EXPERIENCE

Daniel's notable victories as a trial attorney and in other prominent matters include:

• Served as first chair on a Latham trial team that won a complete victory after a six-week state court jury trial in Southern California on four consolidated cases, arising from a dispute over ownership and control of a successful digitally native, e-commerce company, which helped pioneer online fashion branding. The jury awarded Latham’s clients over US$36 million in compensatory and punitive damages on claims including breach of fiduciary duty, fraud, conversion, and breach of contract. The jury resolved key and heavily contested ownership and control disputes in favor of Latham’s clients, in particular rejecting the Defendant’s claim to majority ownership and finding that Latham’s client enjoyed joint and equal control of a company valued at nearly US$400 million during trial by the Defendant’s expert. Daniel was recognized as a Runner Up for Litigator of the Week by The American Lawyer for this trial result.
• Leading a Latham team that won a complete defense verdict in a federal jury trial in Southern California. Daniel and Latham represented a major Dubai-based bank facing a US$1.6 billion claim by US fintech company for trade secret misappropriation and fraud. The plaintiff, InfoSpan, asserted that Emirates NBD Bank – one of the largest banks in the Middle East – had misappropriated a proprietary payment card platform, allegedly developed to serve unbanked laborers and provide them with a cost-effective solution for international remittances to their home countries. Latham took over the case from another firm prior to trial, and against nationally-regarded trial counsel, succeeded in establishing that Emirates NBD had properly terminated its relationship with InfoSpan, due to InfoSpan’s complete failure to deliver a viable product and that InfoSpan did not have any of the trade secrets it claimed. InfoSpan had sought more than US$1.6 billion in compensatory and punitive damages. Conducted successful oral argument to Ninth Circuit on appeal. Latham’s victory was recognized by the Daily Journal as one of the Top Verdicts of 2016.
• A complete defense award for Live Nation in a matter tried to the ICC International Court of Arbitration, in an action arising from an agreement to develop and implement a ticketing software platform for Live Nation’s domestic and international promotion and venue management businesses. Following a lengthy arbitration, Daniel and the Latham team established that CTS Eventim failed to meet its obligations to deliver a software system suitable for the North American, British, and certain European markets, defeated Eventim’s claims and request for US$920 million in damages, and obtained an award for Live Nation of monies wrongly retained by CTS Eventim.
• A complete victory as lead counsel in an arbitration for Canadian computer software vendors Constellation Software and Harris Computer, in a breach of contract action brought by the Los Angeles Unified School District (LAUSD) (the second largest school district in the US), alleging that Harris failed to deliver an Integrated Student Information Software system. Daniel led the trial team which won a complete rejection of LAUSD’s claim for more than US$60 million in damages, and won an award in favor of Harris of more than US$10 million on counterclaims.
• A complete defense verdict at jury trial, representing the owners of a robotic game competition in federal court in the Southern District of New York against claims of tortious interference brought by a competitor.
• A complete defense verdict for major venture capital firms and individual directors at trial in bankruptcy court in California over a failed DSL Internet provider, on claims under bankruptcy law and state law for fraudulent transfer, preferential transfer, breach of fiduciary duty, corporate waste, unlawful dividend, and negligence. Daniel first-chaired this bitterly contested matter which spanned over 13 years and included a five-week bench trial in the Bankruptcy Court resulting in a complete defense verdict for Latham’s clients, multiple successful summary judgment motions, an award of Rule 11 sanctions against opposing counsel, and affirmance by the District Court and Ninth Circuit Court of Appeals. Conducted successful oral argument to Ninth Circuit on appeal.
• A complete defense award and multi-million dollar attorney fee award for FTI Consulting in an arbitrated trade secrets and copyright dispute over game theory software used with high-stakes auctions.
• A complete defense award for a global consulting firm against claims seeking US$300 million in damages arising out of an Oracle ERP software implementation.
• A complete defense award in a binding arbitration, on behalf of an AmLaw 100 law firm, in an action brought by former partners of a defunct firm seeking recovery of their capital accounts, based on claims that Latham’s client had entered into a de facto merger rather than an asset purchase.  Latham won a complete victory before a single arbitrator.
• A multi-million dollar award and permanent injunction for a major motion picture producer in an arbitration with foreign distributors. Daniel obtained an order reverting ownership to key foreign distribution rights for 31 motion pictures, including titles such as Pulp Fiction, The English Patient, Good Will Hunting, and Slingblade.
• Successfully opposing class certification and winning summary judgment for the National Football League Players Association in litigation asserting that NFLPA failed to generate licensing opportunities for retired football players. Conducted successful oral argument to Ninth Circuit on appeal.
• Winning summary judgment for Debtor Franchise Pictures in a matter litigated in Bankruptcy Court with Morgan Creek Productions over copyright mortgages in numerous motion pictures.