Dan Gold

Practices

Education and Clerkships

J.D., Boston University, 2002, magna cum laude, Boston University Law Review

B.A., Biology, Brandeis University, 1999, cum laude

Bar Admissions

Texas

Massachusetts

Court Admissions

U.S. Court of Appeals for the Fifth Circuit

U.S. Court of Appeals for the First Circuit

U.S. Court of Appeals for the Third Circuit

U.S. District Court for the Northern District of Texas

U.S. District Court for the Western District of Texas

U.S. District Court for the District of Massachusetts

Profile

Dan Gold enjoys complex, high-stakes litigation. He understands that clients do not; they have better ways to spend their time and resources.  So it is especially rewarding to have earned the trust and gratitude of happy clients.

Always focusing on ways to obtain early, pre-trial victories, Dan's recent successes include obtaining denial of class certification and dismissal of all other claims brought by hedge fund investors seeking more than $1 billion in damages, summary judgment in a lawsuit alleging improper competition with the American Airlines Center, summary judgment on a $780 million claim arising from a major telecommunications transaction, dismissal of a shareholder derivative case against the directors of a Fortune 50 company, and denials of class certification in significant consumer class actions for the National Football League and other clients. Dan has been selected for inclusion in Texas Super Lawyers - Rising Stars Edition by Thomson Reuters in Securities Litigation, 2007-2014.

Outside the firm, Dan is recognized as a leader in the community. For his service, commitment and leadership, Dan was honored as the Cardozo Society 2014 Young Attorney of the Year. He serves as an officer of the Securities Section of the Dallas Bar Association, a member of the Anti-Defamation League Regional Board for North Texas and Oklahoma, and in the leadership group of the Attorneys Division of the Jewish Federation of Greater Dallas.

Dan also frequently writes and speaks on issues related to class actions, securities litigation, and fiduciary duties. He has presented to, been interviewed, or published by the State Bar of Texas Annual Meeting, Dallas Business Journal, Bloomberg, Compliance Week, Corporate Counsel, Securities Regulation Law Journal, DFW Financial Services Counsel Roundtable, Securities Reform Act Litigation Reporter, Law360, UT Conference on Securities Regulation and Business Law, Litigation Section of the State Bar of Texas, Dallas Bar Association Securities Section, and Dallas Bar Association Business Litigation and Antitrust and Trade Regulation Sections.

Touchdown

NFL Super Bowl Trial

Haynes and Boone Garners National Attention for "A Series of Touchdowns" Scored on Behalf of the NFL in Super Bowl Seating Trial

The verdict in the federal jury trial arising from the issues with the installation of temporary seating at Super Bowl XLV continues to garner national attention.  As quoted in the New York Times, Haynes and Boone partner and lead trial attorney Thad Behrens noted that “the NFL has always accepted responsibility for the problems that were experienced by some of its fans at Super Bowl XLV and has attempted from the beginning to compensate them for their genuinely received losses and inconvenience."  But on the most disputed issue in the trial—whether the League fraudulently induced two of the plaintiffs into purchasing seats with obstructed views for the game—the NFL prevailed decisively.  NBC Sports hailed the verdict as “a big win for the league.”  The Texas Lawbook called the verdict in the case the latest in “a series of touchdowns for the NFL’s lawyers, who all practice at Haynes and Boone.”  
 
When the case was filed in February 2011, the plaintiffs designed it as a multi-million dollar class action on behalf of potentially hundreds of Super Bowl XLV ticketholders.   The Haynes and Boone trial team began dismantling the opposition back in July 2012 when the Court dismissed nearly all of the tort claims in the case.  That victory was followed by another in 2013, when the team secured the denial of class certification.  
 
That led to Haynes and Boone’s successful defense of the League in the jury trial of the remaining eight Plaintiffs in the case. The Plaintiffs were seeking approximately $705,000 in actual and punitive damages. The Court granted a directed verdict in favor of the NFL on Plaintiffs’ punitive damages claims, and the jury ultimately awarded the Plaintiffs a total of only $75,850 – about $630,000 less than they were claiming. Of the victory, Thad Behrens said, “It has been a privilege and honor to represent the NFL in this case, and I couldn’t be more proud of the extraordinary team of Haynes and Boone lawyers and professionals who brought about this result for our client.”
 
The jury verdict in this case comes less than two months after Haynes and Boone obtained the dismissal of all claims brought against the NFL in connection with a class action brought in New Jersey arising from claims that the NFL’s distribution of tickets to Super Bowl XLVIII violated New Jersey’s Consumer Fraud Act.

Links to coverage - 

Texas Lawbook (subscription required)

NBC Sports

New York Times (subscription required)


Selected Client Representations

  • Defense of the National Football League in Consumer Class Action. Defeated class certification for National Football League in lawsuit alleging claims of breach of contract and fraud against the NFL and the Dallas Cowboys for allegedly not providing prescribed seats to Super Bowl XLV ticketholders.
  • Dismissal and Denial of Class Certification in Hedge Fund Litigation. Lead counsel for defendants in a putative class action alleging breach of fiduciary duty, aiding and abetting, and vicarious liability in connection with the failure of a hedge fund. Obtained dismissal of all claims against entity defendants, and was subsequently retained to defend individual defendants. Defeated class certification and obtained voluntary dismissal of remaining claims. In re Parkcentral Global Litigation.
  • Defense of Oil and Gas E&P Company in Shareholder Derivative Lawsuit. Defending a private exploration and production company in a shareholder derivative lawsuit challenging an acquisition of oil and gas working interests.
  • Summary Judgment in American Airlines Center Litigation. Obtained complete summary judgment on behalf of a top real estate developer and related defendants in breach of contract, breach of fiduciary duty, and fraud lawsuit brought by Mark Cuban-controlled companies and the operator of the American Airlines Center.
  • Summary Judgment on the Pleadings. Obtained complete summary judgment on the pleadings for AT&T on claims of breach of contract, fraud and quantum meruit brought by a German investment bank. Successfully defended judgment on appeal.
  • Shareholder Derivative Suit Dismissal. Obtained dismissal of shareholder derivative suit filed against the board of directors of AT&T.
  • M&A Litigation. Represented companies, boards, special committees and investment banks in shareholders suits in Delaware and Texas challenging mergers and acquisitions and tender offers.
  • Defense of Class Action Under Texas Education Code. Successfully opposed class certification in a case alleging that online college violated Texas Education Code.
  • Poison Pill Litigation. Represented provider of enterprise software solutions in the Delaware Chancery Court trial and subsequent Delaware Supreme court appeal of the first case to challenge the validity of a 4.99% shareholder rights plan (or net operating loss "poison pill"). Selectica, Inc. v. Versata Enterprises, Inc. and Trilogy, Inc.
  • Hedge Fund Counseling. Advise hedge funds on minimizing litigation risk in connection with fund formation and structuring, exculpation and indemnification clauses, and investor disputes.
  • Clawback Claims Against Hedge Fund. Represented hedge fund in connection with clawback claims asserted by bankruptcy trustee for debtors that invested in Ponzi scheme.
  • Advice to Board of Directors in M&A Transaction. Advised Board of Directors of public company involved in merger transaction on minimizing risks and exposure of potential shareholder fiduciary duty and busted deal litigation.
  • Defense of Bankruptcy Adversary Proceeding. Successfully defended adversary proceeding brought by bankruptcy trustee claiming breach of contract. After obtaining dismissal of the complaint, convinced trustee’s counsel not to pursue the claim.
  • Special Committee Investigation. Represented Special Committee of the Board of Directors a public company in investigation of alleged wrongdoing by senior management.
  • Defense of Accounting Restatement and Earnings Projections Securities Fraud Claims. Defended worldwide pump manufacturer in a class action alleging securities fraud arising from accounting restatement, merger integration issues, and missed earnings projections. Obtained an order denying class certification and granting complete summary judgment in favor of the defendants, which was remanded for further proceedings after appeal. Flowserve Corporation Securities Litigation.
  • Special Litigation Committee Investigation. Representation of Special Litigation Committee of one of the country’s largest temperature-controlled transportation services companies in investigating breach of fiduciary duty claims arising from related-party transactions. Frozen Food Express Derivative Litigation.
  • Dismissal of Multi-Forum Shareholder Derivative Cases. Obtained dismissal of shareholder derivative suits in New York and Texas alleging that directors and officers breached their fiduciary duties in connection with accounting restatement, merger integration issues, and missed earnings projections. Flowserve Corporation Derivative Litigation.
  • Defense of Securities Class Actions. Defended the former President and CFO of a public company in a securities fraud class action arising out of the alleged failure to disclose related-party transactions. Natural Health Trends Securities Litigation. Representation of high technology client in parallel securities fraud class action, derivative litigation, formal SEC inquiry and internal investigation involving alleged accounting misstatements. Representation of biotechnology client in securities fraud class action arising out of non-approval of new drug.
  • SEC Enforcement and Litigation Matters. Representation of investment advisor in connection with SEC inquiry into "pay to play" practices involving public pension funds. Defense of an individual in SEC enforcement action alleging illegal insider trading.
  • Bankruptcy Trustee Litigation. Obtained summary judgment on behalf of the former President and CFO of a public company in a lawsuit brought by the bankruptcy trustee of a former distributor claiming fraudulent inducement and civil conspiracy. Kelly v. Lexxus International et al. Defense of former directors of bankrupt company in adversary proceeding brought by bankruptcy trustee alleging breach of fiduciary duty.

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