Daniel
J. Kornstein
Partner
dkornstein@kvwmail.com
(212)
418-8610
"Mr.
Kornstein is a man of high principle, great compassion and profound intelligence
who has elevated the practice of law to the level of moral statement. He
has the personal integrity to stand up for people, books and causes he
believes in, even when others do not." Joe
McGinniss, Acknowledgment in Blind
Faith
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Areas
of Practice
Dan
has an exciting and varied civil litigation practice. He was selected
as a New York Super Lawyer for the past seven years and named in "The
Top 100" in the 2010 New York Super Lawyers Metro Edition.
For 25 consecutive years, Dan has been listed in the Best Lawyers in America
in the Business Litigation category, and in 2013 is listed in five litigation
practice areas: Commercial Litigation, Banking & Finance, First Amendment,
Securities, and Trusts & Estates. Dan
was the subject of a feature article in the New York - Metro 2012 Super
Lawyers Magazine. Click
here for the article.
He
has conducted over 100 trial-type proceedings (including 20 jury trials)
and argued more than 70 appeals. Dan's clients range from celebrities
in the entertainment, publishing and sports world (including well-known
actors, producers, writers, editors and photographers), to large corporations,
financial institutions, and individuals. He has been involved in notable
First Amendment cases, as well as substantial antitrust, securities, commercial,
employment, product liability, family law, and international matters.
A
past president of the Law & Humanities Institute, Dan has combined
a busy law practice with frequent writing and speaking about the law. He
has published seven non-fiction books, eighteen law review articles, and
hundreds of essays and book reviews. His work has also appeared in the
New York Times, Wall Street Journal, Chicago Tribune, Baltimore Sun, and
Boston Globe, and has been cited by a number of courts, including the US
Supreme Court.
Dan
delivered the 2012 New York Court of Appeals Lecture on "Shakespeare and the
Law."
In 2002, Dan received the prestigious
Prix du Palais Littéraire from the Law and Literature Society of France. At
the award ceremony in May 2002 in the Palais du Justice in Paris, Dan delivered
an address in French on "Balzac and the Law After 9/11: A New York Lawyer's
View."



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Bar
Admissions
New York
U.S. District Court, Southern and Eastern Districts of New York
U.S. Court of Appeals, First, Second and Third Circuits
U.S. Tax Court
U.S. Supreme Court
Legal
Career
Established Kornstein Veisz Wexler & Pollard,
LLP in 1980
Solo Practitioner (1977-1980)
Associate, Baer & McGoldrick, now Schulte Roth
& Zabel (1975-1977)
Associate, Paul, Weiss, Rifkind, Wharton & Garrison
(1973-1975)
Education
J.D., Yale Law School (1973)
Note & Comment Editor, Yale Law Journal
B.S., City College of New York (1968)
Phi
Beta Kappa
Honors
in Economics
Felix
Cohen Prize in Legal Philosophy
Military
U.S. Army,
1969-1971, Specialist Fifth Class
Legal Clerk in Staff Judge Advocate's Office, First
Armored Division and First Cavalry Division (special
assistant to prosecutor in My Lai Massacre court-martial
of one of Lt. Calley's platoon sergeants)
Awarded Army
Commendation Medal for "exceptionally
meritorious service . . . meticulous attention
to detail, indomitable spirit and assiduous pursuit
of professional excellence"
Professional Activities and Associations
President, The Law & Humanities Institute (1991-1998)
Adjunct Professor of Law, New York Law School (1988-1996)
(taught course on defamation, privacy and publicity)
Chair,
Committee on Law and Literature (1999-2009) New
York County
Lawyers Association
Member, Association of the Bar of the City of New
York
Committee on Military Justice/Military Affairs (1975-1978)
Committee on Federal Legislation (1978-1981)
Committee on Lectures and Continuing Education (1982-1985)
Committee on the Profession (1988-1992)
Committee on Women in the Profession (1992-1995)
Member, Supreme Court Historical Society
Member, Federal Bar Council
Member, New York State Bar Association
Member, American Bar Association (Section on Litigation)
Author:
Books
Something
Else: More Shakespeare and the Law (Author
House,
2012)
Unlikely Muse: Legal Thinking and Artistic
Imagination (Author
House, 2010).
| "fascinating," "a
thought-provoking study of the influence
that law may have on the creative process," "an
important addition to the expanding study
of law
and literature by one of its foremost
proponents" -- New
York Law Journal |
Partial
Verdicts: Essays on Law and Life (Author
House, 2008)
The Elsinore Appeal: People v. Hamlet (St.
Martin's Press, 1996) (co-author)
| "an
offbeat intellectual pleasure" -- New
York Law Journal |
Kill
All the Lawyers? Shakespeare's Legal Appeal (Princeton
University Press, 1994)
| "excellent
. . . the distinctive voice of an American lawyer
[who] speaks to our era in the polished cadences
of an experienced advocate, who is as much at
home in the courtroom as in the world of Shakespeare"
-- Yale Journal of Law and Humanities |
Thinking Under Fire: Courtroom Lawyers and Their Impact on American History
(Dodd Mead, 1987)
| "presents
a vivid biography of great lawyers . . . as
well as delivering with masterful feel the historical
significance of the cases each lawyer
presented" -- South Bend Tribune |
The
Music of the Laws (Everest House, 1982)
| "a
book that deftly and lovingly discusses the
law and those who build their careers on it"
-- Wall Street Journal |
Entries
on Arthur Liman and Lloyd Paul Styker in The
Yale Biographical Dictionary of American Law
(2009)
Entry
on "Literature and Crime" in Encyclopedia
of Crime & Justice (2002)
Chapter
38A on "Impeachment of Partial Verdicts"
in Criminal Defense Techniques (Matthew
Bender 1982)
Law
Review Articles
"The Myths of Thane Rosenbaum,"
4 Cardozo Public Law, Policy and Ethics Journal
33 (2006)
"Does
Love of Literature Promote International Law?"
12 ILSA Journal of International and Comparative
Law 491 (2006)
"Mark
Twain's Evidence," 72 Tennessee Law Review
1 (2005) (on the Shakespeare authorship debate)
"A
Comment on Prof. Halper's Reading of Measure for
Measure," 13 Cardozo Studies in Law and
Literature 265 (2001)
"He
Knew More: Balzac and the Law," 21 Pace
Law Review 301 (2000)
“A
Practicing Lawyer Looks Back on Law and Literature,”
10 Cardozo Studies in Law and Literature
117 (1998)
“The
Byronic Hero Meets the Law and Literature Movement,”
46 Emory Law Journal 1615 (1997)
“The
Double Life of Wallace Stevens: Is Law Ever the
‘Necessary Angel’ of Creative Art?”
41 New York Law School Law Review 1187
(1997)
“Fie
Upon Your Law!” 5 Cardozo Studies in
Law and Literature 35 (1993)
“Twisted
Vision: Janet Malcolm’s Upside Down View
of the Fatal Vision Case,” 1 Cardozo
Studies in Law and Literature 127 (1989)
“The
Case Against Lillian Hellman: A Literary/Legal
Defense,”
57 Fordham Law Review 683 (1989)
“The
Success of the Word: The Literary Critic as Constitutional
Theorist,” 4 Cardozo Arts & Entertainment
Law Journal 277 (1985)
“Inheritance:
A Constitutional Right?” 36 Rutgers
Law Review 41 (1984). Cited in Klauser
v. Babbitt,
918 F. Supp. 274 (W.D. Wis. 1996).
“Impeachment
of Partial Verdicts,” 54 St. John’s
Law Review 663 (1980). Cited in State
v. Shomo, 129 N.J. 248 (1992).
“A
Bayesian Model of Harmless Error,” 5 Journal
of Legal Studies 121 (1976). Cited in U.S.
ex rel. Bilyew v. Franzen, 686 F.2d 1238
(7th Cir. 1982); McQueeney v. Wilmington
Trust Co.,
779 F.2d 916 (3d Cir. 1985).
“Taps
for the Real Catch-22,” 81 Yale
Law Journal
1518 (1972). Cited by Justice Potter Stewart
in
Parker v. Levy, 417 U.S. 733 (1974) (dissenting
opinion); 478 F.2d 772 (3d Cir. 1973); Stolte
v. Laird, 353 F. Supp. 1392 (D.D.C. 1972).
“A
Defendant’s Right to Inspect Pretrial
Congressional Testimony of Government Witnesses,” 80 Yale
Law Journal 1388 (1971). Cited in Calley
v. Callaway, 519 F.2d 185 (5th Cir.
1975) (Bell, J., dissenting); 382 F. Supp. 650
(M.D. Ga. 1974).
“Insurance
Mergers and the Clayton Act,” 78 Yale
Law Journal 1404 (1969). Cited
by the Federal Trade Commission in
1972 Trade Reg. Rep. (vol. 3) 20,163
at 22,
148 n.8 (FTC decision).
Other
Articles (partial list)
"Hitchens
vs. Holmes," New
York Law Journal,
Jan. 31, 2012.
Review
of "New York Rules of Professional
Conduct," New
York Law Journal, Sept. 28,
2010
"Roll
Over, Cardozo," New
York Law Journal,
Aug. 12, 2010
"Pass
the 'Speech' Act Now," New
York Law Journal,
July 13, 2010.
"What a Tangled Life . . .," New York
Law Journal Magazine,
Feb. 2009
Review
of "Brethren and Sisters
of the Bar" by
David Robertson, New York
Law Journal,
Jan. 20, 2009
"Areopagitica Remembered," New York
Law Journal, Dec. 12,
2008
Review of "Freedom for
the Thought that We Hate" by
Anthony Lewis, New York
County Lawyer, Sept.
2008
"Bill Buckley the Witness," New York
Law Journal Magazine,
June 2008
"English Revolution Redux," New York
Law Journal Magazine,
Dec. 2007
"Dear Diary . . . " New York Law Journal
Magazine, May 2007
"The
Roberson Privacy Controversy," Journal
of the Historical Society
of the Courts of the State
of New York (Issue No.
4; 2006)
"No Ruling Without Reading!"
New York Law Journal Magazine, Feb. 2006
Review of "Abogado" by Martin Gallin, New
York County Lawyer, Dec. 2005
Review of Into It by Lawrence Joseph, New
York Law Journal, Oct. 21,
2005
One Nation (Under God) . . ., New York Law Journal
Magazine, Oct. 2005
Julien Sorel Is Us, New York Law
Journal Magazine, May
2005
Review of "Lincoln
at Cooper Union" by
Harold Holzer, New
York Law Journal, Aug. 10, 2004
"Draft All Barlows," New
York Law Journal, June 16, 2004
"The Cardozo Mystery," 75 New York State Bar Journal (No. 4)
47 (2003)
"Abolish
Private Schools," New York Law Journal, Dec.
29, 2003
"In
Praise of the Solo and Small Firm Practice," New
York Law Journal,
Nov. 10, 2003 (Special Section)
"Law and Literature -- Louis Begley,"
New York Law Journal, Oct. 29, 2003
"Is Nepotism Sending
the U.S. Back to the Middle Ages?" Baltimore Sun,
Oct. 12, 2003
"Easy Reading," New York Law Journal Magazine, June 2003
"Is 'Shyster' Anti-Semitic?" New York Law Journal, May 21,
2003
"William O. Douglas -- An Inspiring, Maddening American,"
Baltimore Sun, Mar. 16, 2003
"Lawyers Rule," New York Law Journal
Magazine, Feb. 2003
"The $1.2 Million That Just Fell Off the Truck," Baltimore Sun,
Oct. 13, 2002
"Auchincloss' Talents," New York Law Journal,
Oct. 10, 2002
"The Latest Legal Fiction," New York County
Lawyer, Apr. 2002
"Mortimer Chose Muse Over Law," New
York Law Journal, Apr. 25, 2002
"Commercial Division
v. CPLR," New York Law Journal, Mar. 6, 2002
"Putting the Second Commandment in Context,"
Forward, Jan. 4, 2002
"Life Imitates
Art with Secret Military Tribunals," New
York Law Journal,
Nov. 28, 2001
"An Unlikely Muse," New York Lawyer,
Oct. 2001
"Icons Beget Iconoclasts," American Lawyer,
Sept. 2001
"Prague: Breathing 'Reality' Into Law,"
New York Law Journal, Feb. 15, 2001
"Of Death and Taxes," American Lawyer,
Jan. 2001
"Protect and Defend: High Lawyerly
Verisimilitude," Baltimore Sun, Dec. 17. 2000
"Bartleby
the Associate," New York Law Journal, Sept.
6, 2000
"Improve
Your Writing, Gain a Potent Weapon," New York Law
Journal, Sept. 5,
2000 (Special Section)
"Why Are All These Lawyers Setting U.S. Public
Policy?" Baltimore Sun,
Aug. 13, 2000
"Defining
Privacy - A Task Still Undone," Baltimore
Sun Dec 10, 1995 (book review)
"The
Rehnquist Court: High on
the Middle
Ground," Baltimore Sun, Aug.
20, 1995 (book review)
"Don't
Punish Bill Clinton for his Vietnam Draft
Status," Chicago
Tribune,
Nov. 27, 1992 (Op-Ed)
"A
'Free Speech' Claim that Distorts
the First Amendment," Boston
Globe,
Jan. 13, 1991 (Op-Ed)
"Book
vs. People, or: Does Souter Read Too
Much?" Chicago
Tribune,
Sept. 17, 1990
"Medical
Privacy and the Right
to Know," Bulletin
of the New
York Academy of Medicine,
December 1987
"Mathematics
With a Human Face ," Wall
Street Journal,
June 11, 1984 (book
review )
"Life
as a 'Prisoner's Dilemma," Wall
Street Journal,
Apr. 26, 1984 (book
review )
"An
Important Novel ," Wall
Street Journal, Feb.
15 , 1984 (book
review )
"Amnesty
and Calley," N.Y.
Times, Mar. 22, 1975 (Op-Ed)
Speaker
(since 2000)
Lecture
on "Libel
Tourism and
American Exceptionalism"
at American
Foreign Law Association (March 2013)
Delivered
2012 N.Y. Court of Appeals Lecture on "Shakespeare
and the Law" (May 2012)
Speaker
on "Libel Tourism" Panel at Fordham
Law School sponsored by the American
Branch of the International Law Association
and the International Law Students
Association (October 2011)
Presenter
at the CLE program for the Judicial
Institute of the State of New York on "Legal
Issues in Shakespeare's Plays" (October
2011)
Keynote
speaker at Westminster Legal Policy Forum
on UK Libel Law Reform (London, May
2011) (Topic: "An
International Perspective")
Presenter
at CLE program for the Judicial
Institute of the State of New York
on "Legal Issues
in Shakespeare's Merchant
of Venice" (February
2011)
Speaker on "Libel
Terrorism" at meeting of
ABA Section on International
Law (April 2010)
Speaker
at The Free Speech Leadership Summit sponsored
by The Writers Guild of America, East Foundation;
PEN; and The Creative Coalition (October
2009)
Presenter at Conference on "Libel Terrorism" and
the First Amendment,
at the American Enterprise
Institute (March 2009)
Appellate
Counsel for Antonio, moot court based
on The
Merchant of Venice, Cardozo Law School (December
2008)
Guest Lecturer, NYU
Law School, Class on "Libel
Tourism" (September
2008)
Lecturer, CLE Class
on "Libel Tourism" at
the Institute of American
and Talmudic Law (September
2008)
Panelist, New York
County Lawyer's Association
(NYCLA) Program on "Libel Tourism" (April
2008)
Panelist, Conference
on "Free Speech in an
Age of Jihad" sponsored
by Foundation for the
Defense of Democracies
and the New Criterion
(April 2008)
Discussion Leader, Program on Measure for Measure
at Brooklyn Inn of Court (November 2007)
Discussion Leader, Boston Federalist
Society Program on "Shakespeare and the Art of Judging" (June
2007)
Moderator, NYCLA Law & Literature
Award Ceremony for Anthony
Lewis (May 2007)
Speaker, Joint NYC Bar
Association NYCLA
Program on An American Tragedy by Theodore
Dreiser (November 2006)
Panelist, 1st Annual Fordham Law Film Festival (October
2006)
Trial Counsel for King Lear, moot court at Cornell
Medical School (September 2006)
Moderator, Panels on Plea Bargaining and Attorney-Client
Privilege, at Joint Conference with Le Barreau de
Lille and NYCLA, Lille, France (October 2005)
Speaker, International Law and the Humanities at
Program Sponsored by
the International Law
Association (October
2005)
Appellate counsel for State of Denmark, moot
court appeal based on Hamlet at the Shakespeare
Society, New York City (November 2004)
Moderator, Program
on "So You Want to be a
Fiction Writer" (NYCLA)
(June 2004)
Speaker, "Mark Twain's Evidence" at Conference
on "Who Wrote Shakespeare? An Evidentiary Puzzle," University
of Tennessee College
of Law (June 2004)
Moderator, Program
on "Why Our Legal System
Fails to Do What Is Right," Association
of the Bar of the City
of New York (April
2004)
Faculty Speaker, "Tips for Effective Legal
Writing" at NYCLA
Continuing Legal Education
Program (April 2004)
Moderator, NYCLA Law & Literature
Award Ceremony for
Louis Begley (October
2003)
Moderator, NYCLA Law & Literature
Award Ceremony for
Louis Auchincloss (October
2002)
Appellate counsel for State of Denmark, moot court
appeal based on Hamlet at Yale Law School
(October 2002)
Speaker, CLE program
at Yale Law School on "Representing
Artists and Entertainers" (October
2002)
Lecture in French, "Balzac and the Law After
9/11: A New York Lawyer's View" at
award ceremony at the
Palais de Justice in
Paris (May 2002)
Counsel in "Pied Piper of Hamelin," moot
court at American Bar
Association Litigation
Section meeting in
Phoenix, Arizona (May
2001)
Debated on "The Place of Balzac in the Law
and Literature Canon," at
Law and Humanities
Institute, New York
City (April 2001)
Chair of Panel Discussion on The Merchant of
Venice at Suffolk Law School, Boston, sponsored
by the Federalist Society (February 2001)
Speaker at Program "How To Use Your Legal Background
to Launch a Writing Career," sponsored
by The Association
of the Bar of the City
of New York (February
2001)
Lectures, Association
France-Amériques in
Paris, "Balzac and the Law" (June
and October 2000)
Faculty Speaker, "Legal Writing" at
NYCLA Continuing Legal
Education Program (April
2000)
Faculty Speaker, "Legal Writing for Litigators" at
NYCLA Continuing Legal
Education Program (February
2000)
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