Daniel's Biography
Work hard at work worth doing. This is what drives Daniel Park in every aspect of his life. At Berman Fink Van Horn, Daniel demonstrates this in everything he does. A Principal at BFV, Daniel assists companies in all aspects of business disputes, working with employers on matters from competition-related issues involving employee restrictive covenants and trade secret theft to discrimination claims and matters involving contracts.
While Daniel seeks to find ways for business owners to take preventative measures to grow their business, he is prepared to litigate to protect the clients’ business interests. He has experience representing employers in a wide variety of industries in both state and federal court.
Daniel is a graduate of Boston University School of Law and received his Bachelor of Arts from Boston College (cum laude). Outside of the office, Daniel enjoys fishing, reading, collecting first edition books and spending time with his family (and two dogs). He is also conversational in Korean.
Daniel's Publications
Responding to an EEOC Charge, SHRM, the Society for Human Resource Management, August 16, 2019 (Membership required to click here to view.)
Sexual Harassment Update: Uber’s Latest Controversy and the EEOC’s Renewed Focus on Workplace Harassment Policies and Training, Atlanta Bar Association Labor & Employment Bar Section Newsletter, Spring 2017
No Punitive Damages under the GCSPA: What Employment Litigators should Know about the Georgia Supreme Court’s Recent Decision, Atlanta Bar Association Labor & Employment Bar Section Newsletter, Spring 2017
Daniel's Posts
On April 5, 2021, the United States Supreme Court handed Google a major victory against Oracle, ruling that Google’s use of Oracle’s software code in its Android operating system constituted fair use and thus did not violate federal copyright law. This has important implications for software copyright protection. The DisputeOracle...
Read More Every year on January 1, previously copyrighted works enter the public domain, allowing the public to legally access, adapt, and republish the works. This year on January 1, 2021, works released in 1925 enter the public domain. This means classics novels such as F. Scott Fitzgerald’s The Great Gatsby and...
Read More The United States Supreme Court recently heard oral arguments in the decade-long court battle between Google and Oracle over software used on many of the world’s smartphones. Many consider this to be one of the most important copyright infringement cases of the decade with major implications in copyright law. Copyright...
Read More The United States Supreme Court recently held that the State of Georgia cannot claim copyright over its annotated legal code. In a 5-4 ruling, the Supreme Court in Georgia v. Public.Resource.Org, Inc. ruled against Georgia in its copyright infringement lawsuit against Carl Malamud, an open government activist, and his organization...
Read More On April 17, 2020, the U.S. Equal Employment Opportunity Commission (EEOC) posted an updated and expanded technical assistance publication addressing questions arising under the federal employment laws related to the COVID-19 pandemic. The publication, "What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO...
Read More One of the primary considerations you or your company must make upon receipt of a copyright infringement notice is the defenses you or your company may have to the claim for infringement. To establish a copyright infringement in court, the owner must show (1) ownership of a valid copyright, and...
Read More When you or your company receive a copyright infringement notice, it is important to understand the potential damages you or your company may be exposed to. On the other hand, if you discover that your copyrighted work has been infringed upon, there are certain damages you can seek arising out...
Read More A copyright infringement notice may be sent when the owner of a copyright believes you are infringing on his or her copyright work. If your company receives a notice that you are infringing on a copyright, it is important to take the notice seriously. What is a copyright infringement? An...
Read More A copyright lawsuit filed by a paparazzi agency against model Gigi Hadid was recently dismissed because the paparazzi agency failed to complete its registration of its copyright before commencing the lawsuit. The paparazzi agency sued Ms. Hadid for copyright infringement after she posted a photo of her taken by the...
Read More A copyright is a right provided under the Copyright Act (the "Act") to protect authors of creative works. It is a form of protection provided to original works of authorship fixed in any tangible medium of expression. This protection begins at the moment the work is created, upon the “fixation”...
Read More The Law is Clarified Registration of a copyright must be completed before suing for infringement. This was the recent unanimous ruling of U.S. Supreme Court. The high court’s ruling in Fourth Estate Public Benefit Corp. v. Wall-Street.com, LLC, et al. resolves a long-running question in copyright litigation: when exactly can...
Read More Atlanta based United Parcel Service Inc. (UPS) has agreed to settle a religious discrimination lawsuit for $4.9 million with the Equal Employment Opportunity Commission (EEOC). In addition to the monetary payout, the settlement requires UPS to provide training to managers and supervisors, to publicize the right to religious accommodation on...
Read More When an Equal Employment Opportunity Commission (EEOC) charge of discrimination is filed by an employee, the EEOC may refer the complaint to the EEOC’s National Mediation Program, presenting both the employee and employer with the opportunity to participate in an EEOC mediation. We previously discussed tips an employer should consider when...
Read More Recently, shared-office rental company WeWork reached a settlement with the attorney general (AG) of New York to end or limit WeWork’s use of non-compete agreements for nearly all of its employees in the U.S. WeWork is an industry leader in the co-working industry, providing shared workspaces for lease by month...
Read More Receiving an Equal Employment Opportunity Commission (EEOC) charge of discrimination is a challenging event for any business. With the EEOC’s recent focus on workplace harassment and the national attention generated by the #MeToo movement, it is important for employers to understand the EEOC charge process and what to do when...
Read More You may be surprised to hear that Georgia law provides for pre-lawsuit depositions in limited circumstances. The Georgia Civil Practice Act sets forth an equitable proceeding to perpetuate a person’s own or another person’s testimony prior to the filing of a lawsuit by petition to the Superior Court. O.C.G.A. §...
Read More Continuing our discussion on attorneys’ fees under the Georgia Trade Secrets Act (GTSA), in addition to the circumstance in which fees are awarded where a GTSA claim is made in bad faith, fees may also be awarded to the prevailing party where “willful and malicious misappropriation exists.” Georgia is one...
Read More It is common for litigants to have questions about their eligibility to be awarded attorneys’ fees from the opposing party. The general rule is that each party in litigation bears its own attorneys’ fees except where specific contractual or statutory authority provides for fee shifting. In trade secret litigation, eligibility...
Read More The recent allegations of sexual harassment against Harvey Weinstein have drawn national attention to the issue of sexual harassment. More than 40 women have come forward and accused Weinstein of harassment, and the LAPD is now investigating Weinstein for sexual assault. Sexual harassment continues to be a problem in the...
Read More On August 31, 2017, federal judge Amos Mazzant of the U.S. District Court for the Eastern District of Texas invalidated the Department of Labor’s (DOL) overtime rule that doubled the minimum salary levels for exempt executive, professional, and administrative employees under the Fair Labor Standards Act (FLSA). Judge Mazzant’s entered...
Read More Under Georgia law, certain relationships give rise to fiduciary duties on the part of individuals. An individual with a fiduciary duty must exercise loyalty and utmost good faith towards the person to whom the duty is owed. Certain employees and officers can owe fiduciary duties. Georgia courts have held that...
Read More In many non-compete and trade secret cases, a defendant may, for a variety of reasons, prefer to be in federal court over state court. For example, the former employer may bring suit in the state court within its home state, notwithstanding that the employee-defendant resides in a different state. The...
Read More Forum-selection clauses are often included in restrictive covenant agreements when companies have employees located in different states other than the state where the company is headquartered, to try to allow the company to litigate non-compete disputes on its home turf. However, even if the parties have entered into a valid...
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Daniel's Videos
During this one hour webinar, BFV attorneys used the art of storytelling and conversation to share important lessons and address practical questions from employment, real estate, noncompete/unfair competition and mergers and acquisitions topics, including: What do I do when an employee is afraid to return to work due to COVID-19? (ADA/FMLA and other...
Read More A copyright infringement notice may be sent when the owner of a copyright believes you are infringing on his or her copyright work. If your company receives a notice that you are infringing on a copyright, it is important to take the notice seriously. What is a copyright infringement? An...
Read More A copyright is a right provided under the Copyright Act (the "Act") to protect authors of creative works. It is a form of protection provided to original works of authorship fixed in any tangible medium of expression. This protection begins at the moment the work is created, upon the “fixation”...
Read More The Law is Clarified Registration of a copyright must be completed before suing for infringement. This was the recent unanimous ruling of U.S. Supreme Court. The high court’s ruling in Fourth Estate Public Benefit Corp. v. Wall-Street.com, LLC, et al. resolves a long-running question in copyright litigation: when exactly can...
Read More Atlanta based United Parcel Service Inc. (UPS) has agreed to settle a religious discrimination lawsuit for $4.9 million with the Equal Employment Opportunity Commission (EEOC). In addition to the monetary payout, the settlement requires UPS to provide training to managers and supervisors, to publicize the right to religious accommodation on...
Read More Receiving an Equal Employment Opportunity Commission (EEOC) charge of discrimination is a challenging event for any business. With the EEOC’s recent focus on workplace harassment and the national attention generated by the #MeToo movement, it is important for employers to understand the EEOC charge process and what to do when...
Read More
