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Dan Yanofsky is a litigator in the firm’s Boston office. Dan represents plaintiffs and defendants in all phases of litigation and enforcement proceedings, from pre-suit strategic development through trial and appeal. His practice focuses on commercial disputes, corporate-governance and transactional litigation, and securities matters.
Prior to joining the firm, Dan served as a law clerk to Judge Raymond W. Gruender, U.S. Court of Appeals for the 8th Circuit. Before clerking, Dan worked as an assistant attorney general at the Administrative Law Division of the Massachusetts Attorney General’s Office. In that capacity, Dan represented state agencies and argued cases in the Massachusetts Appeals Court and Superior Court.
Experience
- Served as trial counsel for leading private equity firm in commercial litigation, obtaining favorable verdict rejecting breach of contract claims.
- Represented leading private equity firm in COVID-related broken deal litigation in Delaware Chancery Court.
- Representing haircare products manufacturer, its offers and directors, and its private equity sponsor in putative securities class action.
- Represented vehicle manufacturer and its officers and directors in successfully resolving parallel state and federal securities actions arising from its IPO, including prevailing on a novel interlocutory appeal.
- Secured dismissal of all claims brought against pharmaceutical company and its officers and directors in federal securities action arising from the alleged failure to disclose adverse events just prior to the company’s IPO.
- Representing nonprofit health care system in multiple civil class actions related to tying, anti-steering contracts, price transparency provisions, and other alleged antitrust violations.
- Defending several national retail pharmacies against health plans’ claims that the pharmacies submitted fraudulent prices for millions of prescription payment claims.
- Represented founder of leading energy metals company in commercial litigation against co-founder and business partner in various proceedings in Delaware Chancery Court.
- Defended independent directors of public company in state and federal shareholder derivative actions alleging breaches of fiduciary duties related to the public company’s internalization of its asset manager.
- Represented director and officer of national agricultural producer in complex derivative action involving asserted breaches of fiduciary duties.
- Represented group of homeowners in high-profile real estate dispute against individuals seeking to prevent the homeowners from building a causeway to provide access to their properties; secured complete dismissal of all claims in actions before the Massachusetts Superior Court and Land Court, and prevailed in multiple regulatory challenges.
- Represented medical device company in connection with a criminal and civil investigation by the Department of Justice regarding alleged violations of the Anti-Kickback Statute.
- Representing plaintiffs in the New York federal class action Dorce v. City of New York challenging the constitutionality of New York City’s property seizures under its Third Party Transfer program.