A passionate and formidable trial lawyer, attorney Dan Edelman represents clients in complex commercial disputes, including securities and shareholder litigation, antitrust litigation, and trade secret litigation. He has handled matters that run the gamut from straightforward contractual obligations to thorny questions of statutory law requiring economic analysis.
His clients include every type of commercial business, but particularly financial services, pharmaceutical (and biopharmaceutical), and commercial real estate companies of all sizes and stages.
Clients seek out Dan when they need a litigation attorney adept at breaking down and clearly explaining complex commercial and economic issues. Clients also appreciate that he keeps them abreast of every development in their case and treats their case with the same level of concern as they do.
Dan has been involved in significant antitrust and securities cases, including multi-district class actions brought under federal and state statutes. In the antitrust context, he has litigated cases under the Sherman Act, the Clayton Act, the Commodities Exchange Act, and state antitrust laws involving such issues as price-fixing, price discrimination, boycotts, attempted monopolization, and tying arrangements.
His securities litigation experience includes defending against individual, class action, and multidistrict claims brought under Section 10 of the Securities Exchange of 1934 as well as Sections 11 and 12 of the Securities Act of 1933. He played a leading role in several large accounting “restatement” cases (involving claims of securities fraud arising from companies’ restated financial results) and has defended against “short-swing profit” claims alleged pursuant to Section 16(b) of the 1934 Act.
Dan began his career with a two-year clerkship in the Southern District of New York. For nearly 25 years thereafter, he was employed by three major international firms, working on some of the largest and most bitterly disputed litigations in the country, including large class actions (in antitrust and securities) and major trade secret cases. He was also seconded to the City of New York to serve as a Special Corporation Counsel, where he successfully tried several jury cases to verdict.
- Banking Litigation
- Class Actions
- Commercial and Contract Litigation
- Corporate and Securities Litigation
- ERISA – Retirement and Benefit Plan Litigation
- Insurance Coverage and Reinsurance Disputes
- Intellectual Property
- Litigation & Business Disputes
- Real Estate
- Trade Secrets & Employee Mobility
- Successfully defended a worldwide credit card company against claims of attempted monopolization and illegal tying in the debit card market.
- Defended a global pharmaceutical manufacturer in a multidistrict litigation and concurrent state cases involving price fixing and price discrimination.
- Represented a leading mobile wireless provider in merger litigation under Section 7 of the Clayton Act.
- Represented a national Internet content provider sued together with other Internet provider businesses for concerted action in connection with financial rate tables.
- Represented a pharmacy benefit manager asserting group boycott claims against several large pharmacy chains resisting a prescription drug benefit program.
- Represented a major accounting firm asserting and developing loss causation defenses in a large securities litigation.
- Defended a commodities trading company in litigation stemming from restated financials.
- Represented a biopharmaceutical company in various cases concerning trade secret infringement associated with an FDA-approved drug.
- Represented a hedge fund defending against the use of a preferred shares conversion cap blocker in a “short-swing profit” claim.
- Represented a syndicate of banks in a lender liability case involving a foreclosure of a business executed under Article 9 of the Uniform Commercial Code.
- Sought injunctive relief for a private equity firm’s portfolio company under the Defend Trade Secrets Act.
- Represented owners of commercial real estate asserting self-dealing claims against asset managers.
- Represented an international bank in seeking recovery under a forfaiting contract.
- Represented an international logistics and freight carrier in a dispute with a distributor over a long-term contract.
- Benjamin N. Cardozo School of Law (J.D., 1992)
- Articles Editor, Cardozo Law Review
- Princeton University (A.B., 1988)
- New York
- U.S. Court of Appeals for the Fourth Circuit
- U.S. Court of Appeals for the Second Circuit
- U.S. District Court, Eastern District of New York
- U.S. District Court, Northern District of New York
- U.S. District Court, Southern District of New York
Professional & Community Involvement
- American Bar Association, Antitrust Section
- New York City Bar Association, Securities Litigation Committee
- The Bar of the City of New York, Securities Litigation Committee: Hot Topics in Federal Securities Litigation
- New York State Bar Association: Federal Civil Practice - Commencement of the Action