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Overview

Dan values building trusting relationships and assertively protecting the interests of his product liability and commercial litigation clients.

He persuasively presents the facts and argues the law at the trial and appellate levels. During jury trials, Dan uses creative approaches to effectively communicate burdensome evidence to lay juries, consistently ensuring the best possible outcomes for corporate clients.

Following litigation, Dan believes in implementing strategies to proactively help his clients reduce or avoid future liability issues. He drafts contract provisions that require suppliers to indemnify clients, prepares product warnings, develops and implements recalls, and customizes solutions to help clients limit costly litigation down the road.

Dan serves as Husch Blackwell’s full-time resident New York attorney, where he operates from several locations in the New York City metropolitan area. He handles cases throughout New York State, as well as in other jurisdictions where he is licensed, or operates with local co-counsel.

Dan’s accomplishments have involved managing multidisciplinary teams of national and local counsel in hundreds of cases in more than 40 jurisdictions to reduce costs for national corporate clients. He also has experience providing counsel in transactions for the purchase, sale and licensing of high-technology products and services.

Dan previously served the Commonwealth of Massachusetts as an Assistant Attorney General.


Industries

Services

Recognition

  • Chambers USA, Litigation: General Commercial, 2008-2010
  • Martindale-Hubbell AV Preeminent

Education

  • J.D., New York University School of Law
      • Moot Court Board, editor and staff writer
  • M.A., University of Minnesota
    • Psychology
  • A.B., Franklin Marshall College
    • Psychology

Admissions

  • Missouri
  • U.S. District Court, Southern District of Illinois
  • U.S. District Court, District of Massachusetts
  • Massachusetts
  • U.S. District Court, Eastern District of Missouri
  • New York
  • U.S. District Court, Eastern District of New York
  • U.S. District Court, Northern District of New York
  • U.S. District Court, Southern District of New York
  • U.S. District Court, Western District of New York
  • U.S. Court of Appeals, First Circuit
  • U.S. Court of Appeals, Second Circuit
  • U.S. Court of Appeals, Third Circuit
  • U.S. Court of Appeals, Seventh Circuit
  • U.S. Court of Appeals, Eighth Circuit
  • U.S. Supreme Court

Professional Associations and Memberships

  • American Bar Association, Litigation Section; Torts Insurance Practice Section
  • The Missouri Bar
  • New York State Bar Association
Featured Case Study

Favorable Outcome for Manufacturer Faced with Liability in Criminal Misuse of Product

A national ammunition manufacturer was producing Black Talon hollow-point bullets that expanded following impact. Several individuals had committed mass shootings using Black Talon ammunition, and several civil court cases were filed against the ammunition manufacturer. The most highly publicized case involved a gunman who used the ammunition when he opened fire on a commuter train of passengers traveling to Long Island, New York, killing six and wounding 19 people.

Dan represented the ammunition manufacturer in the cases. He filed motions to have the cases dismissed, arguing that the harm was caused by the intervening, superceding criminal actions of the shooters and that the manufacturer had no duty to prevent the criminal misuse of its product. The courts granted the dismissal of all cases. The U.S. Courts of Appeals for the Second and Third Circuits and the appellate division of the New York Supreme Court affirmed the case dismissals, setting a precedent on the limits of a manufacturer’s liability for the misuse of its product.


Additional Experience

Commercial Disputes

  • Represented national corporate client in action against software provider when threatened with shutdown of operations. Obtained temporary restraining order, which led to prompt and satisfactory resolution.
  • Advised multinational engineering and electronics company in commercial contract disputes and product liability defense.

Product Liability

  • Represented industrial and aerospace manufacturer in product liability defense of firearms it manufactured before selling its firearms business.

Technology Products

  • Represented regional software developer in software licensing and e-commerce matters.

Toxic Tort

  • Defended multiple toxic tort personal injury and wrongful death lawsuits arising from Graniteville, South Carolina, derailment and chlorine release, resulting in dismissal of all claims against manufacturer of chlorine.
Outside the Office

Dan enjoys being outdoors with his wife. They canoe, hike and fish at their summer home and also hike at the local parks.

Community Leadership
  • New Hope Community Foundation, Board of Directors, 2012-2017; Guardianship Committee, 2008-present