Our people

Dan is a commercial litigator whose practice focuses on representing policyholders in insurance coverage disputes in federal and state courts throughout New Jersey and New York.  In addition to his insurance coverage work, he has represented clients in complex litigation matters within such diverse areas as bankruptcy, contract law, general commercial disputes, and product liability, including asbestos defense and the defense of prescription pharmaceutical companies.

Dan has 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.

Representative Matters

• In Re Able Labs. Securities Litigation, 425 F. Supp. 2d 562 (D.N.J. 2006). Defense of securities class action, consumer fraud class action and derivative law suit.

• In Re Diet Drugs, (NJ. Sup. Ct.).  Took the lead for Reed Smith in the eligibility process established by the trial court overseeing Wyeth’s New Jersey diet drug litigation. (Arnold & Porter; Mitchell, McNutt & Sams; and Ramsey & Hammond also played major roles.)  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 numerous cases.

• 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.

• Primagency, Inc. v. V-Formation, Inc., 3A.D.3d 392, 769 N.Y.S. 2d 901 (1st Dept. 2004) (Appellate Counsel)

• SetFocus v. Visalign - arbitration of a commercial dispute.  The client was awarded full damages plus attorneys fees following a five-day hearing.

• 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 millions of dollars in coverage.

• Faiveley Transport Malmo AB v. Wabtec Corp., 559 F.3d 110 (2nd Cir. 2009).  Obtained reversal of preliminary injunction relating to alleged disclosure of trade secrets. 

Publications

• "Shareholder Suits: More Reason to Secure Insurance," Buyouts, June 25, 2007
• "Obtaining Insurance Coverage for Stock-Option Backdating Investigations and Suits," Securities Litigation and Regulation, Vol 12, Issue 7, August 2006
• “Authenticating E-Evidence for Admissibility in Court,” New York Law Journal, Oct. 4, 2004
• “Electronic Evidence: When is it Admissible at Trial?” New York Law Journal, Sept. 13, 2004
• “Contract Law, Arbitration Agreements and the Internet: Are They Compatible?” New Jersey Law Journal, Aug. 11, 2003
• “Internet Advertising Offers Risks and Rewards,” New Jersey Law Journal, June 30, 2003
• “Contract Formation and Enforcement on the Internet,” Mealey’s Cyber Tech & E-Commerce, April 14, 2003
• “The Legal Liabilities of Doing Business Online,” Commerce, January 2003
• “Admission of Expert Testimony: Determining the Standard,” The Bergen Barrister, Autumn 2002
• “Courts Struggle With the Application of Contract Law to Internet Transactions,” New Jersey Law Journal, Aug. 19, 2002
• “Electronic Discovery: More than Meets the Eye,” New Jersey Lawyer, July 30, 2001
• “Property Loss: Is ‘Loss of Use’ Covered?” For The Defense, March 2001
• “Daubert Developments in the Third Circuit Since January 1, 2000,” Desk Book for Exclusion of Improper Expert Testimony, Supplemental Volume, Products Liability Advisory Council, Spring 2001
• “District Court Finds Business Insurance Covers Lost Computer Data,” PB&N Litigation Update, Aug. 31, 2000
• “Websites and Personal Jurisdiction: Avoiding Suits Filed Outside of New Jersey,” Commerce, May 2000
• “A Surety for a General Contractor May Be Liable for Bad Faith Damages to a Subcontractor,” PB&N Litigation Update, March 30, 2000
• “Construction of Ambiguous Policy Terms and Reasonable Expectation: The Merging of Two Doctrines,” 9 N.J. Insurance Law & Regulation Reporter 367, January 2000
• “Insurance Law Update,” Insurance Law Update 2000, New Jersey Institute for Continuing Legal Education, Dec. 7, 1999

Experience

Legal Education

Undergraduate Education

Professional Admissions / Qualifications

• New York
• New Jersey

Court Admissions

• U.S. Supreme Court
• U.S. Court of Appeals - Third Circuit
• U.S. District Court - District of New Jersey
• U.S. District Court - Eastern District of New York
• U.S. District Court - Southern District of New York
• U.S. District Court - Northern District of New York
• U.S. Court of Appeals - Second Circuit

Professional Affiliations

• 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