by Brett Lieberman

After five years working in the computer industry for companies like Burroughs Corp. (now Unisys), Dana D. McDaniel found the lawyers putting the deals together were having more fun with the technology he was responsible for than he was. Plus, he could explain it better.

But back in 1985 when McDaniel got his law degree from The College of William & Mary, Richmond and Virginia were not exactly hotbeds of activity for technology or technology lawyers. There was no Internet back then, mini-computers could hardly be described as that, and their technology was so shaky that purchasing one was still a big gamble for medium-sized businesses.

Fast forward 15 years. Every business has at least one personal computer if not massive networks connected to servers. Businesses, be they mom and pop shops or global corporations, are still trying to make sense of the Internet and how to leverage it to their advantage. Lawyers like McDaniel are a hot commodity because they understand the evolving technology and are able to make sense of legal issues such as copyright protection and finding fault when e-commerce does not work.

That wasn’t always the case, however. When McDaniel began practicing with the law firm of Browder, Russell, Morris and Butcher in Richmond, there were few technology cases. He was hired to handle commercial real estate and commercial law cases, but he also handled the occasional technology case that came to the firm. Back in 1985, few lawyers in the United States specialized in technology and none in Richmond handled it on a full time basis.

There’s a bit of irony in the fact that what McDaniel did not like — working in the computer services industry — likely gives him an edge over many lawyers. Having watched enough deals go bad because of silly disputes or because the people involved did not understand the technology, McDaniel says, "I think I bring a common sense view. I believe I am able to help clients and adversaries focus on issues from a practical view."

That belief often sets McDaniel apart from other lawyers. While many clamored for new laws to protect companies against Y2K-related lawsuits last year, McDaniel was one of the few loud voices calling for restraint. "Congress was passing legislation and states were passing legislation when there was no evidence that the situations would ever present themselves," he says. Much of the Y2K legislation passed by Congress and state legislators was piecemeal response to inflated fears. "It just seemed like overkill."

McDaniel, 45, still finds his biggest challenges are staying current on ever-evolving technologies, and being able to boil it down so a lay person can understand. It’s when he’s able to distill it to this level that he’s often able to avoid litigation. Constant change and the lack of knowledge among his peers is one reason why McDaniel helped found the Greater Richmond Intellectual Property Law Association to provide a networking forum as well as continuing education.

The duel challenges of keeping up with technology and educating legislators to prevent reactionary laws remain the greatest threat to the IT industry. "We’re sometimes too quick to want to do something when the right thing is to just stand there — and that worries me," he says.

The Fairfax native joined Williams, Mullen, Clark & Dobbins in 1995, and started the firm’s technology and intellectual property law practice four years later. He opened the firm’s Northern Virginia office 18 months ago in Tysons Corner and it has since more than doubled in size from six attorneys to 14.

Colleagues and acquaintances describe McDaniel in terms not often associated with lawyers. "He’s a genuine nice guy," says Christopher J. Mugel, an attorney at LeClair Ryan, who has faced McDaniel. Others say McDaniel is the kind of lawyer they want representing them. He’s diligent, caring and not necessarily bent on resolving every dispute in the courtroom.

But what most surprises adversaries and clients alike is that McDaniel is a man. With a name like "Dana," McDaniel says most people expect a woman. "I think I receive more unsolicited Victoria’s Secret catalogues than anyone else!" he jokes.

Virginia Business - December 2000