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Overview

Dan is a business-focused litigator and advisor who clients trust to resolve their most difficult and complex legal challenges.

Dan handles class action and other complex litigation, including matters involving antitrust, insurance coverage, Racketeer Influenced and Corrupt Organizations Act (RICO), consumer fraud and consumer protection laws. He has obtained the dismissal of multi-billion dollar lawsuits and often defeated classes at certification. He also represents companies and their independent directors in government and internal investigations of allegations of managerial, officer or board wrongdoing.

Clients appreciate Dan’s background as a business owner and a trial attorney with the U.S. Department of Justice, Antitrust Division. He is known for his sophisticated understanding of how litigation risks impact a business and vigorously defends businesses to help them succeed. Dan handles high-profile, bet-the-company litigation and views litigation as the intersection of economics, business and law.


Industry

Services

Recognition

  • Chambers USA, Litigation: General Commercial, White Collar Crime & Government Investigations, 2016-2019
  • Benchmark Litigation, Local Litigation Star, Antitrust, Class Action & General Litigation, 2018-2020
  • Ranking Arizona, Best of Arizona Attorneys, White-Collar Crime Defense, 2010-2011
  • Arizona Business Magazine, Arizona Top Lawyer, 2008-2009

Education

  • J.D., University of Minnesota Law School
  • B.S., University of Wisconsin-Madison

Admissions

  • Arizona
  • Minnesota
  • U.S. Court of Appeals, Eighth Circuit
  • U.S. Court of Appeals, Eleventh Circuit
  • U.S. Court of Appeals, Ninth Circuit
  • U.S. Supreme Court

Professional Associations and Memberships

  • State Bar of Arizona, Executive Committee, Antitrust Section, 1998-present
  • American Bar Association, Fellow, Southwestern Section White Collar Committee, Chair
  • Federal Bar Association, Fellow
  • Global Law Experts, White Collar Criminal Litigation, Litigation, and Antitrust – Arizona

Clerkships

  • The Hon. Gerald W. Heaney, U.S. Court of Appeals, Eighth Circuit
Experience

Class Action

  • Represented large national automobile insurer in $21 billion nationwide consumer class action alleging price fixing of insurance. Obtained dismissal with prejudice.
  • Defended client in multi-billion dollar Racketeer Influenced and Corrupt Organizations Act (RICO) class action. Obtained dismissal with prejudice at trial.
  • Defended companies in healthcare, pharmaceutical and insurance industries in addition to manufacturers and consumer marketers against antitrust, RICO, False Claims Act and consumer fraud class actions filed in federal and state courts in California, Arizona, Florida, Illinois, Indiana, Washington, Nevada, Utah, Oregon, Georgia, Minnesota, Alabama, Louisiana, Mississippi, Pennsylvania, New Jersey and Ohio, obtaining dismissals and summary judgments and defeating many classes seeking certification.
  • Defended several hospitals in both U.S. Department of Justice (DOJ) investigation and class action, alleging that hospitals and trade association had fixed wages of part-time nurses and other employment issues. Obtained declination by DOJ and denial of certification of more than 80 percent of alleged class.
  • Represented automobile manufacturer in consumer class action alleging price fixing. Obtained dismissal with prejudice
  • Defended internet, email and telemarketing companies against allegations of consumer fraud and violations of state consumer protection statutes in multiple states including California and New York.
  • Persuaded 9th Circuit to reverse order remanding state consumer protection class action to state court.

Antitrust

  • Defended clients against antitrust charges in more than 20 states, obtaining dismissals with prejudice at trial level and, after arguing before the 11th Circuit sitting en banc, affirmance.
  • Represented two healthcare providers who alleged that monopolist hospital had blocked their opening of competing outpatient facility. Obtained multi-million dollar settlement.
  • Represented long-distance provider in lawsuit claiming monopolization, obtaining dismissal with prejudice.
  • Counseled clients applying for and receiving corporate leniency from DOJ and state Attorneys General.

Other

  • Obtained $277 million jury verdict in business-against-business dispute on behalf of large publicly held Arizona company.
  • Represented pharmaceutical wholesaler in warehouse fire matter, leading to total settlements with insurers and warehouse operator in excess of $50 million.
  • Defended large Phoenix-based company during Securities and Exchange Commission (SEC) and DOJ investigation of insider trading by chief executive officer (CEO) and chairperson. Obtained declinations from both SEC and DOJ.
  • Defended companies against allegations of options backdating. Resulted in no enforcement actions.
Outside the Office

In his free time, Dan enjoys spending time with his wife and two children. He also likes to golf, and hike in the mountains around Scottsdale and Phoenix, Arizona.

Community Leadership
  • Overman Foundation, Chair, 2004-present
  • Arizona Juvenile Justice Commission, Gubernatorial Commission, 2010-2018
  • J Street, Regional Advisory Council