Dan is a member of Gray Plant Mooty’s antitrust, trial practice, and complex litigation areas. He has been chief counsel in antitrust litigation involving major industries in a variety of cases since 1970 ranging from data storage, media, food, oil and gasoline, airlines, consumer electronics, medical electronics, health care, thoroughbred horses, and many other areas. Dan has also been counsel in trademark and patent infringement actions, and has an active pro bono civil rights practice.
He continues to author and lecture extensively. Dan has been the chair of the Sedona Conference antitrust law program every year since its inception in 1998.
Experience
- Numerous reported antitrust decisions
- Pamela A. Postema v. National League of Professional Baseball Clubs et al., Civil Action No. 91 -CIV-8507 (RPP), in the U.S. District Court for the Southern District of New York (action by female umpire for employment discrimination in professional baseball umpiring)
- Reilly v. MediaNews Corp. et al., Case No. 3:06-cv-4332 in the U.S. District Court for the Northern District of California (action to enjoin combination and consolidation of daily newspapers in the San Francisco Bay Area)
- Imation Corp. v. Quantum Corporation, Case No. 01-1798 RHK/JMM in the U.S. District Court for the District of Minnesota (action for damages and injunctive relief for violations of Sections 1 and 2 of the Sherman Antitrust Act in the market for computer backup tape)
- 3M Corporation v. Appleton Papers, Inc., Case No. 4-95-786 in the U.S. District Court for the District of Minnesota (action for damages and injunctive relief for violations of Sections 1 and 2 of the Sherman Antitrust Act in the carbonless paper industry)
Representative Cases
- Lead Counsel, Minneapolis Branch of the NAACP, et al. v. State of Minnesota, et al., File No. MC 95-014800, Hennepin County District Court, Fourth Judicial District of Minnesota (action for failure to provide an adequate education in Minneapolis public schools as required by the Minnesota State Constitution)
Publications
- "Antitrust for In-House Counsel," The 2007 In-House Counsel Crash Course, Minnesota State Bar Association, Dec. 2007
- "Non-Price Predation Under Section 2," Antitrust Law and Litigation IX, coauthored with Sitso Bediako, Sedona Conference, Sedona, AZ, Oct. 25, 2007
- "Texaco, Inc. v. Dagher: Opportunities Missed and Neglected," The Antitrust Bulletin, Fall Winter 2007
- "Matsushita and the Role of Economists with Regard to Proof of Conspiracy," Loyola University Chicago Law Journal, Vol. 38, No. 3, Spring 2007
- "Extraterritorial Reach of United States Antitrust Laws," Antitrust Law & Litigation VIII, coauthored with Maxwell J. Bremer, Sedona Conference, Sedona, AZ, Aug. 18, 2006
- "What Business Counsel Needs to Know about Antitrust," Business Law 102, Minnesota State Bar Association, Minneapolis, MN, Aug. 2006
- "A Visitor’s Guide to the Supreme Court, Antitrust and the Art of Advocacy: Arguing an Antitrust Case Before the U.S. Supreme Court,” Minnesota State Bar Association, Minneapolis, MN, April 25, 2006
- "The Sedona Conference Commentary on the Role of Economics in Antitrust Law: A Project of the Sedona Conference Working Group on the Role of Economics in Antitrust (WG3)," editor in chief, Feb. 2006
- "Ten Commandments of Summary Judgment," The Antitrust Litigation Course, American Bar Association, Section of Antitrust Law, Oct. 17, 2005
Presentations
- "Antitrust Update," 2009 Business Law Institute, May 4, 2009
- “Electronic Discovery: When Problems Emerge,” South Dakota Bar Association, June 20, 2007
Education
- Harvard Law School, J.D., cum laude, 1970
- Yale University, M.A. in English literature, 1967
- Harvard University, undergraduate degree, with honors, 1965
Bar Admissions
- all Minnesota state and federal courts
- U.S. Supreme Court
- U.S. Court of Appeals for the Federal Circuit
- U.S. Tax Court
- U.S. Courts of Appeals for the First, Second, Third, Fourth, Fifth, Seventh, Eighth, Ninth, Tenth, and Eleventh Circuits
Professional Activities
- International Academy of Trial Lawyers, fellow
- American College of Trial Lawyers, fellow
- American Bar Association
- Litigation Counsel of America, Trial Lawyer Honorary Society, fellow
- Minnesota State Bar Association
- Hennepin County Bar Association
Honors and Distinctions
Community Involvement
- Centro Legal, Board of Directors, member