Dan Bress is a partner in Kirkland’s Washington office. His practice focuses primarily on complex litigation and appellate litigation in federal and state courts across the country. Dan has represented clients in litigation matters involving class actions, government fraud, commercial disputes, products liability, securities fraud and employee benefits. He has been involved in cases in the U.S. Supreme Court, the U.S. Court of Appeals for the Third, Fourth, Ninth, and Federal Circuits and in state and federal trial courts in California, New Jersey, Arizona and throughout the United States. His experience includes all aspects of litigation, including appeals, motions practice and discovery. Representative clients include BASF, Honeywell, Boeing, Raytheon and Wyndham.
Prior to joining Kirkland, Dan served as a law clerk to Justice Antonin Scalia of the Supreme Court of the United States and Judge J. Harvie Wilkinson III of the United States Court of Appeals for the Fourth Circuit. Dan has also served as a Lecturer at the University of Virginia School of Law, where he teaches a seminar on statutory interpretation.
Williams v. BASF Catalysts LLC. Obtained complete dismissal with prejudice of nationwide RICO class action alleging multi-decade fraud on litigants and courts in asbestos litigations across the country. 2012 WL 6204182 (D.N.J. Dec. 12, 2012).
Amar Shakti Enterprises v. Wyndham Worldwide. Represented Wyndham in putative nationwide class action brought by hotel franchisees challenging Wyndham Rewards, Wyndham's customer loyalty program. After substantially narrowing the case with favorable rulings on motions to dismiss, plaintiffs voluntarily dismissed their case with prejudice after class discovery.
Robinson v. Raytheon: Currently serving as counsel for Raytheon in a putative class action in federal court brought by Raytheon employees working in Kuwait, alleging violations of Kuwaiti labor laws.
United States v. Honeywell International Inc.Currently serving as counsel for Honeywell in False Claims Act case brought by the U.S. Department of Justice accusing Honeywell of selling allegedly defective ballistic material used in body armor worn by law enforcement officers.
Jaffe v. Samsung Electronics: Counsel for Samsung in successful Fourth Circuit appeal concerning the attempted revocation of patent cross-licenses in a Chapter 15 bankruptcy proceeding.
Evergreen Int'l Airlines v. Boeing. Counsel for Boeing in significant contract dispute concerning termination of Evergreen as operator of Boeing's Dreamlifter aircraft, which transport fuselage sections of the 787 Dreamliner for assembly. Won motion to dismiss the wrongful termination claim; case later voluntarily dismissed with prejudice.
Raytheon v. Indigo Systems. Counsel for Raytheon in case alleging misappropriation of trade secrets relating to Raytheon technology for infrared cameras. Entered case after district court granted summary judgment against Raytheon; obtained reversal of summary judgment in U.S. Court of Appeals for the Federal Circuit. 688 F.3d 1311 (Fed. Cir. 2012).
New England Biolabs v. Picone: Counsel for New England Biolabs in appeal involving former employees who misused company trade secrets to create competing enzyme products.
Sullivan v. Argon ST and Boeing. Counsel for Boeing in shareholder action seeking to enjoin Boeing's acquisition of Argon ST in the summer of 2010. Secured voluntary dismissal of the action, avoiding an injunction and allowing the transaction to close without interruption.
BASF Talc/Asbestos Cases. Represent BASF and develop coordinated litigation strategy in lawsuits pending in federal and state court in 20 states claiming exposure to alleged asbestos in a talc product.
Romo v. Teva Pharmaceuticals: Currently serving as counsel for Teva in en banc proceedings in the Ninth Circuit on the question of whether certain coordinated personal-injury actions relating to the drug propoxyphene are removable to federal court under the Class Action Fairness Act.
Continental Flight 1404 Litigation. Served as counsel for Boeing in multiple products liability suits concerning the accident involving Continental Flight 1404, which veered off the runway during takeoff from Denver International Airport in December 2008. Successfully obtained dismissals with prejudice in all cases.
Labor and Employment
Raytheon ERISA Litigation. Represent Raytheon in the Ninth Circuit and federal court in Arizona in ERISA litigation relating to retiree health benefits at Raytheon Tucson missile facility.
Regular participant in moot courts for cases being argued at the U.S. Supreme Court, including through the Georgetown Supreme Court Institute.
The Legal 500 U.S. (2012)
Lecturer, University of Virginia School of Law (Textualism and its Critics, Winter 2009)
Administrative Reconsideration, 91 Va. L. Rev. 1737 (2005)
Inherent Administrative Reconsideration: Inherently Unfair?, 30 Admin. & Reg. L. News 7 (Spring 2005)