Cases
Noteworthy Representations: Represented the National Credit Union Administration as liquidating agent in a series of lawsuits against major financial institutions regarding the sale of residential mortgage-backed securities. The suits were filed in three federal district courts
generated multiple appeals to three Courts of Appeals. Dan was involved in all aspects of the litigation, including drafting the complaints, briefing dispositive motions
appeals, taking
defending fact
expert depositions,
managing discovery. Each suit was resolved prior to trial, with defendants in three suits offering judgment for the full damage dem
plus attorneys' fees. More than $5.1 billion has been recovered.
Successfully briefed
argued against an appeal brought by two groups of objectors to a class action settlement agreement. The settlement agreement concerned overpayments for motor fuel
resolved more than eight years of multi-district litigation. See In re Motor Fuel Temperature Sales Practices Litig., 872 F.3d 1094 (10th Cir. 2017).
Defended Facebook, Inc., against antitrust claims brought by Social Ranger, LLC, relating to social games on Facebook. The case settled shortly before trial. Social Ranger, LLC v. Facebook, Inc. (D. Del.).
Successfully represented iHeartMedia, Bain Capital,
THL in the Delaware Court of Chancery
Delaware Supreme Court with respect to a shareholder derivative action. The action was dismissed on the pleadings by the Court of Chancery,
that ruling was affirmed on appeal by the Delaware Supreme Court. See GAMCO Asset Mgmt. Inc. v. iHeartMedia Inc., 2016 WL 6892802 (Del. Ch. Nov. 23, 2016), aff'd 172 A.3d 884 (Del. 2017).
Briefed
argued a pending appeal on behalf of a criminal defendant whose trial transcript was lost, depriving him of the ability to appeal errors at his trial. See Bush v. Florida, No. 14-12532 (11th Cir. argued May 19, 2016).
Successfully represented AT&T before the Federal Communications Commission with respect to proposed regulations to unbundle set-top cable boxes. The Commission has not enacted the proposed regulations. See Notice of Proposed Rulemaking, In re Exp
ing Consumers' Video Navigation Choices
Commercial Availability of Navigation Devices, FCC 16-18 (Feb. 18, 2016).
Successfully represented a law firm partner in an arbitration dispute against his former firm.