 1,100 global retail stores, and a portfolio of more than 1,000 marks
- Represent brand owner of famous national drinks brand in licensed manufacture and distributorship contract matters
- Represented one of two joint venturing parties in forming joint venture to develop medical building technology and forming intellectual property (IP) licensing arm of the joint venture
- Represented commercial pool and waterpark constructor in development, implementation, and licensing of innovative software as a service (SaaS) platform in the commercial pool and waterpark industry
- Represent Orlando, Florida-area resort in the maintenance, enforcement and licensing of its trademark portfolio to add revenue streams for the resort while protecting the resort brand from short term rental operators
- Represented roofing company in the growth, maintenance, and enforcement of its IP portfolio
- Advised a world-famous Miami Beach hotel and bar regarding the protection, maintenance, licensing and enforcement of its IP assets
- University of Miami School of Law, J.D., cum laude
- Bates College, B.S., Biological Chemistry and Economics
- U.S. District Court for the Southern District of Florida
- U.S. Bankruptcy Court for the Southern District of Florida
- U.S. District Court for the Middle District of Florida
- U.S. District Court for the Eastern District of Michigan
- U.S. Patent and Trademark Office
- American Chemical Society, Fellow
- International Trademark Association, Academic Committee
- Fourth District Court of Appeals, 50th Anniversary Committee, Secretary
- Center for Creative Education, Board of Directors and General Counsel
- Gulfstream Goodwill Industries, Treasurer, 2020-Present; Secretary, 2012-2013
- Bates College Alumni Council
- Broward Workshop Technology Committee, Former Vice Chair
- TechLauderdale, Co-Founder and Former Board Member
- Palm Beach County Bar Association, Young Lawyers Division, Former Board of Directors
- B'Nai B'Rith Justice Junit #5207, Former Board of Directors
- Rising Star, Florida Super Lawyers magazine, 2010, 2011, 2013-2020
- Top Lawyers – Intellectual Property, Palm Beach Illustrated, 2018
- On the Rise Award, Daily Business Review, 2017
- Most Effective Litigators Award, Finalist, Daily Business Review, 2017