Daniel Scardino
Daniel Scardino, Partner
Daniel Scardino began his legal career in the corporate mergers and acquisitions practice group of a large law firm, where he focused on intellectual property transactions and began to appreciate the value of intangible assets. After years structuring and successfully negotiating intellectual property transactions with universities, foundations, the federal government, traditional and digital music companies, communications companies, and interactive media and technology companies, Daniel was invited to join a team representing clients in various lawsuits related to intellectual property assets, including music publishing and royalty disputes, unfair competition, and trademark disputes. He also worked on cases involving First Amendment issues, defending his media clients against allegations of defamation and libel. A turning point came when Daniel successfully represented a small, Austin-based manufacturer of rock climbing and fall protection equipment in a trademark and patent infringement lawsuit against its former exclusive distribution partner, who had knocked off his client’s products and used his client’s brand name to push the knock-offs through the same distribution channels. A favorable settlement in that case saved his client’s business, which continues to grow and prosper today.
Success in the courtroom ultimately led Daniel to devote the bulk of his practice to federal court intellectual property and First Amendment litigation. In 2010, Daniel founded Reed & Scardino, LLP, where he oversaw 35 lawyers and dozens of staff and managed day-to-day operations while also maintaining an active federal court case docket, acting as lead lawyer in more than three dozen patent lawsuits pending in Texas, Delaware, Georgia, California, and Puerto Rico. Daniel secured two of the top jury verdicts in Texas in 2014, including a victory in federal court against Apple in which the client was awarded nearly $25,000,000.
Daniel and his wife, Gretchen, formed Scardino LLP in 2018. Today, Daniel continues to represent clients in patent litigation matters, and also represents select family offices and high net worth individuals with business transactions, partnership agreements, atypical investments, risk management, and related disputes. He also represents clients in the oil and gas, communications, software, media, music, entertainment, interactive technology, and gaming industries in a variety of commercial disputes and intellectual property-related matters, including the identification, protection, and acquisition of intangible assets (trademarks, copyrights, trade secrets, patents), joint development agreements, high stakes litigation, and complex licensing and cross-licensing transactions. Recently, Daniel acted as lead trial counsel in a competitor patent infringement dispute in the United States District Court for the Western District of Texas-Waco Division (J. Albright). To date, Daniel has secured recoveries for his clients in excess of $150 million.
Education
Tulane Law School, New Orleans, Louisiana – J.D., 2001
Emory University, Atlanta, Georgia – B.A. in History, 1998
Admissions
Daniel is a member of the State Bar of Texas and is admitted to practice before the United States District Courts for the Northern, Southern, Eastern, and Western Districts of Texas, the United States Court of Appeals for the Fifth Circuit, the United States Court of Appeals for the Federal Circuit, and the United States Supreme Court.
Professional Career
Scardino LLP, Austin, Texas, 2018-present, Partner
Reed & Scardino, LLP, Austin, Texas, 2010-2018, Managing Partner
Jackson Walker L.L.P., Austin, Texas, 2001-2010, Partner
Community Engagement
Daniel and the firm support several community organizations in and around Austin, including:
- Board of Trustees, Trinity Episcopal School
- Austin Music Foundation
- HAAM – The Health Alliance for Austin Musicians
- Texas Book Festival
- Harry Ransom Center at The University of Texas at Austin
- Paramount Theatre
- KLRU/Austin City Limits
- I Live Here, I Give Here
- Head for the Cure
- Breakthrough Central Texas
- Explore Austin
- Emancipet
- Central Texas Food Bank
Published Articles
- “Keyword Search Advertising: Whose Name Is It Anyway?” in Communications Lawyer, Volume 25, Number 2, Summer 2007.
- “Extra! Extra! Vanessa Leggett Serves Maximum Jail Time, First Amendment-Based Reporter’s Privilege Under Siege” in Communications Lawyer, Volume 19, Number 4, Winter 2002 cited in New York Times v. Gonzales, 04 Civ. 7677, n.16 (RWS) (S.D.N.Y. January 25, 2005).
- “Derivative Works, Compilations, and Joint Works” in E-Copyright Law Handbook (Aspen 2002).
- “Liberty and Defamation” in Communications Lawyer, Volume 20, Number 3, Fall 2002.
- “The Reporter’s Privilege in Texas” published by the Reporter’s Committee for Freedom of the Press.
- “Recent Developments in Media Law and Defamation Torts” in Torts, Trial and Insurance Practice Section Survey of the American Bar Association, Winter 2003.
- “SLAPP-Happy: Media Defendants Beware, Anti-SLAPP Statutes Might Not Be Something to Smile About” in Media, Privacy and Defamation Law Committee Newsletter, Fall 2004.
- “Talking To The Press and Making Them Listen” in Litigation, Volume 31, Number 2, Winter 2005.
- “The Secret Double Life of the Reporter’s Privilege” in Media, Privacy and Defamation Law Committee Newsletter, Spring 2005.
Illustrative Engagements
- Lead counsel for oil and gas services industry patent owner in patent infringement suit against competitor formed by former employees. Case successfully resolved after Judge Alan Albright found that competitor willfully infringed as part of sanctions ruling.
- Negotiation of multimillion dollar equity and debt investments into leading medical marijuana company.
- Outside general counsel for Austin-based family office.
- Negotiate sponsor-investment into hotel development project in Fort Worth.
- Lead counsel in arbitration and federal court lawsuit representing family office against promoter and purported developer of real estate project.
- Lead counsel in competitor patent dispute between frac trailer manufacturing and fracking services companies based in Midland, Texas.
- Lead counsel in multi-jurisdictional patent infringement litigation related to FCC recognized “pioneering” wireless data communications technology developed at SkyTel (aka Mobile Telecommunication Technologies). Result: Favorable jury verdict against Apple and numerous licenses with others totaling ~$75 million.
- Representation of Herndon, Virginia-based interactive media company in connection with the conception and deployment of a licensing program for company’s wide-ranging legacy telemetry patent portfolio. Result: Favorable jury verdict following week-long trial; industry recognition of client’s foundational technology through negotiation of licenses and cross-licenses totaling ~$60 million.
- Lead defense counsel in patent infringement lawsuit related to software registration technology. Result: After analyzing claims and presenting plaintiff’s counsel with multiple flaws in infringement theory, negotiated favorable exit early in the case, before substantial costs were incurred by client.
- Representation of author against Estate of JRR Tolkien in right of publicity, trademark and copyright dispute.
- Representation of film producer and writer in connection with pre-production development and production of feature length film, including securing casting of Greta Gerwig and Iggy Pop, and post-production licensing and distribution negotiations.
- Negotiation of synchronization and performance licenses for promoter of long-running music festival.
- Utilized litigation and non-litigation strategies in representing fall safety technology innovator in trademark and patent infringement action to recoup lost profits and market share from former distributor and resellers who produced and sold knock-offs through the same distribution channels.
- Negotiation of music publishing and license agreement in litigious copyright dispute between former manager and family of Texas songwriter Townes Van Zandt over live recordings.
- Negotiation of joint development agreement with federal agency and private company for oil and gas exploration mapping technology.
- Negotiation of multi-year promotion agreement and trademark license between nationally celebrated book author and Whole Foods.
- Management of US and international trademark registration dockets for several high profile and growing brands.
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