Washington, District Of Columbia 20005
has represented clients -- including AOL, Ally Financial, BASF, Charter Communications, and Chesapeake Energy -- on a variety of commercial and financial litigation, oil and gas disputes, and technology matters. Dan tries cases and has secured significant victories for plaintiffs and defendants in high-stakes civil matters before judges, juries and arbitration panels across the country. Dan is also active in diversity and pro bono efforts at the Firm.
Over the past several years, Dan has achieved successful results for his clients in numerous matters, especially trial and injunction hearings. In 2013, Dan secured judgment for an oil and gas producer in a series of cases preventing termination of leases in Utica Shale that was affirmed by the Sixth Circuit. In 2012, Dan defeated a request for a preliminary injunction seeking to enjoin the installation of a natural gas related facility. In 2011, Dan successfully represented Innkeepers USA Trust against a private equity investor for failing to close a $1.1 billion acquisition of a hotel portfolio due to an alleged material adverse effect. The litigation was closely tracked and noted in The Wall Street Journal and The New York Times. In 2011, Dan also recovered millions of dollars for Agility Defense & Government Services against a government contractor.
In 2009, Dan represented Charter Communications in a 19-day trial against claims by its bank lenders that it breached its obligations in connection with more than $11 billion in secured financing and claims by creditors for breaches of fiduciary duties. In what the court characterized as the "most expertly tried" case over which he presided and "one of the most hotly contested confirmation battles ever conducted,” the court found in favor of Charter on all claims. The ruling was affirmed by the United States Court of Appeals for the Second Circuit. The case was spotlighted by the American Lawyer in its AmLaw Litigation Daily.
In 2007 and 2006, Dan represented clients in significant jury trials: a seven-week trial for plaintiff BASF resulting in a $169.9 million jury verdict in a breach of contract case in New Jersey (BASF v. Lyondell); and, a seven-week trial for a corporate defendant resulting in a complete defense verdict in an alleged fraud case in Florida. (Breed v. Honeywell). The jury verdict for BASF was one of the top ten jury verdicts of the year nationwide, according to VerdictSearch. Both cases were identified by The American Lawyer as "Big Suits."
|Areas of Practice||1) Litigation, 2) Commercial Litigation, 3) Antitrust & Competition, 4) Securities & Shareholder Litigation, 5) Restructuring, 6) Energy, 7) Class Action, 8) Mass Tort & Toxic Tort Litigation and 9) Intellectual Property|
|Law School||The George Washington University Law School, J.D., 1996, with Highest Honors|
|Education||Villanova University, B.S., Accounting, 1993, cum laude|
|Bar Member / Association||State bar of District of Columbia,State bar of Ohio|
|Most recent firm||Kirkland & Ellis LLP|
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