Daniel J. Barsky
Partner
Overview
Daniel Barsky is an intellectual property attorney in Holland & Knight's Miami office who focuses his practice on intellectual property (IP), information technology (IT) and technology law. He handles complex transactions involving mergers and acquisitions (M&A), private equity transactions, joint ventures, and multinational development and licensing agreements.
Mr. Barsky advises clients on managing patents, trademarks, copyrights, trade secrets and data. His experience includes artificial intelligence (AI), brand licensing, blockchain technology (cryptocurrency and NFTs), software and technology licensing, and pharmaceutical and biotechnology development. He also focuses on maintaining and enforcing IP and technology portfolios, as well as overseeing multinational IP portfolios.
In litigation, Mr. Barsky represents clients nationwide in patent, trademark, trade dress, trade secret and copyright infringement, anti-counterfeiting, unfair competition, false advertising and online fraud cases.
A member of the firm's Emerging Companies and Venture Capital group, Mr. Barsky is involved in South Florida's startup community, helping startups develop, protect, grow, monetize and enforce their IP and business assets. He advises on software licenses, user agreements, privacy policies, brand protection, monetization strategies, blockchain and nonfungible token (NFT) issues.
Mr. Barsky is a registered patent attorney at the U.S. Patent and Trademark Office (USPTO).
Representative Experience
- Advised ClickStream Corp. in the acquisition of Rebel Blockchain Inc. regarding blockchain and nonfungible 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 a non-practicing entity, obtaining a jury verdict in favor of the defense
- Represented a multinational pharmaceutical development and manufacturing company in multiple generic drug patent litigation and antitrust matters
- Obtained an injunction on behalf of a famous Miami-based bar and restaurant in trademark infringement litigation against former business partners 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 a roofing company in obtaining multiple injunctions against trademark infringers
- Served as 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 a brand owner of famous national drinks in licensed manufacture and distributorship contract matters
- Represented one of two joint venturing parties in forming a joint venture to develop medical building technology and forming the intellectual property (IP) licensing arm of the joint venture
- Represented a commercial pool and waterpark constructor in the development, implementation and licensing of innovative software as a service (SaaS) platform in the commercial pool and waterpark industry
- Represent an 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 a 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
Credentials
- University of Miami School of Law, J.D., cum laude
- Bates College, B.S., Biological Chemistry and Economics
- Florida
- 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
- University of Miami School of Law Startup Clinic, Co-Director
- 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
- The Best Lawyers in America guide, Advertising Law, 2025; Privacy and Data Security Law, 2023, 2024
- Florida Legal Elite, Florida Trend magazine, 2021
- 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