Securities and Accounting Litigation
Dan excels at defending clients in securities and shareholder derivative actions involving alleged federal securities law violations, including those initiated by the Securities and Exchange Commission (SEC) and other regulators. He often obtains prediscovery dismissals, works to deny class certifications and successfully defends clients at trial or on appeal. His clients include accounting firms, mutual funds, investment firms, accountants and individuals.
- Obtained dismissal for Ernst & Young LLP in consolidated multi-district federal securities litigation arising from Ernst & Young’s audits of a family of mutual funds and the valuation of illiquid securities
- Obtained dismissal of all federal securities claims asserted against Deloitte & Touche LLP concerning its audits of an insurer and the reserves recorded on the insurer’s financial statements
- Obtained dismissal of shareholder derivative claim asserted against Ernst & Young LLP concerning its audits of a publicly traded manufacturer
- Obtained summary judgment for Deloitte & Touche LLP in an accounting malpractice claim asserted by the creditors’ committee of a bankrupt real estate firm
- Trying to judgment and then obtaining entry of final judgment from the 3rd U.S. Circuit Court of Appeals for The Dow Chemical Company in a claim asserting misrepresentations in the financial statements and offering materials for a subsidiary sold in a private transaction
- Defending Deloitte & Touche LLP in litigation and administrative proceedings involving the FDIC and the OCC related to loss reserve issues during Deloitte’s audits of a failed bank, with the regulators ultimately taking no action against the client
- Obtained a favorable settlement in an action asserting Section 10(b) and Section 20(a) claims concerning the sale of a public company’s interest in another publicly traded entity, after obtaining summary judgment from the trial court without allowing plaintiff any discovery
- Successfully representing numerous auditors from multiple “Big Four” accounting firms in various SEC investigations
Class Action, Antitrust and Commercial Disputes
Dan has successfully defended clients in numerous types of class action cases, including class action claims alleging antitrust violations, securities claims, and under consumer and trade practice laws, often crafting global strategies in multidistrict matters. He also handles commercial disputes involving contract and business tort claims and frequently obtains successful outcomes through summary disposition, victories at trial and on appeal and negotiated settlements.
Risk Management and Dispute Resolution
Business clients also seek Dan’s counsel on potential litigation, regulatory matters and risk management associated with transactions, and corporate governance. He frequently advises trustees, directors and their boards on fiduciary duties, SEC compliance and financial disclosure obligations and is particularly skilled in negotiating dispute resolutions to avoid the burden and expense of litigation.