Dan Goldstein’s love of trial work has led to a wide-ranging practice that includes complex commercial matters, high-impact public interest litigation, personal injury, white collar criminal defense, and court appointments to represent defendants charged federally with death-eligible offenses.
Dan’s business litigation has included defending a truck manufacturer in suits by disgruntled dealers, the defense of numerous officers and directors of failed savings and loans, a recovery for limited partners in a franchise who were misled by a franchisor, defense of libel actions, trade secret litigation on behalf of both plaintiffs and defendants, lease covenant disputes for commercial tenants of shopping centers, and business partnership disputes.
As counsel for the National Federation of the Blind, Dan has initiated a national legal campaign to ensure access to technology. His settlement of a class action against Cardtronics, which provides for tens of thousands of voice-guided ATMs, constituted a major step toward making this ubiquitous convenience accessible to the blind. His suit against Target.com set precedent regarding the application of access laws to websites, and his suit against America Online has made AOL accessible to the blind. In litigation from Maryland to Florida, he has helped ensure the right of the blind to vote independently and in secret. This work has gone beyond litigation to partnerships, including the negotiation of joint technology agreements with technology developers such as Amazon.com. In personal injury cases, Dan has secured large verdicts and settlements for victims of medical and legal malpractice, for persons who were criminally assaulted in an unsafe environment, and for persons who were harmed by unsafe pesticide exposure.
A former federal prosecutor, Dan’s criminal practice has included successfully avoiding prosecution for a target of an independent counsel, representing an attorney charged with campaign financing violations, a minister charged with mail fraud, various medical practitioners charged with insurance fraud, as well as persons charged federally with violent crimes.
Authors Guild, Inc. v. HathiTrust — The Second Circuit radically changed for the better the lives of print-disabled Americans, that is, those who cannot readily access printed text, whether because of blindness, arthritis, dyslexia, cerebral palsy, upper spinal cord injury or a host of other conditions. The case arose from the Authors Guild’s challenge to a number of universities allowing Google to scan their entire library collections and, in exchange, getting back a digital copy of those scans, currently more than 11 million titles. The decision by these universities to allow limited access to sighted scholars to get search results from these collections and by the University of Michigan to allow blind and other print-disabled scholars unfettered access to these digital scans was upheld by the Court as a fair use of copyrighted materials.
National Federation of the Blind v. Target Corporation
The plaintiff, National Federation of the Blind (NFB), sued Target Corporation, a national retail chain, claiming that blind people were unable to access much of the information on the defendant's website, nor purchase anything from its website independently.