Daniel R. Cellucci

Constellation Brands and certain of its officers and directors, defending in a putative securities class action and related derivative litigations filed in the U.S. District Court for the Western District of New York, in which plaintiffs claim that defendants made alleged misrepresentations regarding the company’s wine and spirits business.

Owl Rock Capital, defending in a suit brought by a minority-owned investment firm in the U.S. District Court for the District of New Jersey against Owl Rock, the State of New Jersey Division of Investment, Blackrock, Cliffwater and others, alleging aiding and abetting fraud, unfair competition, civil conspiracy and aiding and abetting RICO violations, arising from alleged discriminatory conduct by the Division of Investment and others, among other claims.

GSK, defending in putative class action pending in the U.S. District Court for the Northern District of Illinois, in which plaintiffs allege violations of various state data privacy statutes and common law arising from a collaboration agreement between GSK and 23andMe.

Constellation Brands, defended against breach of contract and trademark infringement claims asserted by Modelo, an Anheuser-Busch InBev company, in the U.S. District Court for the Southern District of New York. Modelo alleged that the company’s products, Corona Hard Seltzer and Modelo Ranch Water, exceeded the scope of the company’s perpetual license. In March 2023, after a two-week trial, a jury unanimously decided that Modelo had failed to prove any of its claims. The Kirkland trial team was recognized as runners-up in The Am Law Litigation Daily’s “Litigator of the Week” column for its victory. In March 2024, obtained an order in the U.S. Court of Appeals for the Second Circuit affirming the judgment in full.

Bristol-Myers Squibb and its officers, defended and won back-to-back dismissals of a purported securities class action filed in the U.S. District Court for the Southern District of New York arising out of a drop in the company’s stock price following negative drug trials. Affirmed on appeal by the U.S. Court of Appeals for the Second Circuit.

Lannett Company and certain of its officers, defended in a putative securities class action filed in the U.S. District Court for the Eastern District of Pennsylvania, in which plaintiffs alleged that defendants had misrepresented the prospects of renewing a major supply agreement for generic pharmaceutical products, purportedly causing a 60% drop in the company’s stock after the agreement was not renewed. Obtained dismissal of substantially all claims on the pleadings and, shortly thereafter, secured favorable settlement representing approximately 0.25% of plaintiffs’ alleged damages.

EQT Corporation and certain of its officers and directors, defending in a consolidated securities class action, related individual securities fraud lawsuits, and shareholder derivative actions, arising out of EQT’s $6.7 billion acquisition of Rice Energy, Inc.

Regeneron Pharmaceuticals, represented in litigation challenging the implementation of “Most Favored Nation” (MFN) rule with respect to pharmaceutical drug pricing. Regeneron sought to enjoin the implementation of the MFN Rule, arguing that the rule violated the Administrative Procedure Act (APA) on numerous grounds, including violations of the Fifth Amendment to the U.S. Constitution. Obtained preliminary injunction prohibiting enforcement of MFN Rule.

Barnes & Noble, defended purported data privacy class action lawsuit filed in the U.S. District Court for the Southern District New York alleging violations of the Video Privacy Protection Act in connection with social media plug-ins on the company’s online mobile device platform.* Secured order compelling individual arbitration and dismissal of plaintiff’s appeal to the U.S. Court of Appeals for the Second Circuit for lack of appellate jurisdiction just two days after oral argument.

Liqui-Box, a portfolio company of Olympus Partners, represented in litigation filed in the U.S. District Court for the Southern District New York arising from its $585 million acquisition of the plastics division of D.S. Smith. Cases voluntarily dismissed following closing.

J.C. Flowers, defended in a dispute filed in the U.S. District Court for the Southern District of New York arising out of the purchase of HSH Nordbank AG.

Some of Dan’s other M&A-related representations include: KKR & Co. LP ($1.6 billion acquisition of CIRCOR International), KKR & Co. LP ($1.3 billion acquisition of Chase Corporation), Delphi Technologies ($3.3 billion sale to Borg Warner), Stone Point Capital ($6 billion acquisition of CoreLogic), Patient Square Capital ($7.1 billion consortium acquisition of Syneos Health), NexTier Oilfield Solutions (merger with Patterson-UTI Energy), ONEOK ($18.8 billion acquisition of Magellan Midstream Partners), Blue Owl Capital (combination of Owl Rock Capital Group, Dyal Capital Partners, and Altimar Acquisition Corporation to create combined entity then-expected to have $12.5 billion market capitalization).

*Prior to joining Kirkland