Editorial Board   

Mr. Brown

Dan Brown

Partner, Sheppard Mullin Richter & Hampton LLP

Daniel Brown is a Partner in the Antitrust practice group and Hospitality group at Sheppard Mullin Richter & Hampton LLP. He is located in the firm's New York office. Mr. Brown regularly counsels clients in high stakes, complex, commercial litigations and arbitrations in the areas of contract, hospitality, antitrust, fraud, fiduciary duties, banking, employment, and discrimination. Mr. Brown has frequently appeared in federal and state courts in New York and in other jurisdictions pro hac vice, and has successfully argued cases before the Appellate Division, First Department, and Second Circuit Court of Appeals. He successfully argued an appeal before the Second Circuit Court of Appeals in Blue Tree Hotels Investment Canada) Ltd. v. Starwood Hotels & Resorts Worldwide, Inc., 369 F.3d 212 (2d Cir. 2004), which resulted in the dismissal of alleged antitrust violations against the defendants arising from purported violations of the Robinson-Patman Act. Mr. Brown was lead counsel for Plaintiffs in Hall v. New York Roadrunners Club, 99-Civ.-4122 (E.D.N.Y.), a lawsuit brought under the Americans With Disabilities Act in connection with the running of the New York City Marathon. The historic settlement of that lawsuit included equal treatment for wheelchair athletes in the largest spectator event in the world. Mr. Brown has made significant contributions to cases that have been reported in the New York Law Journal, New York Times, and Wall Street Journal. Mr. Brown has also appeared on CNN, NBC and Court TV. Mr. Brown has presented at hospitality and other Continuing Legal Education conferences. He was previously a partner in the law firm of Bickel & Brewer.

Mr. Brown can be contacted at 212-332-3879 or dlbrown@sheppardmullin.com

Coming up in December 2019...

Hotel Law: A Labor Crisis and Cyber Security

According to a recent study, the hospitality industry accounted for 2.9 trillion dollars in sales and in the U.S. alone, was responsible for 1 in 9 jobs. In an industry of that scope and dimension, legal issues touch every aspect of a hotel's operation, and legal services are required in order to conform to all prevailing laws and regulations. Though not all hotels face the same issues, there are some industry-wide subjects that are of concern more broadly. One of those matters is the issue of immigration and how it affects the ability of hotels to recruit qualified employees. The hotel industry is currently facing a labor crisis; the U.S. Labor Department estimates that there are 600,000 unfilled jobs in the industry. Part of the problem contributing to this labor shortage is the lack of H2B visas for low-skilled workers, combined with the difficulty in obtaining J-1 visas for temporary workers. Because comprehensive immigration reform is not being addressed politically, hotel managers expect things are going to get worse before they get better. Corporate cyber security is another major legal issue the industry must address. Hotels are under enormous pressure in this area given the large volume of customer financial transactions they handle daily. Recently, a federal court ruled that the Federal Trade Commission had the power to regulate corporate cyber security, so it is incumbent on hotels to establish data security programs in order to prevent data breaches. The lack of such programs could cause hotels to face legal threats from government agencies, class action lawsuits, and damage to their brand image if a data breach should occur. These are just two of the critical issues that the December issue of Hotel Business Review will examine in the area of hotel law.