Associate; Business Litigation, Financial Markets Group
Based in Briggs and Morgan’s Minneapolis office, Dan is a member of the firm’s Financial Markets Group and the Appellate Practice Group. He practices principally in the areas of:
- Securities litigation
- State and federal appeals
- Business and employment litigation
In his securities litigation practice, Dan represents broker-dealers involved in arbitrated and litigated disputes with customers, registered representatives and other broker-dealers. His recent experience includes having primary responsibility for pre-trial proceedings and coordinating discovery in 250+ arbitrations, state litigation, federal class-action litigation and bankruptcy litigation arising out one of the nation’s largest Ponzi schemes.
Dan also has assisted in the representation of insurers in disputes with customers, former salespersons and other insurers involving allegations of unfair sales practices, unfair termination and unlawful corporate raiding. He has defended an insurer and obtained summary judgment on a former salesperson’s claim of unlawful termination and was able to retain unearned commissions in violation of the former salesperson’s employment contract.
In addition to his securities litigation practice, Dan maintains an active appellate practice that includes representing individuals and businesses in appeals to state and federal courts of appeal. In the Minnesota Supreme Court Dan has sought review on a wide variety of issues including class action settlement approval, contract claims and interpretation, property-rights issues and employment issues. Appellate practice experience has included representing:
- executives involved in federal-securities litigation to answer questions certified to the Minnesota Supreme Court regarding the special litigation committees’ authority and the fairness of class-action settlements;
- automobile dealerships in the interpretation of limitations of damages clauses in software contracts;
- farmers and ranchers raising constitutional due process claims to protect their right to appropriate water for irrigation and livestock.
Combining his appellate practice and pro bono work, Dan has briefed and argued cases before the Minnesota Court of Appeals regarding the application of state predatory offender registration laws, and in January 2011, Dan argued a case before the Minnesota Supreme Court, which dealt with an accused’s Sixth Amendment right to the assistance of counsel to present closing arguments in criminal bench trials.
Business and Employment Litigation
Dan also represents a broad array of clients in litigation matters before state and federal courts and state equal employment agencies.
Dan’s representative experience includes:
- defending employers against terminated employees’ allegations of unlawful discrimination or sexual harassment before state agencies;
- representing an employer against former employee’s allegations of age discrimination in the Eighth Circuit Court of Appeals and obtaining an affirmance of a district court order dismissing the former employee’s claim;
- representing a Minnesota county in property-tax litigation in federal court that raised issues of 11th Amendment immunity, availability of tax refunds, and questions of federal exemptions from state taxes.
Dan stays abreast of topics in the securities arena and other developments in the law by writing on current events. He co-authored a white paper entitled “The Efficacy of Securities Arbitration and Proposals for Change,” which was cited by the Wall Street Journal in an article discussing proposals to eliminate mandatory arbitration. In addition, Dan co-authored an article in the William Mitchell Law Review entitled “Standard of Proof to Establish Amount in Controversy When Defending Removal Under the Class Action Fairness Act,” which was recently cited by the Ninth Circuit Court of Appeals.
Dan is admitted to practice before Minnesota state courts, the U.S. District Court for the District of Minnesota, the Second Circuit Court of Appeals and the Eighth Circuit Court of Appeals. He is a member of the Hennepin County, Minnesota state and Federal bar associations and has been named a “Rising Star” by Minnesota Super Lawyers.
Dan graduated with a B.A. in psychology and philosophy magna cum laude from the University of Minnesota. He received his law degree magna cum laude from William Mitchell College of Law, where he served as a staff member and assistant editor of the William Mitchell Law Review. While in law school Dan also received awards for best brief and won the oral argument in the Rosalie Wahl Moot Court competition, and in 2005 he represented William Mitchell in the New York Bar Association’s National Moot Court Competition. Dan joined Briggs in 2006.