Daniel Gorman

Daniel’s broad range of litigation and appeals experience in state and federal courts includes representing clients in commercial litigation and business disputes, including claims of breach of contract, unfair competition, breach of fiduciary duty, fraud, securities violations, and employment issues. Daniel has litigated a wide range of lawsuits, on both the plaintiff and defense side, in the health care, construction, entertainment, energy, trade, and maritime industries.

Daniel also has experience in the area of international trade, including guiding clients on issues relating to customs, imports, duties, tariffs, and navigating proceedings before the U.S. International Trade Commission in antidumping, countervailing duty, and anticircumvention cases.

Court Decisions

• Karim v. Raju, 165 A.D.3d 504 (1st Dep’t 2018). Reversing on appeal trial court’s order which denied hospital client’s motion for summary judgment and holding hospital demonstrated that its decision to deny physician privileges was made in good faith.
• People v. Gross, 169 A.D.3d 159 (2d Dep’t 2019). Vacating defendant’s convictions of grand larceny, criminal diversion of prescription medication, conspiracy, and money laundering arising from alleged role in operation by which prescription medication was purchased from patients and ultimately resold to a pharmacy to be redispensed to other patients.
• Hogan v. Weymouth, 2020 WL 8028111 (C.D. Cal. Nov. 13, 2020). Granting motion to dismiss, and denying request for jurisdictional discovery, in connection with claims made against publisher in relation to  statements made in connection with players in Super Bowl LIII.
• Leading Ins. Grp. Ins. Co., Ltd. (U.S. Branch), Inc. v. Friedman LLP, 195 A.D.3d 418 (1st Dep’t 2021). Reversing on appeal trial court’s order which denied summary judgment in accounting malpractice action arising out of auditing work performed by defendant.
• SKS Holdings LLC v. Kaplan, 2023 WL 3262465 (N.J. Super. Ct. App. Div. May 5, 2023). Affirming summary judgment dismissal of conspiracy claims against co-chairman of GlobusMax, Ltd., an Israeli movie theater company, arising out of the development and operation of movie theaters.
• Dana Transport, Inc. v. PNC Bank, Nat’l Ass’n, No. L-2095-16 (N.J. Super. Ct. Ch. Div. Aug. 18, 2023). Granting motions for reconsideration and summary judgement dismissing plaintiffs RICO claims in connection with dispute arising out of commercial lending relationship.

Commercial

• Defended officers and directors of insolvent businesses in actions for fraud, breach of fiduciary duties, and conspiracy.
• Represented an insurance carrier in resolution of investigation by a state attorney general office and treasury related to alleged improper use of public data.
• Defended a global pharmaceutical company in responding to allegations of improper trade practice and use of intellectual property.
• Represented an international airplane part manufacturer and distributor in pre-litigation resolution of breach of contract claims.
• Successfully resolved an action against accounting firm premised on alleged professional negligence, fraud, and breach of contract, brought by former clients.
• Represented owners and developers of construction projects in connection with commercial disputes with construction managers and subcontractors.
• Successfully prosecuted action on behalf of developers of investigative journalism television series in action for breach of contract, unjust enrichment, and violation of New York labor laws.
• Represented a global packaging company in disputes resulting from acquisition of competitor.
• Defended an electric bicycle distributor and manufacturer in a cross-border dispute with local operations vendor.
• Successfully defended a hospital system in a protracted dispute with a national managed care company over allegations of fraud and abuse, overbilling, and upcoding in a commercial arbitration.
• Defended a hospital against whistleblower and retaliation claims brought by employees contending various health and safety violations.
• Represented hospitals, physicians, medical boards, and trustees in favorable resolutions of medical staff credentialing and peer review issues.
• Represented health care facilities and physicians in actions for proper reimbursement.
• Represented criminal defendants in bail pending appeal applications to the Appellate Division.
• Represented health care providers in various contractual disputes with vendors and employees.

International Trade

• Guide clients in navigating import issues, including appealing adverse decisions, handling seizures, and addressing penalties or fines.
• Advising clients on issues regarding classification of goods under the Harmonized Tariff Schedule.
• Counsel utility affiliates and sponsors in connection with antidumping and anticircumvention proceedings pending before the International Trade Commission.
• Represented a manufacturer of battery separators in responding to International Trade Commission importers’ questionnaires.
• Counsel renewable energy companies in connection with international supply chain, tariff, duties, and customs issues.
• Advised and guided impacted customer in engaging with International Trade Commission through confidential submissions to successfully address scope of proceeding.
• Counseled a global automotive supplier in addressing issues arising out of economic sanctions.

• Best Lawyers in America®: Ones to Watch: Commercial Litigation (2021-2025)
• Super Lawyers®: New York Metro Rising Stars (2022-2023)