Proven hustle. Unrivaled grit. Bold execution.
Daniel has spent years on the front lines of high-stakes litigation in both federal and state courts throughout the country, coast to coast, and international arbitrations around the world. He is equally comfortable in a courtroom talking to a jury as he is in a boardroom talking to executives or on a gravel road talking to witnesses. Daniel uses a combination of experience, intellect, grit, and compassion to achieve his client’s goals.
Daniel’s excellent work and achievements are regularly recognized in various peer- and industry-driven rating publications. Those honors include being named “Attorney of the Year” in 2020 by Texas Lawyer, called a "Winning Litigator" by National Law Journal, and listed as a "Leading Plaintiff Financial Lawyer" a "Leading Plaintiff Consumer Lawyer" and a "Leading Litigator" by Lawdragon. And he backs up those honors by actually winning in court day-by-day, including recently earning jury verdicts of $30,718,873 in Dallas County for a fraud claim and $41,000,000 in Denver District Court for an oil & gas matter.
Daniel’s breadth of experience goes deep. He has handled antitrust, breach of contract, business torts (like fraud, trade secret misappropriation, executive employment disputes, and unfair competition), to government takings claims, consumer protection issues, oil and gas disputes of many types, class actions, fraud, insurance bad faith, and wrongful death. His docket has also included nearly every type of procedural and jurisdictional challenges such as removal and remand, class certification, venue transfers, forum non conveniens, temporary restraining orders, temporary injunctions, and appeals.
After his federal appellate clerkship, Daniel joined a nationally recognized litigation boutique firm where he became a partner. He left to pave his own path by co-founding Burns Charest with a goal of developing a team of skilled, trial-savvy lawyers together as a team. The Burns Charest team is modeled after his watchwords: efficiency and effectiveness.
Outside work, Daniel is a proud husband to Melanie and father to Madeline and John.
Honors
Committee Member, Pattern Jury Charges – Oil and Gas Committee, State Bar of Texas (2019-2021)
Fellow, Litigation Counsel of America (since 2020)
Fellow, American Bar Foundation (since 2020)
Recognized for a Top 100 Verdict in the nation by the National Law Journal (2022)
Member, Trial Law Institute - Litigation Counsel of America (2022)
Member, Diversity Law Institute - Litigation Counsel of America (2022)
“Attorney of the Year” by Texas Lawyer (2020)
Ranked for “Litigation: General Commercial - Texas: Dallas, Fort Worth & Surrounds” by Chambers USA (2021-2023)
Named “Winning Litigator” by National Law Journal (2020)
Named “Litigation Star” by Benchmark Litigation: The Definitive Guide to America’s Leading Litigation Firms & Attorneys (2020-2024)
Named “Leading Plaintiff Financial Lawyer” by Lawdragon (2021-2023)
Named “Leading Plaintiff Consumer Lawyer” by Lawdragon (2021-2024)
Named "Leading Litigator" by Lawdragon (2023)
Recognized as among “Best Lawyers in Dallas” by D Magazine (2020-2021, 2023-2024)
Recognized by Super Lawyers (2019-2023)
Recognized by Best Lawyers in America (2017-2023)
Barrister, Order of Veritas - Litigation Counsel of America (2022)
Managing Editor of the Tulane Law Review (2003-2004)
Order of the Coif (2004)
Chief Mate, unlimited tonnage, U.S. Coast Guard
Lieutenant Commander, U.S. Navy (Reserve), with an honorable discharge
Authored the published comment, A Fresh Look at the Treatment of Vessel Managers Under COGSA, 78 Tul. L. Rev. 885 (2003)
Speaking Engagements
”Drilling in the Courtroom: Calculating Damages in Oil and Gas Disputes,” 69th Annual Institute, Foundation for Natural Resources and Energy Law, Oil & Gas Landman Section (July 2023)
"Negative Prices & Royalty Calculations,” Oil and Gas Disputes 2020; State Bar of Texas, Oil, Gas & Energy Resources Section (January 2020)
“Disputes over Production in Paying Quantities,” CLE Series; Dallas Bar Association, Energy Law Section (June 2019)
“Disputes over Production in Paying Quantities,” Oil and Gas Disputes 2019; State Bar of Texas, Oil, Gas & Energy Resources Section (Jan. 2019)
“Royalty Disputes & Litigation,” 35th Annual Course, Advanced Oil, Gas & Energy Resources; State Bar of Texas, Oil, Gas & Energy Resources Section (Sept. 2017)
“Litigation Trends in the $50 Era,” 2015 Energy and Environmental Law Summit (Oct. 2015)
Representative Cases
Daniel’s experience spans federal and state courts throughout the country, coast to coast, and his international arbitrations span the globe.
• Jerry “Scott” Stockton v. Sun Holdings, Inc., et al., No. CC-19-02768-D (County Court at Law No. 4, Dallas County, Texas).
- Prosecuted fraud claim by Dallas-area man against national-level, Dallas-based franchisee in eight-day jury trial.
- Won jury verdict of $15,618,873.47 in fraud damages and, after bifurcated trial, another verdict totaling $15,100,000.00 in punitive damages. All combined, the jury verdicts reached $30,718,873.47.
- In trial, opened, presented the main fact witness, crossed the main fact witness, and closed.
• GT Resources, LLC v. Black Hills Corporation, No. 2020CV30751, In the District Court for Denver County
- Represented oil & gas plaintiff for claims of breach of good faith and fair dealing and tortious interference with a prospective business advantage involving the award and eventual loss of an oil & gas concession in Costa Rica.
- Obtained $41,000,000 jury verdict after six days of trial (and one day of deliberation).
- In trial, opened, presented the main fact witness, presented the main damages expert, crossed the main fact witness, crossed the main damages expert, and closed.
• In re Upstream Addicks and Barker (Texas) Flood-Control Reservoirs, Sub-Master Docket No. 17-cv-9001L (Fed. Cl.).
- Court-appointed co-lead counsel for Hurricane Harvey upstream flood victims.
- “The largest Fifth Amendment takings cases in history” according to the federal government.
- Led plaintiffs’ trial team to a historic liability trial win against the federal government.
- In trial, opened, presented key witnesses, crossed key witnesses, and closed.
- Won just compensation trial for bellwether plaintiffs.
- Pending appeal in the US Federal Circuit
• Shirley, et al v. Limetree Bay Ventures, LLC et al., No. 1:21-cv-00259-WAL-EAH (D.V.I.)
- Represent pollution victims on the western half of St. Croix whose homes were sprayed with oil during failed attempts to re-start a refinery on St. Croix.
- Obtained mandatory injunctive relief requiring defendant, Limetree Bay Terminals, to provide clean drinking water to thousands of St. Croix residents.
- Led plaintiffs’ trial team, including presentation and cross examination of multiple witnesses, through two separate multi-day evidentiary hearings for injunctive relief.
- Handled closing arguments after evidentiary hearings, which led to the relief requested.
• Kosmos Energy Sao Tome and Principe v. ERHC Energy, Inc., No. 201771987 (157th District Court, Harris County, Texas), and Kosmos Energy Sao Tome and Principe v. ERHC Energy (BVI), LTD, No. 23177/TO (ICC International Court of Arbitration).
- Led international arbitration and a Texas State Court action in a fight over rights to a deep-water offshore drilling block off the coast of Africa.
- Obtained temporary injunction in Texas State Court and permanent injunctive relief from the ICC arbitration panel in London to preserve the deep-water offshore asset for the client.
- Total victory for Burns Charest client after multi-day arbitration proceeding in London.
- In arbitration, presented key third-party witness and damages expert and crossed damages expert.
• Scola v. Facebook Inc. and Pro Unlimited Inc., No. 18-CIV05135 (Superior Court, San Mateo County, California).
- Represented a class of nearly 14,000 content moderators who suffered injuries in the course of their work on behalf of Facebook.
- Class settlement approved for $52 million plus injunctive relief for current content moderators.
• In re LTL Management, LLC, No. 21-30589-MBK (D.N.J. Bankr.).
- Worked from “First Day” Hearings through TRO and temporary injunction phases to limit effects of bankruptcy on talcum powder ovarian cancer claims.
- Obtained transfer from venue of debtor’s choice to appropriate venue.
- Fighting against Johnson & Johnson’s efforts to employ the “Texas two-step” bankruptcy procedure to avoid liability for over 38,000 talcum powder ovarian cancer victims.
• Kay Brooke-Willbanks v. Flatland Mineral Fund, LP, et al. and Intervenor Expedition Royalty Company, LLC, No. 53258-A (118th District Court, Howard County, Texas).
- Intervened in royalty dispute and obtained summary judgment on behalf of mineral buyer, Expedition Royalty Company.
- Confirmed ownership interests free and clear of other claims.
- Affirmed on appeal to 11th Court of Appeals, No. 11-21-00105-CV.
- Settled on remand.
• Doe v. YouTube, Inc., No. 4:20-cv-07493-YGR (N.D. Cal).
- Represented class of roughly 1300 content moderators who suffered injuries in the course of their work for YouTube.
- Class settlement approved for $4.3 million plus injunctive relief for current content moderators.
• Whitton Petroleum Services Ltd. v. Tavakoli, Plan Administrator (In re: Cobalt Int’l Energy, Inc.), No. 17-36709(MI), Adv. No. 18-03172 (S.D. Tex. Bankr.).
- Led team to recover multi-million-dollar claim in the Cobalt International Energy bankruptcy.
- Oversaw both international arbitrations to validate the claim amount and bankruptcy adversary proceeding to challenge six billion dollars as intercompany payables and over two billion dollars as intercompany receivables.
- Achieved favorable settlement for Burns Charest client.
• Devillier v. The State of Texas, No. 3:20-cv-00223 (S.D. Tex.).
- Representing a proposed class of landowners whose private property was used to store detained storm water.
- Defeated defendant’s motion to dismiss (argued and pending decision by US Supreme Court).
• Novoa, et al. v. The GEO Group, Inc., No. 5:17-cv-02514 (C.D. Cal.).
- Representing classes of thousands of detainees for minimum wage and forced labor claims.
- Defeated defendant’s motions to dismiss.
- Obtained affirmative summary judgment ruling in favor of the class that provides for payment of California minimum wages to detained immigrants in GEO facility.
• In re Chesapeake Barnett Royalty Litigation #2, MDL No. 48-000000-15 (48th District Court, Tarrant County, Texas)
- Served as co-liaison counsel for all royalty plaintiffs.
- Represented royalty plaintiffs, including the largest royalty buyers in the Barnett Shale and mineral owners, including the largest mineral owner in the United States.
- Obtained settlements for all clients against all non-bankrupt defendants.
• Bell Textron, Inc. v. Drennan and Hyundai America Technical Center, Inc., No. 96-316532-20 (96th District Court, Tarrant County, Texas).
- Represented key executive and his team as they transitioned to new employment under noncompete agreement.
- Secured favorable settlement that allowed desired work at new position.
• WEH-SLMP Investments, LLC, et al. v. Wrangler Energy, LLC, et al., No. 01-18-0002-8763 (American Arbitration Association).
- Represented oil & gas acquisition funder in dispute with funded mineral acquisition team.
- Led trial team through defense of TRO application, motion to compel arbitration, and accelerated discovery in advance of arbitration.
- Achieved total victory for Burns Charest client after multi-day arbitration proceeding.
- In arbitration, opened, presented main fact witness, crossed main fact witness, and closed.
• In re Asbestos, Catalyst, and Silica Toxic Dust Exposure Litigation, (U.S.V.I. Superior Court.).
- Representing several hundred individual workers exposed to asbestos while working in a refinery on St. Croix, U.S.V.I.
- Achieved favorable settlement for hundreds of clients.
- Working to advance other clients’ claims.
• Black Stone Minerals Company, LP, et al. v. Chesapeake Louisiana, LLC et al., No. 77645-A (42nd District Court, DeSoto Parish, Louisiana), and Black Stone Minerals Company, LP v. Chesapeake Operating, LLC et al., No. DC-C201600447 (249th District Court, Johnson County, Texas).
- Represented the largest mineral owner in the United States in gas royalty underpayment case.
- Led trial team through discovery, experts, summary judgment, and pretrial preparations.
- Achieved favorable settlement for Burns Charest clients on the eve of trial.
• Trinity Valley School, et al. v. Chesapeake Operating Inc., et al., No. 3:13-cv-01082-K (N.D. Tex.).
- Represented Ed Bass, related Bass entities, and associated royalty owners in gas royalty underpayment case.
- Led trial team through discovery, experts, summary judgment, and pretrial preparations.
- Secured summary judgment on liability for Burns Charest clients.
- Achieved favorable settlement for Burns Charest clients on the eve of trial.
Additional Cases and Results
• IOG Resources, LLC v. Staghorn STACK, LLC and Staghorn Petroleum II, LLC, No. DC-20-06899 (192d District Court, Dallas, County, Texas) (obtained dismissal for Burns Charest clients).
• Dunlap v. Reese, No. 324-692290-20 (324th District Court, Tarrant County, Texas) (summary judgment for Burns Charest pro bono client).
• PNC Bank, National Association, in its sole capacity as a co-trustee of The Addison H. Gibson Foundation v. Permian Resources Operating, LLC, No. 23-01-24635-CVR (143rd District Court, Reeves County, Texas) (favorable settlement for Burns Charest client in royalty late-payment/interest case).
• Turtle Creek Exploration, LLC v. Roan Resources LLC and Citizen Energy III, LLC, No. CJ-2019-288 (District Court of Grady County, Oklahoma) (favorable settlement for Burns Charest client royalty late-payment/interest case).
• HSB Solomon Associates LLC v. Patriotic Energies and Technologies Co. LTD., et al, No. DC-21-06593 (68th District Court, Dallas County, Texas) ($1.5 million summary judgment for Burns Charest client, plaintiff, in dispute regarding services rendered in acquisition of Trinidad oil refinery).
• Astro Technology Group LLC v. Trident Equatorial Guinea, Inc., No. 4:21-cv-03483 (S.D. Tex.) (removed action and successfully compelled international arbitration on behalf of Burns Charest client, defendant).
• Red, White, and Blue, Inc. Ltd. v. Dominion Voting Systems Corp., No. 471-01884-2022 (471st District Court, Collin County, Texas) (summary judgment for Burns Charest client, defendant, followed by favorable settlement).
• Turtle Creek Exploration, LLC v. Roan Resources LLC and Citizen Energy III, LLC, No. CJ-2019-288 (District Court of Grady County, Oklahoma) (favorable settlement for Burns Charest client).
• Kay Brooke-Willbanks v. Energen Resources Corp., No. 53258 (118th District Court, Howard County, Texas) (summary judgment for Burns Charest client).
• Cara Nichols and Cynthia Morris v. Fireborn Energy LLC, No. 6:19-cv-154 (E.D. Ky.) (summary judgment for Burns Charest clients).
• Turtle Creek Exploration, LLC v. Stack Energy Partners, LLC, No. CJ-2019-9 (District Court of Grady County, Oklahoma) (summary judgment on liability for Burns Charest client).
• Cara Nichols and Cynthia Morris v. Nomad Land and Energy Resources, LLC, No. 53695 (118th District Court, Howard County, Texas) (summary judgment for Burns Charest clients).
• Expedition Royalty Co. LLC v. Nomad Land and Energy Resources, LLC, No. DC-18-17113 (191st District Court, Dallas County, Texas) (summary judgment for Burns Charest client).
• McNeill v. Citation Oil & Gas Corp., No. 6:17-cv-00121-KEW (E.D. Okla.) (class action settlement approved for $2.875 million).
• Beck v. Texas Dow Employees Credit Union, No. 202070129 (152d District Court, Harris County, Texas) (class action settlement approved for cash payment of $4,000,000 and forgiveness of $1,255,398 in uncollected fees).
• Dodge Resource Partners, LLC v. Zahav Land Group, LLC, No. DC-CV54372 (142nd District Court, Midland County, Texas) (summary judgment for Burns Charest client).
• Four Leaf Ventures, LLC and Ibarguengoytia v. DFW POP Restaurants, LLC, et al., No. DC-17-13178 (95th District Court, Dallas County, Texas) (favorable settlement for Burns Charest clients).
• Dilworth v. Chesapeake Operating, LLC, No. M-16-0011-CV-C (343rd District Court, McMullen County, Texas) (favorable settlement for Burns Charest client).
• Mueller v. SCOOP Energy Company Holdings, LLC, et al., No. CJ-2016-5774 (District Court of Oklahoma County, Oklahoma) (summary judgment on liability for Burns Charest client) (favorable settlement for Burns Charest clients on eve of trial).
• In re Crude Oil Commodity Futures Litigation, No. 11-cv-3600 (S.D.N.Y.) (class action settlement approved for $16.5 million).
