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Dan is co-chair of the firm’s commercial litigation practice. He focuses his practice on securities litigation and enforcement matters, transactional disputes, and other complex commercial disputes, including the representation of private equity firms and their portfolio companies, hedge fund advisors, public companies, and boards of directors. In addition to active litigation and enforcement matters, Dan regularly advises clients on pre-transaction risks arising from potential litigation or securities enforcement issues. Prior to joining the firm, Dan worked as a law clerk to Honorable Boyce F. Martin, Jr., of the U.S. Court of Appeals for the Sixth Circuit.
Experience
- Represented Exactech, Inc., and its affiliated debtors in their pending chapter 11 cases involving the restructuring of more than $350 million of prepetition debt, as well as additional prepetition liabilities; Exactech’s chapter 11 cases are supported by an $85 million debtor in possession credit facility and a stalking horse bid, which remains subject to higher and better offers, for substantially all of the debtors’ assets.
- Represented a major private equity firm in a securities class action involving allegedly undisclosed FDA compliance problems at a publicly traded portfolio company, leading a successful motion to dismiss non-disclosure and insider trading allegations against our client and two other private equity sponsors, and securing dismissal of related shareholder derivative claims.
- Successfully represented a public biopharmaceutical company in obtaining dismissal of securities class action alleging non-disclosure of adverse FDA feedback regarding clinical trial data.
- Represented a publicly traded mental health service provider in a securities class action alleging disclosure violations arising from company’s IPO.
- Represented a private equity firm in a contract dispute with a public company regarding payment obligations under a Tax Receivables Agreement.
- Represented a SPAC sponsor in a transactional dispute regarding post-signing breaches of business combination agreement.
- Trial counsel for an investment bank in a widely publicized five-week jury trial about the bank’s role as financial adviser in connection with a $600 million all-stock sale to a Belgian firm, prior to the revelations of that firm’s accounting fraud and its eventual bankruptcy. The trial culminated in a complete verdict for our client.
- Trial counsel for an official committee of unsecured creditors in a bankruptcy court hearing regarding the debtors’ proposed plan of reorganization.
- Successfully defeated a motion for a preliminary injunction on behalf of a real estate developer in a dispute arising out of commercial tenant’s financing obligations.
- Counsel for numerous private equity, hedge fund, venture capital, and public company clients in corporate governance and transactional disputes, including indemnity claims.
- Represented public companies, investment advisers, and investment banks in SEC and state regulatory investigations involving accounting practices, securities trading practices, and disclosure-related matters.
- Trial counsel for a transgender Massachusetts prisoner in a civil rights case challenging the adequacy of client’s medical care, resulting in a permanent injunction and invalidation of unconstitutional policies prohibiting certain medical treatments.