EXPERIENCE

Dan has represented high-profile clients in finance, banking, information technology and consumer goods, among other industries, in both federal and state trial and appellate courts. Dan’s experience includes:

• Amazon.com, Inc. in litigation regarding its alleged improper use of third-party sellers’ data.
• AR Global Investments, LLC, and current and former top executives, in the dismissal, affirmed by the Second Circuit, of a shareholder lawsuit challenging statements in the proxy issued in the 2017 merger of two AR Global-sponsored REITs, American Finance Trust (AFIN) and Retail Centers of America.
• Bank of New York Mellon in the dismissal of a high-stakes investor class action filed in the wake of a pyramid scheme involving purported cryptocurrency OneCoin.
• Biogen Inc., and certain current and former executives, in a class action alleging that Biogen made false and misleading statements about its Alzheimer’s drug aducanumab during the FDA approval process.
• Carnival Corp., the world’s largest cruise operator, and Carnival’s CEO, in obtaining the dismissal of a securities fraud class action in Florida federal court alleging that defendants made material misstatements and omissions concerning the risks posed to Carnival by COVID-19, and about the company’s commitments to regulatory compliance and health and safety.
• The eight underwriters in the dismissals of actions brought in New York State Supreme Court and New York federal court under the Securities Act of 1933 in connection with the IPO of Chinese social audio platform Lizhi, Inc.
• PayPal Holdings Inc., in
  • the dismissal of a securities class action regarding the company’s regulatory compliance; and 
  • a securities class action and a related derivative action alleging that defendants made false and misleading statements about projections for certain metrics.
• Riskified, Ltd., in litigation in federal court in New York in connection with Riskified’s July 2021 initial public offering.
• Snap, Inc. and several of its directors and executives in the dismissal of a securities class action and ongoing defense of related shareholder derivative actions alleging false and misleading statements about Snap’s preparation for the rollout by Apple of new privacy changes and their impact on prospective advertising revenue.
• Steven A. Cohen and SAC Capital (now Point72 Asset Management), in civil and regulatory matters alleging insider trading, including class action litigation filed by a class of contemporaneous traders alleging insider trading in the securities of Elan and Wyeth.
• The underwriters, led by Citigroup, in the dismissal of a putative class action in the Southern District of New York arising out of the initial public offering of RLX Technology, Inc., a Chinese e-cigarette company.
• XPO Logistics, Inc. in securing the dismissal, with prejudice, and affirmed on appeal to the Second Circuit, of a securities class action alleging that XPO had misled investors by concealing the importance of its largest customer, Amazon, in driving the company’s growth, and concealing the fact that Amazon had begun cutting ties with XPO.

Dan plays a significant role in managing the firm’s securities litigation practice by speaking in podcasts and writing extensively about the securities laws, including for publications such as Law360. He also maintains an active pro bono practice where he has litigated high profile public impact cases before the United States Supreme Court and several federal and state courts of appeals, and conducted numerous evidentiary hearings and oral arguments on behalf of indigent clients in New York State Court and before administrative law judges.