Dan is an experienced litigator who handles a wide range of commercial litigation matters, arbitrations and appeals, including class actions, antitrust, breach of contract, fraud, real property litigation, election law litigation, business disputes and business torts, and professional malpractice. Dan has experience managing complex and high-stakes litigation in both state and federal courts, including matters with substantial e-discovery issues. Dan also has substantial trial experience, including as co-lead counsel in a jury trial before the U.S. District Court for the Northern District of New York. Previously, Dan was an associate at a large national firm where he worked on high profile commercial litigation matters representing a multitude of industries in state and federal courts.
- Obtained grant of summary judgment with regard to constitutional claims brought by multiple political parties challenging party qualification changes to New York Election Law, which were affirmed on appeal by the Second Circuit.
- Secured dismissal of Title IX action brought by the Office of the Attorney General against a school district based upon lack of parens patriae standing.
- Secured dismissal of Section 1983 claims asserted by parents against six school district superintendents related to COVID-19 mask mandates.
- Obtained jury verdict for plaintiff and secured dismissal of all counterclaims in trial involving claims related to a rural real property dispute.
- Obtained order denying motion for preliminary injunction and declaration upholding constitutionality of newly-enacted provisions of New York Executive Law establishing Commission on Ethics and Lobbying in Government.
- Obtained reversal on emergency appeal to Appellate Division, Second Department from trial court ruling that candidate for county legislature was prohibited from running for office based upon county term-limit legislation.
- Secured dismissal of all claims against telecommunications contractor by former subcontractor in Afghanistan arising out of alleged tortious interference with subcontractor’s employees.
- Obtained writ of prohibition against county court judge from Appellate Division, Third Department to prevent wrongful assertion of geographical jurisdiction in criminal case.
- Secured nation-leading settlement for energy supply company in class action lawsuit involving several hundred thousand putative class members asserting claims of deceptive trade practices and breach of contract relative to marketing and pricing of energy supply.
- Secured emergency temporary restraining order and preliminary injunction on behalf of school district compelling school bus company to comply with student transportation contract.
- Secured dismissal of claims brought by Village against apartment complex owner claiming that improper tax exemptions were granted to property owner.
- Obtained summary judgment on behalf of property owners facing claims based upon decades-old royalty agreement related to mining on the property.
- Secured dismissal of third-party claims against siding manufacturer in New Jersey Superior Court based upon previous class action settlement.
- Secured dismissal of fraud and quasi-contract claims against contractor arising from intra-family sale of landfill.
- Obtained a favorable jury verdict for a mortgage servicer in federal class action lawsuit involving claims of improper fee sharing.
- Represented a securities trustee in action against a multi-national pharmaceutical company concerning investors’ rights in a publicly-traded security.
- Successfully resolved an antitrust class action for an international investment bank concerning alleged anticompetitive behavior in the market for credit default swaps.
- Obtained multiple favorable rulings in highly-litigated bankruptcy proceedings for a national homebuilder defending actions brought by numerous homeowners associations.
- Represented one of the world’s largest rating agencies in litigation by private litigants and government entities in numerous federal and state courts concerning structured finance securities, including residential mortgage-backed securities and collateralized debt obligations.
- Handled investigations for multi-national companies in connection with subpoenas served by the Securities and Exchange Commission and Department of Justice concerning alleged violations of the Foreign Corrupt Practices Act.
Select Reported Decisions:
- SAM Party v. Kosinski, 483 F. Supp. 3d 245, 265 (S.D.N.Y. 2020), aff’d 987 F.3d 267, 271 (2d Cir. 2021).
- Libertarian Party of N.Y. v. N.Y. Bd. of Elections, 539 F. Supp. 3d 310 (S.D.N.Y. May 13, 2021), aff’d 2022 U.S. App. LEXIS 29004, at *1 (2d Cir. Oct. 19, 2022).
- People v. Niagara-Wheatfield Cent. Sch. Dist., 2022 U.S. Dist. LEXIS 64157, at *1 (W.D.N.Y. Apr. 6, 2022).
- Mongielo v. Hochul, 2023 U.S. Dist. LEXIS 34088, at *2 (W.D.N.Y. Mar. 1, 2023).
- Lavine v. State of New York, 2023 WL 2003630 (Onondaga Sup. Ct. 2023).
- Matter of Doyle v. Browning, 194 A.D.3d 775 (2d Dept. 2021).
- Rana Techs. Enters. v. L3Harris Techs. Inc., 2021 U.S. Dist. LEXIS 7703, at *2 (W.D.N.Y. Jan. 14, 2021).
- Matter of Gentner v. Hall, 193 A.D.3d 1129 (3d Dept. 2021).
- In re Orleans Homebuilders, 2016 WL 6882831 (Bankr. D. Del. Nov. 21, 2016) and In re Orleans Homebuilders, 2017 WL 665953 (Bankr. D. Del. Feb. 17, 2017).
- Varga v. McGraw Hill Financial, Inc., 147 A.D.3d 480 (1st Dep’t 2017).
- IBEW Local 90 Pension Fund v. Deutsche Bank AG, 2013 WL 1223844 (S.D.N.Y. March 27, 2013).