Jay R. McDaniel

Jay R. McDaniel

Parsippany, New Jersey

JAY R. McDANIEL (Partner) is an experienced business litigator and counselor, who focuses his practice on business divorce, corporate governance and intellectual property disputes including copyright, trademark and trade secret litigation. He has represented publicly and privately-held clients in a range of industries, from Internet startups to established businesses in construction, entertainment, information technology, importation, distribution, banking and construction.

Jay has focused on corporate governance disputes involving closely held corporation, often referred to as business divorce, since the mid-1990s. He has counseled businesses and their principal owners through complex business divorces in a broad range of industries and professions. These include both litigated and negotiated breakups of closely held corporations, limited liability companies and partnerships. Jay writes regularly on business divorce and is the editor and principal author of the Business Divorce Law Report (www.thebusinessdivorcelawyer.com)

Jay also represents parties in a variety of intellectual property disputes involving copyrights, trademarks and trade secrets. He frequently works with clients involved in e-commerce, as well as those in brick-and-mortar industries. Jay was counsel to the prevailing party in a leading opinion of the Third Circuit Court of Appeals defining key rights of the co-authors of copyright-protected works. He is the editor of Compete (compete.legal), an online journal devoted to news and commentary on competitive law issues including copyright, trademark, trade secrets, unfair competition and business torts.

Areas of Practice

  • Business Law
  • Litigation

Bar Admissions

  • New Jersey
  • New York
  • U.S. Supreme Court
  • U.S. Court of Appeals 2nd Circuit
  • U.S. Court of Appeals 3rd Circuit
  • U.S. District Court District of New Jersey
  • U.S. District Court Eastern District of New York
  • U.S. District Court Southern District of New York


  • Rutgers University School of Law, Newark, New Jersey
    • J.D. - 1992
    • Honors: Order of the Coif
  • Rutgers University - 1984

Published Works

  • Editor and Principal Author, Business Divorce Journal

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