Dan practiced at the firm between 1987 and 2005, before leaving to become General Counsel at GSI Group, a NASDAQ traded company with a highly diversified portfolio of laser, precision positioning, specialty optics and laser-based system products. He rejoined the firm in 2011 and manages the Litigation Practice.

During his career, Dan has tried numerous cases throughout the country in both state and federal courts. His practice includes commercial business disputes involving mergers and acquisitions, breaches of financial representations and warranties, professional malpractice, and general contract litigation. Dan also handles intellectual property disputes, including technology development, licensing, and patent royalty and software copyright disputes.

While in-house at GSI Group, where he also served as the corporate secretary, Dan led major project initiatives, including IP portfolio management, business acquisitions and divestitures, foreign joint venturing, export control, FCPA compliance and government contracting.

Representative Engagements

Commercial Business Disputes

• Represented a laser business acquirer in a breach of representation action against a U.K. seller, resulting in the return of approximately 50% of the  purchase consideration to acquirer.
• Represented an individual seller in enforcing earn-out rights against a major international acquirer, resulting in an $8 million judgment after trial.
• Represented the owner of a large commercial office tower in a claim against a national bank tenant for breach of maintenance and repair obligations under a long term, single tenant, absolute triple net lease. The case settled on confidential terms just prior to opening statements.
• Represented the Special Litigation Committee of a board of directors of a national franchisor in the review of a shareholder challenge to exercise certain investor put rights.
• Represented a builder and designer of an ocean-going barge on negligence and warranty claims after the vessel almost sank during its maiden voyage; defendants’ verdict on all counts.

Contract Disputes

• Represented a Boston-based yacht builder in an arbitration before the AAA in a contract dispute involving design patent, trade secret, and trade dress issues. Our client prevailed on all claims and was awarded full costs and attorneys’ fees.
• Represented the operator of western Massachusetts high speed fiber network in a 28-day arbitration with the network owner, a Massachusetts public agency. Successfully defended against a $30 million failure to market claim and obtained an $8.4 million award on our client’s counterclaim for breach of contract, as well as reformation of the existing operator agreement through the end of the contract term (2023) on highly favorable financial terms.
• Represented a multinational athletic shoe company in multiple sports enrichment contract disputes, including settlement of claims during jury deliberations resulting in public apology and payment to client.
• Represented a company in an action for recovery of $60 million for breach of a digital holography development contract. Judgment for the defendant after a four-week trial; multi-million dollar recovery for defendant.

Fraud & Breach of Fiduciary Duty

• Represented a shareholder in a fiduciary duty and fraud claim against LLC co-manager and officers who failed to disclose active M&A discussions to lender while simultaneously negotiating to purchase corporate debt and related stock options at a substantial discount. Confidential settlement reached after close of multi-jurisdictional discovery and summary judgment papers filed.
• Represented an acquirer in a fraud action brought by a competitor. Settled after two weeks of jury trial by plaintiff’s purchase of technology license and reciprocal non-competes.
• Represented a bankruptcy trustee in a leveraged buy-out fraudulent conveyance litigation. Finding in favor of the Trustee after a seven-day trial, resulting in an equitable subordination of the lender’s $8.5 million secured debt.

Non-compete and Non-solicitation Agreements, Trade Secrets

• Represented a national senior care franchisor in a suit to enforce non-compete obligations against former franchisees. The suit settled via entry of consent order and stipulated payment of attorney’s fees and unpaid royalties following a preliminary injunction hearing.
• Represented a national bank in connection with the theft of trade secrets by a former asset lending group. Defendants and hedge fund investor settled with return of stolen material, non-compete, non-solicitation, permanent injunction, and payment of loan origination fees and attorney fees following computer forensic analysis and service of detailed cease and desist letter.
• Represented a multinational medical software company in litigation against an employer and 12 former employees for violation of non-competition, non-solicitation, and non-disclosure agreements, and theft of trade secrets. The case settled on the eve of trial with substantial monetary payment and non-compete/non-solicitation restrictions in favor of our client.

Product Liability

• Defended an international steel manufacturer in a complex product liability action. The case settled on highly favorable terms during mediation after successfully obtaining access to plaintiff’s post-explosion causal analysis during discovery.

Intellectual Property Disputes

• Represented a software developer in a user interface copyright action; complaint dismissed on summary judgment.