Dan's recent experience includes representation of a major multinational company in its litigation in multiple jurisdictions (including the AFFF MDL 2873) involving the manufacture and sale of certain PFAS chemicals and product and the Big Ten Conference in the NCAA Student-Athlete Concussion Litigation (MDL 2492). Dan has also represented Medtronic Sofamor Danek USA, Inc. in connection with product liability suits in multiple federal and state courts involving the Infuse® spinal fusion device and claimed off-label promotion of the device. Dan previously served as lead counsel for Medtronic, Inc. in In re: Medtronic, Inc. Sprint Fidelis Lead Product Liability Litigation (MDL 1905), coordinating the national defense of claims, including putative class actions, for personal injury and economic damages in the federal multidistrict litigation and in state courts.
Dan has also represented another major medical device manufacturer as co-lead counsel in defense of wide-ranging product liability, securities, and derivative claims involving a PMA cardiac defibrillator lead device. Dan’s work also includes counseling and litigation involving cybersecurity of medical devices. Dan's experience also includes work as part of the firm's defense of product liability claims arising out of alleged uses of metoclopramide.
Dan also leads Mayer Brown's national defense teams for Amchem Products, Inc. (now known as Bayer CropScience, Inc), in nationwide asbestos litigation. In that work, Dan has taken lead responsibility for the development and implementation of national defense strategy. In 2002, Dan represented Amchem in the liability phase of a West Virginia mass trial involving thousands of claims. He successfully obtained a directed verdict on behalf of Amchem and defended that ruling post-trial. Dan is regularly designated lead trial counsel for Amchem in cases throughout the country. In addition to his asbestos defense work, he has advised multiple clients in connection with various potential toxic tort and chemical exposure claims and risks.
Dan has substantial experience serving as national counsel, in developing fact and expert witnesses, in coordinating the efforts of regional and local counsel in pretrial discovery, motion practice and trial preparation, in evaluating settlement and conducting mediations, in taking and defending key depositions of fact and expert witnesses, and in clients' trial preparation and defense. His work involves product liability and mass tort claims for clients in several industries, including a semiconductor manufacturer (birth defect claims involving cutting edge genetic testing and analysis), ready-to-eat foods (defense of claims arising out of a nationwide voluntary recall related to listeria ); a heavy equipment manufacturer (single plaintiff, traumatic injury claim); pharmaceuticals and medical devices, including substantial work dating back to representation of Dow Chemical in connection with breast-implant litigation in both state and federal courts. Dan has also conducted a mock trial and client seminar regarding occupational benzene exposure and its alleged link to non-Hodgkin's lymphoma.
Dan applies his extensive experience in product liability and mass tort litigation and commercial disputes to advise clients on potential liability exposures in connection with formal and informal due diligence and various corporate transactions, often working closely with transactional lawyers in the process. He also advises clients on common law and contractual indemnity issues, and he represented a major welding rod manufacturer in connection with distributor indemnification claims stemming from welding fume litigation.
Dan has handled and participated in the successful resolution, mediation, arbitration and trial of complex commercial disputes involving breach of contract, RICO, securities fraud, breach of fiduciary duty, and other torts for numerous clients, including a tool steel manufacturer, outsourcing and consulting firms, and a long-term care provider. His experience in complex commercial litigation includes representation of a major medical device manufacturer in securities and derivative litigation and prior representation of the Canadian Imperial Bank of Commerce and its affiliates in multi-district securities class actions and related litigation in the Southern District of New York. These latter proceedings involved multi-billion dollar claims arising from the Global Crossing bankruptcy.
Dan joined Mayer Brown in 1995. Previously (1993-1995), he served as Law Clerk to The Honorable George Marovich, US District Court for the Northern District of Illinois.
