Overview

Dan is an experienced litigator in Mayer Brown’s New York Litigation and Dispute Resolution Practice.  He has successfully represented major financial institutions and pharmaceutical companies in complex commercial litigation in state and federal courts, including at the appellate level. Dan also has extensive arbitration experience and has successfully represented clients under the Commercial Rules of the American Arbitration Association and International Centre for Dispute Resolution. Dan’s experience includes, but is not limited to:

  • Trials: Obtained an outright victory for The Bank of New York Mellon in its first major residential mortgage-backed securities (RMBS) action in its role as RMBS trustee.  Represented CIBC in a trial spanning more than 6 weeks before the United States District Court for the Southern District of New Jersey.  Successfully co-chaired a trial defending a pro bono client against charges that would have deprived her of custody of her infant son and potentially aided criminal charges against her.
  • Arbitrations/Mediations: Successfully defended Merck & Co., Inc. in an arbitration with more than 3 weeks of arbitration hearings; obtained a complete victory for Merck against a claim seeking just under $150 million in damages.  Successfully mediated a lawsuit brought by our client, a major pharmaceutical company, and obtained a favorable settlement in excess of $300 million.  Represented Curtis International, Ltd. in an arbitration under the International Centre for Dispute Resolution and currently working to finalize a settlement in the action following successful mediation.
  • Appellate Experience: Filed appellate briefs on behalf of a major pharmaceutical company to revive a complaint handled by other counsel which ultimately resulted in a favorable settlement of the lawsuit.  Represented First Advantage Corporation and related entities in an appeal before New York’s Appellate Division, First Department.  Successfully defended appeal of Merck’s arbitration award heard by the Southern District of New York.
  • Investigations: Represented individuals and corporations, including major financial institutions and pharmaceutical companies, in connection with criminal and regulatory investigations and related civil proceedings, including government subpoenas and third-party litigation subpoenas.
  • General Commercial Litigation: Extensive experience representing major financial entities and pharmaceutical companies against claims including, but not limited to, breach of contract, fraud, fraudulent inducement, tortious interference with contract, and injunctive relief.  An expert in all aspects of civil discovery, including, but not limited to, search term negotiations, discovery requests and responses, document review and productions, and expert discovery.  Experience drafting pleadings, dispositive motions, post-trial and appellate briefings.  Extensive experience preparing for and assisting with complex commercial trials.

Dan joined Mayer Brown after graduating cum laude from St. John’s University School of Law where he served as Senior Articles Editor of the St. John’s Law Review.  Before graduating from law school, Dan worked as a judicial extern for the Honorable Dennis R. Hurley of the Eastern District of New York. Dan received his B.A. from Providence College, obtaining a major in Political Science and a minor in Spanish, both with honors.

Areas of Focus

Experience

Notable Trial Experience

  • Represented The Bank of New York Mellon in the first trial of noteholders against a residential mortgage-backed securitization trustee. Secured complete victory after a four-week bench trial, defeating all claims for liability and more than $100 million in damages. Western & Southern Life Ins. Co. v. The Bank of New York Mellon, No. A1302490 (Ohio Ct. Common Pleas, Hamilton Cty. Aug. 4, 2017).
  • Successfully co-chaired a trial defending a pro bono client against charges that would have deprived her of custody of her infant son and potentially aided related criminal charges being pursued against her. In re Johnson, JD-2016-551 (Tulsa Cty., D. Ct., Juvenile Div. 2016).
  • Represented CIBC in a trial spanning more than 6 weeks before the United States District Court for the Southern District of New Jersey. Grande Village LLC, et al. v. CIBC, Inc. et al., No. 14-3495 (S.D.N.J. 2015) (resolution pending)

Notable Arbitrations/Mediations

  • Successfully defended Merck & Co., Inc. in an arbitration including more than 3 weeks of arbitration hearings. Obtained a complete victory and defeated a claim seeking almost $150 million in damages.  Also successfully defended Merck’s arbitration award on appeal before the Southern District of New York. Merck & Co., Inc. v. Pericor Therapeutics, Inc., No. 16-cv-00022 (S.D.N.Y. 2016)
  • Presently drafting a settlement after the successful mediation of an arbitration on behalf of Curtis International Ltd.  The arbitration was under the jurisdiction of the International Centre of Dispute Resolution as the international arm of the American Arbitration Association.
  • Successfully mediated claims brought by Mayer Brown’s client, a major pharmaceutical company, obtaining a settlement in excess of $300 million.

Notable Settlements or Dispositive Victories

  • Represented The Bank of New York Mellon in lawsuit by noteholders against the Bank in its position as residential mortgage-backed securitization trustee.  Secured a complete victory for the Bank of New York Mellon on motion for summary judgment, defeating all claims for liability. American Fidelity Assurance Company v. Bank of New York Mellon, No. 11-cv-01284-D (W.D. OK 2018).
  • Represented Frontier Communications Corp. in a FCRA claim.  Successfully negotiated and reached a confidential settlement with plaintiffs’ counsel. Klein v. Equifax Inf. Servs., LLC et al, No. 18-cv-03823-DLI-SJB (E.D.N.Y. 2018).
  • Drafted successful motion to dismiss on behalf of NCR Corporation resulting in the plaintiff voluntarily dismissing all claims against NCR with prejudice.  ActV8, Inc. v. NCR Corp. et al., No. 16-cv-02085-KBF (Dkt. No. 29) (S.D.N.Y. 2016).
  • Presently represent The Bank of New York Mellon in lawsuit by noteholders against the Bank in its position as residential mortgage-backed securitization trustee.  Secured a partial victory for The Bank of New York Mellon on motion for summary judgment. Phoenix Light SF Ltd. et al. v. The Bank of New York Mellon, No. 14-cv-10104 (VEC) (S.D.N.Y. 2017).

Notable Expertise

  • Resident expert of e-Discovery in Mayer Brown’s New York litigation practice. Manage and coordinate document reviews and productions involving multiple parties, extensive search terms and custodians, and millions of documents on a daily basis.  Consistently communicate with clients regarding document retention, retrieval, and cost savings initiatives.
  • Extensive experience preparing and assisting with complex commercial trials.  

Education

St. John's University School of Law, JD, cum laude, Senior Articles Editor, St. John’s Law Review

Providence College, BA

Admissions

  • New York
  • New Jersey

Court

  • US District Court for the Southern District of New York
  • US District Court for the Eastern District of New York