Dan is a partner in Shook’s Class Action and Appellate practice group. He defends clients in the automotive, consumer products, pharmaceutical, and technology industries facing class action, product liability, mass torts and other high-risk, complex litigation. Drawing on his broad range of litigation experience and time as a federal and state appellate judicial clerk, Dan guides clients through the complexities of litigation to develop and execute clear legal and litigation strategies to reach favorable outcomes. Dan is experienced in representing clients at every stage of litigation and arbitration disputes, and he has earned a reputation as a go-to attorney in developing creative and effective legal arguments and as a strong writer and oral advocate.

Dan excels in using his experience in serving consumer-facing clients across a range of industries facing significant risks from litigation challenging product design and safety or in the wake of product recalls. Mindful of reputational risk in addition to liability risk, Dan works closely with clients to craft strategies to protect both the brand and the bottom line.

To better serve his clients, Dan stays abreast of industry trends and legal developments and has written articles and given presentations on issues related to litigation financing, class certification, and federal court jurisdiction.

Dan is actively involved in Shook’s pro bono practice. He has led an appeal to the Board of Immigration Appeals that obtained a reversal and discretionary relief from deportation for a non-citizen permanent resident who was an honorably discharged U.S. military veteran with PTSD. In another case, he defeated a nuisance claim against a church that serves meals to the homeless in a downtown, urban neighborhood. 

Before entering the legal profession, Dan was a social worker at Boys Town in Omaha, Nebraska, serving children in a shelter program and a residential treatment facility.
 

Representative Matters

Led briefing to quash numerous overbroad and improper subpoenas served on client’s business vendors and partners across the country in a multidistrict litigation (MDL) proceeding.

Developed legal strategy for an automotive client facing class action litigation regarding the alleged failure to comply with a state law mandate to warrant emissions-related parts.

Led briefing to compel arbitration in class action against retailer based on online terms of service, leading to favorable settlement in individual arbitration.

Led briefing to transfer and consolidate copycat class action cases filed in different jurisdictions and defeated a petition to form an MDL before the Judicial Panel on Multidistrict Litigation (JPML) for a consumer goods manufacturer.

Served as lead counsel and drafted a successful motion to dismiss brief in a defamation claim filed by a company’s former social media marketing partner.

Led third-party discovery efforts against a plaintiff-aligned testing laboratory for a pharmaceutical company in a large MDL.

Defended a railroad client against novel public nuisance claims.

Publications and Presentations

CLE: Class Certification After TransUnion v. Ramirez: Assessing Intangible Injuries, Article III Standing, Strafford Webinar, July 21, 2021 (with Christopher R. Wray and Robert Neary).

Will the Supreme Court Finally Resolve the Circuit Split over Rule 23(C)(4) Issue Class Actions?, Mealey's Litigation Report: Class Actions, June 4, 2021 (with Timothy E. Congrove & James P. Muehlberger).

Third-Party Litigation Financing: Legal and Ethical Issues & Proposals for Mandatory Disclosure, Nebraska Lawyer, September/October 2017.

Issue Preclusion and the ITC’s Section 337 Investigations: A Reconsideration in Light of B&B Hardware, Inc. v. Hargis Industries, Inc., Creighton International and Comparative Law Journal, 2016.

Section 101 Challenges in the Courts and at the PTAB, ABA Intellectual Property Litigation, June 16, 2015.

Patent Office Backlog Adds Billions to National Drug Expenditure, Nature Biotechnology, May 2014 (with Kate S. Gaudry).

Low Examiner Allowance Rates, High Patent Term Adjustments, Law360, April 17, 2014 (with Kate S. Gaudry).