Dana J. Finberg
Dana serves as trial counsel in patent, trade secret, trademark, trade dress, and copyright litigation throughout the United States, with particular experience litigating intellectual property matters in the United States District Courts for the Northern District of California and the Eastern District of Virginia. In patent litigation, he has represented both branded and generic pharmaceutical companies, computer hardware and software manufacturers and developers, and biotechnology companies.
Dana’s practice also encompasses a wide variety of complex civil litigation matters, including Voting Rights Act litigation, breach of contract and business tort cases, class action defense (including in website accessibility cases under the ADA), and the representation of financial services clients in government investigations and complex litigation matters involving federal and state consumer financial statutes and regulations.
Dana has significant first-chair jury and bench trial experience, as well as appellate experience before the Supreme Court of the United States, several US Courts of Appeal and the Supreme Court of Virginia.
Dana was previously a partner at a global law firm’s Silicon Valley office. He also previously served as a law clerk to the Hon. Robert E. Payne, U.S. District Court, Eastern District of Virginia (Richmond and Norfolk Divisions).
Publications, Presentations & Recognitions
Dana has been recognized by various publications for his work in the legal industry.
Dana's recognitions include:
- The Best Lawyers in America, Trade Secrets Law, 2015-2021
- The Recorder, “San Francisco's Best Lawyers,” Intellectual Property Law, 2011
- The Best Lawyers in America, Intellectual Property, 2007–2011
- Northern California Super Lawyers, Intellectual Property, 2011–2013, 2016-2020
- Virginia Super Lawyers, Intellectual Property, 2007–2010
- Virginia Business magazine’s “Legal Elite”; Intellectual Property Litigation, 2006–2009; Civil Litigation, 2003–2005
- AV Peer Review Rated, Martindale-Hubbell, legal ability and integrity
Dana's publications include:
- "Tips For Spoliation Claims In Trade Secret Cases," Law360, May 28, 2020
- "No Free Ride for AllRide: Northern District of California Issues Case-Ending Spoliation Sanctions," The Recorder, May 13, 2020
- "Trade Secrets Offer an End-Around to Patent Ineligibility," The Recorder, August 19, 2014
- "Strategies for Protecting Trade Secrets in the Cloud," Corporate Counsel, February 18, 2014
Dana's presentations include:
- “Investigating and Litigating ESI Spoliation Claims in Trade Secrets Cases”, Panelist, Practicing Law Institute, January 12, 2021
Life Beyond the Law
A State Department brat, Dana was born in Santiago, Chile. Dana grew up in South America and Europe, and is fluent in Spanish and Portuguese. He enjoys travelling and spending time outdoors with his wife and three sons, running, and playing guitar.
Bar & Court Admissions
- California Bar
- Virginia Bar
- Supreme Court of the United States
- US Court of Appeals, Federal Circuit
- US Court of Appeals, 4th Circuit
- US District Court, Central District of California
- US District Court, Northern District of California
- US District Court, Southern District of California
- US District Court, Eastern District of Virginia
- US District Court, Western District of Virginia
T.C. Williams School of Law, University of RichmondJD,1992Randolph-Macon CollegeBA,1987