Dan solves antitrust and related regulatory issues for businesses in the construction, modeling, sports, financial services, publishing, energy, retail, and health care industries. He collaborates with businesses on planning strategic acquisitions in concentrated markets, structuring joint ventures and other collaborations, advocating before enforcement agencies (DOJ, the FTC, and State AGs), and litigating complex antitrust cases in federal courts across the nation.

Utilizing his knowledge of markets and trade policy and dynamics, Dan similarly assists businesses with navigating trade and supply chain issues, including foreign direct investment (CFIUS), export controls (EAR) and tariffs, duties, and trade sanctions.

Renewable energy developers, electric vehicle manufacturers, and battery supply chain companies involved in the electrification ecosystem across the U.S. rely on Dan to navigate complex regulatory and policy matters to help develop a robust domestic green energy infrastructure.

Antitrust Litigation

• In a seminal group boycott case, represented Bauer Publishing, one of five publishers sued by magazine wholesaler Anderson News, for allegedly perpetrating a boycott to drive it out of business. After extensive discovery, Bauer successfully moved for summary judgment on the basis that Anderson could not support an inference of collusion. The U.S. District Court for the Southern District of New York granted summary judgment, dismissing the case which sought $371 million in damages, which was affirmed by the Second Circuit.
• Represented the largest electrical union chapter in the U.S. in a group boycott case brought by contractors with laborers affiliated with members of a rival union. After extensive discovery, the U.S. District Court for the Southern District of New York granted summary judgment finding that the proof did not support an inference of collusion. The Second Circuit affirmed the decision.
• Represented a commercial bank in asserting a monopolization claim against a large Patent Assertion Entity for its acquisition of, and enforcement activities with respect to, a patent portfolio. This was the first antitrust plaintiff to advance this theory to the summary judgment stage of litigation.
• Represented the Consumer Data Industry Association in obtaining dismissal with prejudice by the U.S. District Court for the Southern District of New York of a claim that it monopolized credit reporting guidelines.
• Represented a battery component company in connection with a monopolization claim asserted against it in the U.S. District Court for the Western District of North Carolina. The matter was successfully resolved.
• Represented a multinational optical lens company in the District Court for the Eastern District of Virginia in asserting a patent misuse defense in connection with a patent infringement claim asserted against it.
• Represented a public utility in an antitrust action brought by the California Attorney General alleging a conspiracy to overcharge California citizens for energy. The case was dismissed on a motion to dismiss, which was affirmed by the Ninth Circuit.
• Represented an artificial tree manufacturer in defending against bid-rigging and predatory pricing claims in U.S. District Court of Minnesota. The antitrust claims were voluntary dismissed.
• Represented clients on confidential criminal antitrust investigations and successfully convinced the U.S. Justice Department to avoid pursuing criminal charges.

Mergers, Acquisitions, and Antitrust Counseling

• Represents clients in connection with U.S. Justice Department (DOJ)/Federal Trade Commission (FTC) reviews, including with respect to responding to second requests.
• Secured early HSR waiting period termination from DOJ and FTC in M&A deals involving automobile fleet transportation, hospital-physician practice acquisitions, and other industries.
• Counseled and coordinated foreign antitrust analyses for a Georgia broadband-equipment manufacturer on a $2.5 billion corporate acquisition that successfully cleared full HSR review by the U.S. Justice Department within 90 days.
• Counseled data company in an acquisition that successfully cleared full HSR review by the DOJ following the issuance of second request.
• Counsels clients on joint ventures, pricing strategies, commercial agreements, and benchmarking.

CFIUS/Export Controls/ITAR

• Represents U.S. clients on a broad range of strategic and regulatory issues, including CFIUS, export controls and ITAR, on investments and acquisitions in the U.S.
• Represented several companies, including an insurance software company and solar project developer, in successfully resolving CFIUS-initiated investigations during the minimum review periods, absent mitigation.
• Successfully represented suppliers in ITAR / Department of Defense programs in clearing transactions during DDTC registration processes, CFIUS, and regulatory reviews
• Represents China/Taiwan-based and U.S. clients on a broad range of strategic and regulatory issues, including CFIUS and EAR, on investments and acquisitions in the U.S.
• Represented a North Carolina joint venture backed by a China state-owned entity that produced rail freight cars in North America. Following a Congressional-initiated investigation, obtained CFIUS clearance without mitigation after the minimum 75-day review period.
• Represented a China-based industrial company before CFIUS in connection with its acquisition of a U.S. competitor. Among other things, the acquirer sold products to a country subject to UN sanctions and CFIUS rejected a previous effort by a China entity to acquire the target. Obtained CFIUS clearance without any mitigation following the 75-day review period.
• Represented a foreign acquirer of undersea cable on CFIUS submission in coordination with a Team Telecom review; received clearance absent any mitigation.

Renewables, Electric Vehicles, and Battery Supply Chain

• Represents renewables developers on various supply chain issues, including impacts of tariffs/duties, domestication, and sanctions (UFLPA).
• Represents domestic electric vehicle manufacturers on regulatory, compliance, and disputes.
• Represents a battery component company on regulatory issues and market growth.

• Legal 500 United States, Antitrust: Civil Litigation/Class Actions: Defense (2022-2025)
• New York Super Lawyers (2013-2021)