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Education

  • J.D., Seton Hall University School of Law
  • B.S., Rutgers University,

    Biology

    Law Clerk, The Honorable Donald G. Collester, Jr. J.A.D., Appellate Division

    Summer Law Clerk, The Honorable Mark Falk, U.S.M.J.

Bar Admissions

  • New Jersey
  • New York

Court Admissions

  • U.S. District Court, District of New Jersey
  • U.S. District Court, Eastern and Southern Districts of New York

Memberships & Affiliations

American Bar Association

New York State Bar Association

New Jersey State Bar Association

Daniel R. Seaman

  • |
Associate
  • T: 973.849.4183
    F: 973.297.3823
    • Four Gateway Center
      100 Mulberry St.
      Newark, NJ 07102

Mr. Seaman concentrates his practice in complex commercial litigation and bankruptcy; representing his clients in these areas as well as routinely counseling his clients and their senior executives on how to avoid litigation and minimize litigation risks, and how to maintain effective internal compliance protocols and ethical standards as a hedge against potential litigation.

Mr. Seaman’s commercial litigation experience is broad as he has filed, participated in, and argued a wide variety of state and federal court actions involving contract disputes, asset purchase agreements, assignments for the benefit of creditors, commercial foreclosures, commercial loans, commercial notes, commercial mortgages, commercial forbearance agreements, commercial leases, commercial construction claims, commercial receiverships, Uniform Commercial Code (UCC) actions, corporate shareholder disputes, (shareholder oppression, tag along and drag along rights), enforcement of liens and judgments, domestication of judgments, bond defaults, insurance coverage claims, performance bond claims and surety litigation, state and local tax disputes, cybersecurity, data collection, privacy, security, breach, and misappropriation, and intellectual property licensing and litigation.  Issues successfully handled by Mr. Seaman also include breach of contract, commercial debts, commercial lease agreement disputes, options contracts, obligor default, breach of fiduciary duty, alter ego, fraud, fraudulent conveyance, defalcation, D&O liability, RICO claims, interference with business opportunity, real estate disputes, and restrictive covenants, among many others. 

Mr. Seaman has also successfully obtained judgments against adversaries, uncovered, levied on, and seized judgment debtors’ assets, and also obtained pre-judgment attachments of adversaries’ assets in anticipation of entry of judgment and in furtherance protecting the clients’ recovery and making the clients whole.  Mr. Seaman has effectively protected the interests of clients, whether debtors or creditors, in the difficult area of commercial litigation when the client or the adversary has filed for bankruptcy and the underlying state or federal court action became subject to the automatic stay or was dismissed.  He has also successfully handled a variety of emergent matters before all levels of the New Jersey Court system, New York courts, and in Federal Court – protecting his clients’ rights and furthering his clients’ objectives. 

Mr. Seaman represents numerous Fortune 100 corporations and financial institutions, factoring companies, hard money lenders, small and medium-sized businesses, joint ventures, partnerships, shareholders, trustees, receivers, fiduciaries, and individuals at nearly all levels of federal and state courts, in discrete actions as well as in multi-party litigation.  His representation includes clients in financial services, banking, commercial lending, venture capital, and private equity, and industries such as manufacturing, pharmaceutical, medical devices, healthcare, life sciences, chemical, petrochemical, commodities, mining and extraction (involving regulatory, freehold, leasing, royalty and related rights in relation to minerals, ores, rare earth, and hydrocarbons), transportation, commercial and industrial real estate development, media and broadcasting, Internet, cloud computing, telecom, and technology.

Mr. Seaman has also handled a wide variety of interdisciplinary issues that arise out of his many commercial matters such as tax appeals during foreclosures, inverse condemnation, eminent domain, consumer warranty, international law pertaining to real estate transactions and shareholder disputes, tech and cyber-related litigation, compliance and other regulatory issues for his clients in the manufacturing, pharmaceutical, life science, and commercial food production and packing fields, and maritime law inside and outside of bankruptcy, cargo matters (maritime liens/arrests, warehouse liens, consignor-consignee issues, cargo claims, broker-carrier disputes, international factoring issues affecting collateral cargo, cabotage, demurrage, and drayage issues), choice of venue and choice of law litigation, and cross-border discovery disputes and enforcement.  He has also taken the lead on public relations, media relations, and governmental relations for his clients on various sensitive cases.

In addition to his commercial litigation experience, in the Bankruptcy Court, Mr. Seaman has represented debtors, secured, unsecured and other stand-alone creditors, as well as trustees and litigation trustees, in the various stages of Chapter 7 and 11 proceedings and the myriad related issues that arise in Bankruptcy.  Mr. Seaman brings his extensive commercial litigation experience to Bankruptcy on a regular basis when litigating adversary proceedings and achieving results for his clientele.  In Bankruptcy, Mr. Seaman has dealt with complex litigation and transactional issues involving LLC membership interests, adverse restrictions within operating agreements and other operating agreement disputes, insolvency analysis, improper revenue upstream during insolvency, leveraged buyouts, DIP financing and DIP issues, lien priority, equity stripping, Trustee strong arm powers, cram down and claw back issues, relief from the automatic stay, automatic stay violations, KEIPs and KERPs during bankruptcy, sale of estate assets, all manner of contracts in bankruptcy (executory contracts, options contracts, SaaS agreements, supply chain agreements and Enterprise Resource Planning (ERP) issues, Intellectual Property agreements, vendor leases, mineral rights and mining agreements, medical practice agreements, partnership agreements, employment contracts, physician contracts, internet, media, radio and television contracts), bankrupt entities’ Intellectual Property issues, patent transfers and assignments, capitalization and sale of debtors’ Intellectual Property, FCC licensing agreements, licensing transfers, licensing maintenance and related issues, and a wide variety of issues related to the ongoing regulatory and compliance issues that do not subside due to bankruptcy for his manufacturing, food production, pharmaceutical, and life science clients (legal aspects of deviations, investigations, CAPAs, and related process issues).  Mr. Seaman also regularly handles issues related to preference action prosecution and defense. 

Mr. Seaman has extensive experience in Bankruptcy litigation mediations, and headed the legal analysis team and recommendation committee for the judicial mediators in the litigation mediations in the Delaware bankruptcies of Nortel Networks, PNG Ventures Inc., and Rehrig International, Inc., among others.  Mr. Seaman also has had exposure to international and Chapter 15 cross-border bankruptcies involving a variety of issues.

Mr. Seaman has also advised and represented his clients on numerous matters involving a wide variety of local, state, and federal government bodies and agencies such as municipal-level code compliance, land use, and zoning authorities in New York and New Jersey, state-level agencies such as:

• NJ Office of the Attorney General
• NJ Department of Community Affairs (NJDCA)
• NJ Department of Banking and Insurance (NJDOBI)
• NJ Bureau of Securities (NJBOS)
• NJ Division of Taxation
• NJ Division of Revenue and Enterprise Services
• NJ Department of Environmental Protection (NJDEP)
• NJ Department of State
• NJ Department of Transportation
• NY equivalents to the aforementioned

interstate and extra-regional entities such as:

• Industrialized Buildings Commission (IBC, an interstate compact)
• Port Authority of New York and New Jersey (PANYNJ)
• Most port authorities on the eastern seaboard, and Louisiana and Texas

and federal-level agencies, departments, and bureaus such as:

• Internal Revenue Service (IRS)
• US Department of Justice (DOJ)
• US Department of Treasury (Financial Crimes Enforcement Network (FinCEN))
• Office of Foreign Assets Control (OFAC)
• Securities and Exchange Commission (SEC)
• Federal Deposit Insurance Corporation (FDIC)
• Consumer Financial Protection Bureau (CFPB)
• Federal Trade Commission (FTC)
• US Patent and Trademark Office (USPTO)
• US Food and Drug Administration (FDA)
• US Department of Transportation (US Maritime Administration (MARAD))
• Federal Maritime Commission
• US Coastguard
• Department of Homeland Security (DHS)
• US Citizenship and Immigration Services (USCIS)
• US Customs and Border Protection (CBP)
• Federal Aviation Administration (FAA)
• National Transportation Safety Board (NTSB)
• Federal Communications Commission (FCC)
• US Department of Commerce
• International Trade Administration (ITA)
• Bureau of Industry and Security (BIS)
• US Commodity Futures Trading Commission (CFTC)
• Federal Bureau of Investigation (FBI)
• US Environmental Protection Agency (EPA)
• US Equal Employment Opportunity Commission (EEOC)
• US Department of Housing and Urban Development (HUD) (commercial matters)

Likewise, Mr. Seaman has successfully handled and advised his clients on numerous statutory and regulatory issues, investigations, and litigations that have intersected with his commercial litigation and bankruptcy practice involving:

• The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA)
• Fair Debt Collection Practices Act (FDCPA)
• Dodd–Frank Wall Street Reform and Consumer Protection Act
• Financial Services Modernization Act (Gramm-Leach-Bliley Act (GLB)) (15 U.S.C. §§6801-6827)
• FINCen regulations and FinTech issues
• Commodities Exchange Act
• Securities Exchange Act of 1934
• Lanham Act (15 U.S.C. § 1051 et seq.)
• Bayh–Dole Act (35 U.S.C. § 200-212)
• Copyright Act of 1976 (17 U.S.C. § 101 et seq.)
• CERCLA/Superfund (42 U.S.C. § 9601 et seq.)
• Environmental Cleanup Responsibility Act (ECRA)
• Freedom of Information Act (FOIA) (5 U.S.C. § 552)
• Open Public Records Act (OPRA)
• Foreign Corrupt Practices Act (FCPA) (15 U.S.C. § 78dd-1, et seq.)
• Hatch-Waxman Act
• Importer Trade Activity (ITRAC) issues with the CBP
• Jones Act
• Real Estate Settlement Procedures Act (RESPA)
• Interstate Commerce Act (and Carmack Amendment)
• Telecommunications Act of 1996
• USA PATRIOT Act
• North American Free Trade Agreement (NAFTA)
• Employee Retirement Income Security Act (ERISA)
• Health Insurance Portability and Accountability Act (HIPAA)
• Anti-Kickback Statute (42 U.S.C. § 1320a–7b)
• Physician Self-Referral Law (42 U.S.C. § 1395n) (Stark Law)
• Americans with Disabilities Act (ADA)
• Worker Adjustment and Retraining Notification Act of 1988 (WARN Act)
• Family and Medical Leave Act (FMLA)
• False Claims Act / Qui tam (31 U.S.C. § 3729 et seq.)
• Conscientious Employee Protection Act (CEPA)
• NJ Law Against Discrimination (NJLAD)
• Family Educational Rights and Privacy Act (FERPA)
• The Federal Trade Commission Act (15 U.S.C. §§41-58) (FTC Act)
• Electronic Communications Privacy Act (18 U.S.C. § 2510)
• Computer Fraud and Abuse Act (18 U.S.C. § 1030)
• General Data Protection Regulation (GDPR (European law))
• Administrative Procedure Act (APA)
• Code of Federal Regulations (CFR) (numerous provisions)

Mr. Seaman is also skilled in the area of Intellectual Property law and litigation, and handles a variety of unique Intellectual Property issues as they intersect with his commercial litigation and bankruptcy practice.  Mr. Seaman’s Intellectual Property experience includes transactions and litigation involving patents, trademarks, copyrights, licensing rights, trade secrets, regulatory advice regarding cross-marketing and capitalization of Intellectual Property, Lanham Act, Bayh–Dole Act, and other statutory Intellectual Property issues.

Mr. Seaman is also an Adjunct Professor of Law at Seton Hall University School of Law, and is an official lecturer for the New Jersey State Bar Association’s Institute for Continuing Legal Education (“NJICLE”).  He also serves on the New Jersey Supreme Court’s Fee Arbitration Committee for District VA (Essex).  Mr. Seaman has been recognized as a New Jersey Super Lawyer® for the years 2012-2018, and is also a New York State Bar Association Empire State Counsel Honoree for his work and practice in the New York State Supreme Court. Super Lawyers is published by Thomson Reuters. Click here for their methodology. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.

Speaking

02/18/19
SCBA Event: NJ Collection Practice
Raritan Valley Country Club, Bridgewater, NJ
12/12/18
NJICLE Event: NJ Collection Practice
Hyatt Regency, Morristown, NJ
12/05/17
New Jersey Law Center, New Brunswick, NJ
12/01/16
New Jersey Law Center, New Brunswick, NJ