Overview

Dan focuses his practice litigating commercial, financial, energy and technology disputes and counseling executives on corporate governance. Dan has secured significant victories for plaintiffs and defendants in high-stakes matters before judges, juries and arbitration panels across the country. Dan counsels clients on financial disputes, internal investigations and corporate governance matters.

Dan has achieved successful results for clients in trials and arbitrations: a two-week arbitration trial for plaintiff BNSF Railway resulting in $109 million recovery for railroads (BNSF Railway v. FirstEnergy), a seven-week trial for plaintiff BASF resulting in a $169.9 million jury verdict in a breach of contract case in New Jersey (BASF v. Lyondell), and a seven-week trial for a corporate defendant resulting in a complete defense verdict in an alleged fraud case in Florida (Breed v. Honeywell). The jury verdict for BASF was one of the top ten jury verdicts of the year nationwide, according to VerdictSearch. Both cases were identified by The American Lawyer as “Big Suits.”

Dan successfully represented Chesapeake Energy in federal trial courts and the United States Court of Appeals for the Sixth Circuit on oil and gas issues related to the Utica Shale. Henry v. Chesapeake Appalachia, L.L.C., 739 F.3d 909 (6th Cir. 2014); Stewart v. Chesapeake Appalachia, L.L.C., 545 Fed. Appx. 468 (6th Cir. 2013). In 2013, Dan secured judgment for an oil and gas producer in a series of cases preventing termination of leases in Utica Shale. In 2012, Dan defeated a request for a preliminary injunction seeking to enjoin the installation of a natural gas related facility. In 2011, Dan successfully represented Innkeepers USA Trust against a private equity investor for failing to close a $1.1 billion acquisition of a hotel portfolio due to an alleged material adverse effect. The litigation was closely tracked and noted in The Wall Street Journal and The New York Times. In 2011, Dan also recovered millions of dollars for Agility Defense & Government Services against a government contractor.

Dan represented Charter Communications in a 19-day trial against claims by its bank lenders that it breached its obligations in connection with more than $11 billion in secured financing and claims by creditors for breaches of fiduciary duties. In what the court characterized as the "most expertly tried” case over which he presided and “one of the most hotly contested confirmation battles ever conducted,” the court found in favor of Charter on all claims. The ruling was affirmed by the United States Court of Appeals for the Second Circuit. The case was spotlighted by the American Lawyer in its AmLaw Litigation Daily.

Dan’s pro bono cases have included representing voters challenging voter suppression laws, a client in a successful discrimination trial, and military veterans seeking benefits from the federal government.

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Recognition

Member, Class of 2016 ADR Champions, National Law Journal

Recognized by The Legal 500 U.S. for Energy Litigation: Oil and Gas

Recognized by Benchmark Litigation as a Local Litigation Star for Antitrust; Energy and Natural Resources; General Commercial; Intellectual Property, 2019

Chair, Recruiting Committee for the Washington, D.C. Office

Member, The George Washington University Law School Board of Advisors

The George Washington University Law Review, Notes Editor

The George Washington University Legal Research & Writing Fellow

Jacob Burns Merit Scholar

Credentials

Admissions & Qualifications

  • 1998District of Columbia
  • 1997Ohio

Courts

  • Supreme Court of the United States2014
  • United States Court of Appeals for the District of Columbia Circuit2000
  • United States Court of Appeals for the Third Circuit2014
  • United States Court of Appeals for the Fourth Circuit2008
  • United States Court of Appeals for the Sixth Circuit2012
  • United States District Court for the District of Columbia2000
  • United States District Court for the Northern District of Ohio2012
  • United States District Court for the Southern District of Ohio2012
  • United States District Court for the Western District of Oklahoma2014

Education

  • The George Washington University Law SchoolJ.D.with Highest Honors1996
    Jacob Burns Merit Scholar
  • Villanova UniversityB.S., Accountingcum laude1993