Dan Bress is a partner in Kirkland’s Washington office. His practice focuses on complex trial 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 throughout the United States. Representative clients include Honeywell, United Technologies Corporation, BASF, 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.
Williams v. BASF Catalysts LLC (D.N.J.). Represent BASF in putative nationwide class action alleging multi-decade fraud on litigants and courts in asbestos litigations across the country.
Sumer v. Carrier Corporation (N.D. Cal.); Grassi v. International Comfort Products LLC (E.D. Cal.). Represented leading manufacturer of home air conditioners in putative class actions alleging defects due to copper corrosion. Achieved complete dismissals with prejudice. Grassi v. Int’l Comfort Prods., LLC, 2015 WL 4879410 (E.D. Cal. Aug. 14, 2015); Sumer v. Carrier Corp., 2015 WL 3630972 (N.D. Cal. June 10, 2015); Sumer v. Carrier Corp., 2015 WL 758314 (N.D. Cal. Feb. 20, 2015).
Williams v. United Technologies Corp. (W.D. Mo.). Represent leading manufacturer of home air conditioners in putative class action alleging defects in compressor units.
Amar Shakti Enterprises v. Wyndham Worldwide (M.D. Fla.). 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 (D. Mass.): Counsel for Raytheon in a putative class action in federal court brought by Raytheon employees working in Kuwait, alleging violations of Kuwaiti labor laws. Achieved complete dismissal. Robinson v. Raytheon Technical Services Co., 2014 WL 1784863 (D. Mass. May 2, 2014).
United States v. Honeywell International Inc. (D.D.C.). 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.
DSM Dyneema LLC v. Thagard, et al. (NC). Currently serving as counsel for Honeywell in case alleging that Honeywell misappropriated trade secrets for ballistic materials used in military combat helmets.
Evergreen Int'l Airlines v. Boeing (W.D. Wash.). 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.
Sullivan v. Argon ST and Boeing (E.D. Va.). 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.
Jaffe v. Samsung Electronics: Counsel for Samsung in successful and precedent-setting Fourth Circuit appeal concerning a foreign bankruptcy administrator’s attempt to cancel patent cross-licenses in a Chapter 15 bankruptcy. 737 F.3d 14 (4th Cir. 2013). Successfully opposed certiorari in the U.S. Supreme Court.
Corber v. Xanodyne Pharmaceuticals: Successfully represented Teva in significant 9th Circuit en banc appeal relating to the Class Action Fairness Act (CAFA), with Ninth Circuit agreeing that plaintiffs’ proposal to coordinate hundreds of personal-injury actions in state court triggered removal to federal court under CAFA. 771 F.3d 1218 (9th Cir. 2014) (en banc).
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).
BASF Talc/Asbestos Cases. Represent BASF and develop coordinated litigation strategy in nationwide docket of cases alleging exposure to asbestos in a talc product.
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)
Administrative Reconsideration, 91 Va. L. Rev. 1737 (2005)
Inherent Administrative Reconsideration: Inherently Unfair?, 30 Admin. & Reg. L. News 7 (Spring 2005)