Having been graduated from Harvard Law School in 1977, Dan is now in his fortieth year representing clients in all manners of business and commercial disputes in federal and state trial and appellate courts; in regulatory forums before agencies of the United States government and the State of Ohio; and in arbitrations and mediations. Dan is a member of both the bar of the Supreme Court of Ohio and the West Virginia State Bar and regularly represents clients in both states. He is also a member of the bars of a number of federal courts in which a significant portion of his practice is centered. Dan's litigation experience includes handling of contract disputes of all kinds, business-tort disputes, intellectual-property disputes (among them trade-secret, trademark, service-mark, trade-name, trade-dress, and copyright disputes), securities disputes, antitrust disputes, ERISA disputes, civil RICO disputes, construction disputes, civil rights disputes, shareholder disputes (including shareholder-derivative actions and disputes among shareholders in closely held corporations), employment disputes, zoning and other land-use disputes, real-estate disputes, consumer class-action disputes, lawyer-professional-liability disputes, and insurance-coverage disputes. In addition to having tried many cases and having argued many appeals at various appellate levels of the federal and state court systems, Dan has resolved many more through various methods of alternative dispute resolution, including arbitrations and mediations. Dan's experience before federal regulatory agencies includes representation of clients in connection with investigations by the Securities and Exchange Commission, the Department of Labor, and the National Labor Relations Board and in trials and other hearings before the NLRB. Dan has also represented clients in hearings and other proceedings before these agencies of the State of Ohio: the Division of Securities of the Department of Commerce; the Industrial Commission; the Bureau of Workers' Compensation; the Bureau of Employment Services; the Department of Insurance; the Counselor, Social Worker and Marriage & Family Therapist Board; the Real Estate & Professional Licensing Division; the Ohio Building Authority; and the Ohio Liquor Commission.
- Secured a defense jury verdict on behalf of a major hospital system that had been sued by a former patient for allegedly releasing his protected health information in violation of the Health Insurance Portability and Accountability Act ("HIPAA")
- Following a three-day trial, secured a permanent injunction on behalf of a major research and development institution against operation of a shooting range on real property contiguous to certain of the institution's R&D facilities
- Defended multistate fitness club in federal-court consumer class action filed on behalf of certain of its members alleging violations of Consumer Sales Practices Act and Deceptive Trade Practices Act
- Successfully prosecuted International Chamber of Commerce arbitration on behalf of major research and development institution against licensee of patented technology of institution, securing favorable interpretation of license agreement and award of royalties under license agreement
- Defended issuer of director and officer liability insurance policy in international arbitration proceeding challenging denial of coverage for corporate officers and directors sued for alleged breaches of fiduciary duties in connection with "going private" transaction.
- Successfully defended at federal-court trial acquirer of closely-held entity in action by selling shareholders under stock-purchase agreement to recover "earn-out" portion alleged to be due of purchase price of stock.
- Represented high-technology research institution in pursuing claim under research-and-development and technology licensing agreements.
- Has defended various insureds of casualty insurer against construction claims.
- Defended seller of synthetic fuel facilities used for converting coal "fine" (essentially, coal dust) to briquettes burned in industry to produce energy in dispute under certain sale contracts.
- Defended excess insurer in allocation dispute among various companies participating in multi-layer insurance program.
- Successfully tried several actions on behalf of manufacturer, seller, and servicer of high-tech, computer-power and precision air-conditioning products seeking to protect companies' trade secrets and confidential information and to prevent unfair competition, securing enforcement of agreements not to compete and trade secret and confidential information agreements.
- Defended manufacturer of dietary supplements in consumer class action alleging improper labeling of products.
- Part of defense team representing "Big Four" accounting firm in federal multi-district litigation proceedings involving multiple lawsuits arising from demise of health-care-industry financing entity.
- Defended related reinsurance companies against claim of entitlement to finder's fee relating to transaction in which another insurance company was acquired.
- Defended mechanical contracting company in action arising from alleged deficiencies in decorative fountain designed and installed for board of county commissioners.
- Defended "payday check-cashing" company in consumer class action alleging violations of Federal Truth-in-Lending Act and Ohio Consumer Sales Practices Act and also defend that company in another consumer class action alleging violations of federal Fair Labor Standards Act and its Ohio counterpart.
- Defended manufacturer of key component used in insulating glass windows in breach-of-warranty action by window manufacturer claiming damages resulting from failures of thousands of insulating glass windows.
- Defended lawyers and law firm in consumer class actions alleging violations of federal Fair Debt Collection Practices Act and Ohio Consumer Sales Practices Act.
- Defended publisher/distributor of booklet containing money-off, merchant coupons in federal-court trial of copyright infringement action.
- Has defended fiduciaries of qualified employee benefit and employee welfare benefit plans against claims that they have breached their duties under the Employee Retirement Income Security Act of 1974.
- Has defended employers against claims of race, gender, age, and handicap discrimination, as well as claims under the Americans with Disabilities Act, the Family and Medical Leave Act, and federal and state wage and hour laws.
- Has defended securities brokers-dealers and their registered representatives against all types of customer claims.
- Has defended securities brokers-dealers in disputes with their employees and registered representatives and with each other.
- Has handled arbitrations sponsored by the International Chamber of Commerce, the American Arbitration Association, the CPR Institute for Dispute Resolution, JAMS, and the National Association of Securities Dealers (now the Financial Industry Regulatory Authority), as well as arbitrations under the auspices of various courts and private arbitrations.
- Martindale-Hubbell AV Rated (very high to preeminent legal ability; very high general ethical standards)
- Best Lawyers in America (in Business Litigation) (for more than twenty consecutive years)
- Ohio Super Lawyers (in Business Litigation) (2004 - 2017 - every year for which Super Lawyers have been selected in the State of Ohio)
- Who's Who in American Law
Firm and Practice Management
- Dan was one of the original members of Bailey Cavalieri LLC's Board of Directors and served on the Board for six years.
- Dan is General Counsel of Bailey Cavalieri LLC and has served in that capacity since the founding of the firm in 2003.
- Dan is the head of the LItigation Practice Group of Bailey Cavalieri LLC and has served in that capacity since the founding of the firm in 2003.
- Dan has served on Bailey Cavalieri LLC's Compensation Committee.
Affiliations and Civic Involvement
- American Bar Association (including Litigation Section, Business Law Section, and various committees)
- Ohio State Bar Association (including Litigation Section)
- The West Virginia State Bar
- Columbus Bar Association (including Federal Court Committee and Fee Arbitration Committee)
- Dan has served on the boards of trustees of, held various offices in, and been a member of various committees of a number of community not-for-profit organizations in Central Ohio. Notably, he has been a member of the Board of Directors of the Friends of WOSU Public Media since 1999 and has served as its President, Vice President, and Secretary and as chair of various of its committees.
- Harvard Law School, Cambridge, Massachusetts (J.D., 1977)
- West Liberty State College, West Liberty, West Virginia (B.A. in Economics, Political Science, and Psychology, 1974)
- State of Ohio
- State of West Virginia
- United States District Court for the Southern District of Ohio
- United States District Court for Northern District of Ohio
- United States District Court for the Southern District of West Virginia
- United States District Court for the Northern District of West Virginia
- United States District Court for the Western District of Texas
- United States Court of Appeals for the Sixth Circuit
- United States Court of Appeals for the Fourth Circuit