Dan is a trial attorney whose practice focuses on representing major pharmaceutical, manufacturing and retail companies throughout the United States with a focus on New Jersey and New York. In addition to his representation of clients in complex litigation matters such as product liability, including asbestos and prescription pharmaceuticals, Dan has particular experience in expert challenges, plenary hearings on statue of limitations issues, and consumer fraud, design defect and medical monitoring claims. Dan has defended products ranging from pharmaceuticals such as diet drugs, hormone replacement therapy, contraceptives, and drug eluting stents, to heavy machinery like rock crushers and tractor trailers.
Dan has also counseled clients in a full range of insurance coverage issues. His insurance coverage work has focused on recovering policy proceeds from insurers for product liability, business tort, and environmental clean-up cost claims against his clients.
Hormonal Contraceptive Litigation
- Serving as one of the lead lawyers for Merck, Schering Plough and Organon in defense of litigation involving prescription hormonal contraception, including a federal MDL and various state court proceedings.
Diet Drug Litigation
- Took the lead for Reed Smith in the eligibility process established by the trial court overseeing Wyeth's New Jersey diet drug litigation. Wyeth challenged cases on the grounds that the plaintiffs' claims that diet drugs damaged their heart valves were medically unreasonable. The eligibility process involved trial testimony from plaintiffs', defendant's and independent experts and resulted in the dismissal of hundreds of cases.
- Member of trial team for cases venued in New Jersey, Pennsylvania, New Mexico and Texas.
Hormone Therapy Litigation
- Briefed (at the trial court and appellate division) and argued motions for summary judgment, choice-of-law and consolidation. Led briefing team that obtained summary judgment for all failure-to-warn claims in New Jersey.
- Led the settlement of Able's insurance claims and coordinated the client relationship during multiple proceedings in the bankruptcy court to allow the officers and directors to access multiple layers of D & O coverage
- Assisted Able's officers and directors in obtaining full coverage for defense costs incurred in defending multiple class action law suits
- Represented Able's officers and directors in mediation to resolve outstanding securities class action, consumer fraud class action and derivative claims. See, e.g. In Re Able Labs. Securities Litigation, 425 F. Supp. 2d 562 (D.N.J. 2006)
- Franchise Company - Represented Franchisor in negotiations with Errors & Omissions carrier for coverage related to class action law suit. Settled claim for over $10 million settlement commitment from E & O carrier.
- EPIX, Inc. - representation of employee leasing company in ongoing arbitration with insurance carrier concerning in retro-premiums for various Workers Compensation programs. Settled one claim for several million dollars within three months of being retained. Settled a second claim for several million dollars within four months of filing arbitration demand. Arbitration has continued only as to the insurers counterclaims.
- United States v. Livingston, et. al., 66 Fed. Reg. 12544 (Feb. 27, 2001). Represented private party in a cost recovery action.
- London Market Insurers v. American Home Assur. Co., 95 S.W. 3d 702 (Tex. App.-Corpus Christi 2003). Representation of an asbestos mining company in an action seeking insurance coverage for personal injury and property damage claims.
- Asbestos Company conducted a multi-party arbitration involving several insurance companies seeking the payment of defense and indemnity costs. Favorable rulings allowed the client to access million of dollars in coverage.
New Jersey Bar Association, Internet and Computer Law Committee, Secretary, 2001-2003; Vice Chair, 2003-2005; Chair, 2005-2006
Bergen County Bar Association, Business Law, Civil Practice and Internet Law Committees
Dartmouth Lawyers Association, Vice-President, 2004-present; Annual Meeting Coordinator, 2003-2006
Justice Morris Pashman Inn of Court, Graduate; Barrister, 2004-present
Dartmouth Alumni Club of Northern New Jersey, Secretary, 2001-present
New Jersey State Certified Mediator