Dana J. Finberg

Overview

Dana Finberg serves as first-chair trial counsel in all manner of civil litigation. He brings proven skill and favorable outcomes to litigating trade secret, patent, trademark, trade dress, and copyright cases throughout the United States. His practice also encompasses a wide variety of complex civil litigation matters, including breach of contract and business tort cases, class action defense (including in website accessibility cases under the ADA), and Voting Rights Act litigation. Moreover, he defends financial services clients faced with government investigations and complex litigation matters involving federal and state consumer financial statutes and regulations.

In addition to his litigation practice, Dana advises clients on intellectual property licensing and portfolio management. An avid music fan (and enthusiastic but middling guitarist), Dana advises artists and labels on intellectual property and contract issues. He is also involved in the sports industry, actively counseling NIL collectives, universities, businesses, sponsors, and student athletes on legal issues surrounding Name, Image, and Likeness (NIL) opportunities now available to college and high school athletes.

Dana's background and decades of experience inform his unique ability to anticipate opposing counsel's decision patterns and litigate from positions of perceived strength. Dana’s clients and colleagues alike value his talent for distilling complex legal concepts into accessible frameworks that empower informed decision-making. While Dana's record of successes in negotiation, litigation, and trial advocacy speaks volumes, it's his capacity to resolve disputes before they materialize that truly distinguishes his practice.

Honors & Publications

Honors

• AV Peer Review Rated, Martindale-Hubbell
• Best Lawyer, Trade Secrets, The Best Lawyers in America, 2015-2025
• San Francisco's Best Lawyers, Intellectual Property Law, The Recorder, 2011
• Best Lawyer, Intellectual Property, The Best Lawyers in America, 2007-2011
• Northern California Super Lawyer, Intellectual Property, Super Lawyers, 2011-2013, 2016-2020
• Virginia Super Lawyer, Intellectual Property, Super Lawyers, 2007-2010
• Legal Elite, Intellectual Property Litigation, Virginia Business magazine, 2006-2009
• Legal Elite, Civil Litigation, Virginia Business magazine, 2003-2005

 Publications

• Author, “Trade Secrets Offer an End-Around to Patent Ineligibility," The Recorder, August 19, 2014
• Author, "Strategies for Protecting Trade Secrets in the Cloud," Corporate Counsel, February 18, 2014
• Author/Panel Member, “Investigating and Litigating ESI Spoliation Claims in Trade Secret Disputes,” January 18, 2021

News

Professional

• Member, San Francisco Bar Association, 2008 to Present
• Member, Virginia Bar Association, 1992 to Present
• Member, Fourth Circuit Judicial Conference, 1998 to Present