Associate

Daniela Abratt-Cohen

Associate

Daniela Abratt-Cohen

954-703-3416

Daniela Abratt | About Thomas & LoCicero | TLo Law | Thomas and LoCicero

Now more than ever, a free press is vital to the preservation of our democracy. I feel privileged to work fighting to ensure the press indeed remains free, robust, and unencumbered in its critical and insatiable pursuit for truth.

About Daniela

Daniela is an associate in the Fort Lauderdale office with a practice concentration in media and communications law, including defamation, First Amendment, access to public records and open courts, and invasion of privacy. She also focuses on business and commercial litigation and intellectual property matters, including the registration and litigation of copyrights and trademarks.

 

Prior to joining the firm, Daniela served as a law clerk for the Honorable Robin S. Rosenbaum of the U.S. Court of Appeals for the Eleventh Circuit. She also previously served as an associate at a civil litigation firm with a practice in civil rights, products liability, medical malpractice and catastrophic injury cases in both federal and state court.

 

Daniela graduated from the Florida International University College of Law in 2015. While in law school, Daniela clerked at the Florida Supreme Court and the Florida Third District Court of Appeal. She also competed in the Monroe E. Price International Media Law Moot Court Programme, and placed third during the international round at Oxford University in Oxford, United Kingdom. Daniela has served as a judge and coach for this same moot court. She has also served as an Adjunct Professor teaching a legal writing and research course at FIU College of Law.

 

Daniela received her Bachelor of Science in Journalism, with a minor in International Humanitarian Assistance, from the University of Florida in 2012. During that time, her writing was published in numerous newspapers and magazines, including The Gainesville Sun, The North Florida Herald, The Independent Florida Alligator, and the Medical Tourism Magazine. Daniela then worked as a freelance reporter for the Miami Herald prior to attending law school.

 

As an active member of the community, Daniela sings in the Master Chorale of South Florida, a non-profit symphony chorus. Daniela also served on the Board of Directors for the Broward County Bar Association Young Lawyers Division for two years, where she helped to raise money for various charities in Broward County. Daniela is also the philanthropy chair for the Emerging Leaders Initiative of NAMWOLF.

Daniela Abratt | About Thomas & LoCicero | TLo Law | Thomas and LoCicero

Now more than ever, a free press is vital to the preservation of our democracy. I feel privileged to work fighting to ensure the press indeed remains free, robust, and unencumbered in its critical and insatiable pursuit for truth.

JD, Florida International University College of Law, Summa Cum Laude, 2015

BS, University of Florida, Cum Laude, 2012

McClatchy Company, LLC v. Florida Department of Children and Families, Case No. 2021-003289-CA-01 (Fla. 11th Jud. Cir. May 2023). Won final summary judgment and attorney’s fees in a public records action to obtain the full case file of a 22-month-old toddler who died while in the custody of DCF. The court agreed that Florida statutes made these records public upon a determination of that the child died of abuse, abandonment, and neglect, determined that DCF wrongfully withheld these records and filed a frivolous appeal, and awarded over $370,000 in trial and appellate fees and costs.

Osborne v. Constructive Resource Inc., Proceeding No. 94002983 (TTAB 2022). Obtained summary judgment in favor of owner of federal trademark registration before U.S. Patent & Trademark Office Trademark Trial and Appeal Board.

Children’s Health Defense v. Facebook Inc., et al., No. 20-cv-05787-SI (N.D. Cal. June 29, 2021).  Represented the Poynter Institute for Media Studies, Inc. in obtaining dismissal of lawsuit brought by anti-vaccine group alleging Poynter, through its PolitiFact fact-checking service and its operation of the International Fact-Checking Network, conspired with Facebook and government authorities to prevent it from promoting its views on Facebook and otherwise diminish its message in favor of government viewpoints on vaccine policy.  All claims alleged under Bivens, Lanham Act false advertising, civil RICO, and a final claim for declaratory relief were dismissed.

Rashid v. Klapwijk, No. 2019-CA-008887-0 (Fla. 9th Jud. Cir. Ct. 2021), aff’d, 350 So. 3d 71 (Fla. 5th DCA 2022) (table), Won dismissal of lawsuit seeking more than 3 million dollars for fraud and breach of guaranty by persuading court that it lacked personal jurisdiction over defendant.

Associated Press v. Agency for Health Care Administration, Case No. 2020 CA 000812 (Fla. 2d Cir. Ct. 2020). Successfully obtained public records regarding COVID-19 infections and deaths present in long-term care facilities in Florida.

Schwarz v. The Villages, Inc., et al., Case No. 5:18-cv-Oc-34PRL (M.D. Fla. Feb. 19, 2020). Obtained a dismissal with prejudice of a defamation claim against a number of corporate entities in The Villages for statements made in a Villages Daily Sun article.

Aubrey v. D Magazine Partners, et. al., Case No. 18-cv-61117, (S.D. Fla. Nov. 9, 2018). Obtaining dismissal of 14-count complaint for defamation, conspiracy, constitutional violations, among others, made against Dallas County, the Dallas County Sheriff’s Department and its spokesperson for providing the press with certain facts related to the investigation into the mysterious death of a Texas attorney and the suspects in the case.

School Board of Broward County v. Cruz and State v. Cruz (Fla. Cir Ct. 2018). Successfully defended the South Florida Sun Sentinel and journalists against contempt petition relating to publication of an unredacted version of an educational assessment report about Parkland shooter Nikolas Cruz.  

Florida

Middle District of Florida

Northern District of Florida

Southern District of Florida

11th Circuit

9th Circuit

Recognitions

  • Florida Super Lawyers, Rising Star in Media and Advertising

Publications

Co-author, Florida Supreme Court Rules Marsy’s Law Does Not Protect Victims’ Names, Media Law Resource Center Media Law Letter (November 2023)

MLRC Media Law Letter: Fla. Cir. Ct. Judge Rejects DCF Bid to Conceal Records of Deceased Toddler (June 2022).

MLRC Media Law Letter: Florida Circuit Court Rules Marsy’s Law Does Not Protect On-Duty Police Officers (July 2020).

MLRC Media Law Letter: Jury Awards $450,000 to Sandy Hook Father in Defamation Case Against Conspiracy Theorist (October 2019)

Florida Supreme Court Declines Review of Order Releasing Parkland Surveillance Videos, MLRC Media Law Letter (August 2018).

U.S. Intervention in Syria: A Legal Responsibility to Protect?, 95 Denv. Law. Rev. 21 (2017).

Appearances

Moderator/Panelist, “OMG! She said what?? #risky,” Annual Meeting, National Association of Minority and Women Owned Law Firms, Chicago, IL (September 2022).

Speaker, ”Sunshine Seminar,” First Amendment Foundation, Fort Lauderdale, FL (December 2019).

Moderator, ”NTV The Real World: Male Allies Edition,” Emerging Leaders Annual Meeting, National Association of Minority and Women Owned Law Firms, Los Angeles, CA (September 2019).

About Daniela

Daniela is an associate in the Fort Lauderdale office with a practice concentration in media and communications law, including defamation, First Amendment, access to public records and open courts, and invasion of privacy. She also focuses on business and commercial litigation and intellectual property matters, including the registration and litigation of copyrights and trademarks.

 

Prior to joining the firm, Daniela served as a law clerk for the Honorable Robin S. Rosenbaum of the U.S. Court of Appeals for the Eleventh Circuit. She also previously served as an associate at a civil litigation firm with a practice in civil rights, products liability, medical malpractice and catastrophic injury cases in both federal and state court.

 

Daniela graduated from the Florida International University College of Law in 2015. While in law school, Daniela clerked at the Florida Supreme Court and the Florida Third District Court of Appeal. She also competed in the Monroe E. Price International Media Law Moot Court Programme, and placed third during the international round at Oxford University in Oxford, United Kingdom. Daniela has served as a judge and coach for this same moot court. She has also served as an Adjunct Professor teaching a legal writing and research course at FIU College of Law.

 

Daniela received her Bachelor of Science in Journalism, with a minor in International Humanitarian Assistance, from the University of Florida in 2012. During that time, her writing was published in numerous newspapers and magazines, including The Gainesville Sun, The North Florida Herald, The Independent Florida Alligator, and the Medical Tourism Magazine. Daniela then worked as a freelance reporter for the Miami Herald prior to attending law school.

 

As an active member of the community, Daniela sings in the Master Chorale of South Florida, a non-profit symphony chorus. Daniela also served on the Board of Directors for the Broward County Bar Association Young Lawyers Division for two years, where she helped to raise money for various charities in Broward County. Daniela is also the philanthropy chair for the Emerging Leaders Initiative of NAMWOLF.

Education

JD, Florida International University College of Law, Summa Cum Laude, 2015

BS, University of Florida, Cum Laude, 2012

Representative Matters

McClatchy Company, LLC v. Florida Department of Children and Families, Case No. 2021-003289-CA-01 (Fla. 11th Jud. Cir. May 2023). Won final summary judgment and attorney’s fees in a public records action to obtain the full case file of a 22-month-old toddler who died while in the custody of DCF. The court agreed that Florida statutes made these records public upon a determination of that the child died of abuse, abandonment, and neglect, determined that DCF wrongfully withheld these records and filed a frivolous appeal, and awarded over $370,000 in trial and appellate fees and costs.

Osborne v. Constructive Resource Inc., Proceeding No. 94002983 (TTAB 2022). Obtained summary judgment in favor of owner of federal trademark registration before U.S. Patent & Trademark Office Trademark Trial and Appeal Board.

Children’s Health Defense v. Facebook Inc., et al., No. 20-cv-05787-SI (N.D. Cal. June 29, 2021).  Represented the Poynter Institute for Media Studies, Inc. in obtaining dismissal of lawsuit brought by anti-vaccine group alleging Poynter, through its PolitiFact fact-checking service and its operation of the International Fact-Checking Network, conspired with Facebook and government authorities to prevent it from promoting its views on Facebook and otherwise diminish its message in favor of government viewpoints on vaccine policy.  All claims alleged under Bivens, Lanham Act false advertising, civil RICO, and a final claim for declaratory relief were dismissed.

Rashid v. Klapwijk, No. 2019-CA-008887-0 (Fla. 9th Jud. Cir. Ct. 2021), aff’d, 350 So. 3d 71 (Fla. 5th DCA 2022) (table), Won dismissal of lawsuit seeking more than 3 million dollars for fraud and breach of guaranty by persuading court that it lacked personal jurisdiction over defendant.

Associated Press v. Agency for Health Care Administration, Case No. 2020 CA 000812 (Fla. 2d Cir. Ct. 2020). Successfully obtained public records regarding COVID-19 infections and deaths present in long-term care facilities in Florida.

Schwarz v. The Villages, Inc., et al., Case No. 5:18-cv-Oc-34PRL (M.D. Fla. Feb. 19, 2020). Obtained a dismissal with prejudice of a defamation claim against a number of corporate entities in The Villages for statements made in a Villages Daily Sun article.

Aubrey v. D Magazine Partners, et. al., Case No. 18-cv-61117, (S.D. Fla. Nov. 9, 2018). Obtaining dismissal of 14-count complaint for defamation, conspiracy, constitutional violations, among others, made against Dallas County, the Dallas County Sheriff’s Department and its spokesperson for providing the press with certain facts related to the investigation into the mysterious death of a Texas attorney and the suspects in the case.

School Board of Broward County v. Cruz and State v. Cruz (Fla. Cir Ct. 2018). Successfully defended the South Florida Sun Sentinel and journalists against contempt petition relating to publication of an unredacted version of an educational assessment report about Parkland shooter Nikolas Cruz.  

Bar Admissions

  • 11th Circuit
  • 9th Circuit
  • Florida
  • Middle District of Florida
  • Northern District of Florida
  • Southern District of Florida

Recognitions

  • Florida Super Lawyers, Rising Star in Media and Advertising

Appearances and Publications

Publications

Co-author, Florida Supreme Court Rules Marsy’s Law Does Not Protect Victims’ Names, Media Law Resource Center Media Law Letter (November 2023)

MLRC Media Law Letter: Fla. Cir. Ct. Judge Rejects DCF Bid to Conceal Records of Deceased Toddler (June 2022).

MLRC Media Law Letter: Florida Circuit Court Rules Marsy’s Law Does Not Protect On-Duty Police Officers (July 2020).

MLRC Media Law Letter: Jury Awards $450,000 to Sandy Hook Father in Defamation Case Against Conspiracy Theorist (October 2019)

Florida Supreme Court Declines Review of Order Releasing Parkland Surveillance Videos, MLRC Media Law Letter (August 2018).

U.S. Intervention in Syria: A Legal Responsibility to Protect?, 95 Denv. Law. Rev. 21 (2017).

Appearances

Moderator/Panelist, “OMG! She said what?? #risky,” Annual Meeting, National Association of Minority and Women Owned Law Firms, Chicago, IL (September 2022).

Speaker, ”Sunshine Seminar,” First Amendment Foundation, Fort Lauderdale, FL (December 2019).

Moderator, ”NTV The Real World: Male Allies Edition,” Emerging Leaders Annual Meeting, National Association of Minority and Women Owned Law Firms, Los Angeles, CA (September 2019).