Dan Jasnow
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Dan is a partner at ArentFox Schiff and co-leader of the firm’s AI, Metaverse & Blockchain industry group. With a background in intellectual property and advertising, Dan advises clients in the entertainment, fashion, sports, consumer electronics, and professional services industries on the adoption and use of emerging technologies, including advising on metaverse activations and marketing, the use of generative AI, negotiating NFT and blockchain SaaS agreements, and IP protection and enforcement. He helps clients understand and mitigate risk as they develop and launch new products, expand into new markets, and engage with consumers in-store and online.
Dan has been at the forefront of the AI and metaverse space, drawing on his experience as in-house marketing counsel at Meta Reality Labs, where he advised on next generation consumer electronics and AR/VR software products. Dan serves on the Future of XR Advisory Council Working Group on Interoperability and also helped ArentFox Schiff become the first major law firm to open an office in the metaverse. Dan co-founded and is a proud member of OutFox, ArentFox Schiff’s LGBTQ+ affinity group.
Client Work
Dan advises clients on a variety of advertising and marketing issues, with a focus on highly-regulated industries and technically-advanced products, including:
- Assisting companies in devising company-wide generative AI tools policies to avoid intellectual property and other risks;
- Augmented and mixed-reality consumer electronics and software products;
- Brand and consumer protection in the metaverse;
- Environmental advertising claims under the US Federal Trade Commission’s “Green Guides,” including environmental sustainability, recyclability, biodegradability, and compostability claims; the use of renewable energy credits, carbon offsets, and renewable raw materials; and the development of competent and reliable substantiation and verification programs;
- Production, marketing, distribution, and sale of alcoholic beverages, including malt beverages, wine, distilled spirits, and hard seltzers;
- Influencers, endorsements, and testimonials;
- Sweepstakes, contests, and charitable sales promotions;
- Minimum Advertised Price policies; and
- Escheat and abandoned property laws.
Dan has handled numerous successful advertising matters before the National Advertising Division of the Better Business Bureau and the National Advertising Review Board, with a focus on consumer electronics and telecommunications. Among other matters, he helped defend performance claims for OLED display technology and satellite reliability; and successfully challenged the reliability of substantiation for mascara volumizing claims.
Intellectual Property
Dan advises clients on trademark and copyright matters. Among other things, he advises clients on intellectual property protection and enforcement online, in the metaverse, and on blockchain platforms. He routinely advises clients on trademark clearance, prosecution, and infringements. In his copyright work, Dan focuses on infringement of digital works, such as streaming video content and copyright in computer software. He has advised clients on blockchain domains, handled several UDRP proceedings, and recovered infringing domain names and social media handles for clients.
Previous Work
Prior to joining ArentFox Schiff, Dan served as legislative correspondent and deputy press secretary in the Office of US Senator Jeanne Shaheen and as the candidate’s scheduler during her successful 2008 campaign.
Publications, Presentations & Recognitions
Publications
- How AI is Transforming Fashion and the Law, Retail Leader, October 19, 2023
- Tips For AI-Assisted Coding Amid Open-Source Theft Claims, Law360, July 18, 2023
- Quoted In: ArentFox Schiff Launches Metaverse Enforcement Team, Law360, January 5, 2023
- Quoted In: The FTC Came Gunning for Fortnite. Is the Metaverse Next?, Blockworks, December 22, 2022
- Podcast: Metaverse Lawyer Dan Jasnow Warns About Intellectual Property Law in Web3, The Upland Show, November 22, 2022
- Quoted In: Metaverse Observers Expect ‘Huge Wave Of Litigation’, Law360, October 27, 2022
- Kick Off Metaverse Sports Ventures With Risk Evaluations, Law360, October 17, 2022
- Podcast: The Metaverse – The opportunities, and the pitfalls, Legal Insider, May 5, 2022
- The Un-Real Estate Boom: Buying Property in the Metaverse, The Fashion Law.com, April 22, 2022
Presentations
- “Ankler: AI — Friend or Foe,” The Ankler x Advertising Week New York, Oct. 19, 2023
- “Into The Unkown: AI, Metaverse, and The Practice of Law,” The Honourable Society of the Middle Temple and GW Law, Sep. 20, 2023
- “Intellectual Property Year In Review Conference,” Boston Bar Association, Mar. 23, 2023
- “The View from the Boardroom: How Major Brands Are Navigating Legal and Business Risk in the Metaverse,” Enterprise Metaverse at ITEXPO, Feb. 15, 2023
- “Metaverse, Blockchain, and Web3: The New IP Gold Rush,” Idea Symposium- IP in the Metaverse: Protecting IP Rights in the Virtual World, Concord, NH, Nov. 4, 2022
- “Dispute Resolution at the Forefront: New Tech, Litigation, and Arbitration Across Worlds,” (co-presenter) The Silicon Valley Arbitration and Mediation Center and Florida International University College of Law Roundtable, Miami, FL, Nov. 3, 2022
- “Discovery and Compliance in the Metaverse,” (co-presenter) Relativity Fest, Chicago, IL, Oct. 26, 2022
- “My Avatar’s Gucci Handbag is a Knock-Off!: Intellectual Property in the Creator Economy,” (co-presenter) The Augmented and Virtual Reality Policy Conference, Washington, DC, Sept. 14, 2022
- “NFTs and the Metaverse: At the Intersection of Cryptocurrency, Blockchain, and IP,” (co-presenter) IPWatchdog LIVE 2022, Dallas, TX, Sept. 12, 2022
- “Metaverse & The Future of the Legal Profession,” AIJA 60th International Congress: Rethinking The Law In Four Dimensions, Singapore, Aug. 23, 2022
- “IP Rights in the Metaverse: Use Cases and Key Legal Considerations,” (co-presenter), ABPI 42nd International Congress on Intellectual Property, Sao Paulo, Brazil, Aug. 22, 2022
Recognitions
- Best Lawyers: Ones to Watch, Intellectual Property Law (2024)
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Practices
- International
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Education
Georgetown University Law Center, JD, 2013New York University, BA, magna cum laude, 2007