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’s experience has earned him recognition by his peers as a Texas Super Lawyer Rising Star in Securities Litigation in the April 2007-2014 editions of Texas Monthly.

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.


Year in Review

2014 YEAR IN REVIEW – CLASS ACTION LITIGATION

The inaugural Class Action Litigation Year in Review focuses on key federal court decisions issued this year on class action issues. It does not attempt to catalogue every case, but rather, the focus is on a big picture overview of key cases and trends on issues that cut across all types of class actions.

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.

Recognition

Super Lawyers

Texas Rising Stars 2014

Thirty-two Haynes and Boone lawyers have been selected for inclusion in the 2014 edition of the Texas Super Lawyers Rising Stars directory. Compiled through peer nominations and research, the Rising Star distinction is given to only two percent of young attorneys in Texas.

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