A former clerk for Justice Antonin Scalia and for Judge Diarmuid F. O’Scannlain on the Ninth Circuit, Daniel Sullivan is a leader of Holwell Shuster & Goldberg’s appellate practice. He recently obtained, on behalf of TIG Insurance Company, partial reversal from the Second Circuit of a portion of a judgment confirming an arbitration award against his client; an order from the U.S. Supreme Court vacating a Second Circuit decision in an appeal with significant implications for insider trading prosecutions, ultimately leading to a complete vacatur of the conviction against his client; reversal of a jury verdict in New York’s First Department in an appeal establishing an important precedent in asbestos cases, and a reversal in the Federal Circuit of a jury trial judgment in a patent-infringement case against an auto-parts manufacturer.
Dan leads high-stakes appeals and key motions around the country. Dan is currently representing opt-out investors in an appeal to the Nevada Supreme Court addressing, for the first time, the standards for direct shareholder actions under Nevada corporate law. In opioid insurance coverage litigation, he is representing Chubb in an appeal in the West Virginia Supreme Court challenging an anti-suit injunction barring Chubb from participating in a related coverage dispute in Delaware. The appeal in which he prevailed on behalf of TIG Insurance Company raised several novel issues of the contract interpretation and addressed whether the district court’s decision should have been vacated because the judge held stock in TIG’s adversary when he ruled in its favor—a first-of-its-kind appeal in the wake of a WSJ exposé on judicial stockholdings. In 2022, the case settled after TIG filed a petition for a certiorari on the judicial conflict issue. And, in his individual capacity, Dan represented Senator Ted Cruz in ballot eligibility challenges in New York State and federal court in connection with the 2016 Republican Presidential Primary election, prevailing in every case.
He has a leading role in trial-level commercial litigation, which includes managing RMBS putback cases covering billions of dollars in loans, insurance coverage disputes in multiple fora arising out of the opioid crisis, securities fraud matters, and other business litigation. He has prevailed in forum disputes and summary judgment motions in courts around the country.
Dan was recently appointed to serve as plaintiffs’ liaison counsel in a high-profile multi-district litigation alleging that pregnant women’s prenatal use of acetaminophen, such as Tylenol, caused autism and ADHD in their children.
Dan recently joined the advisory board of the Institute of Judicial Administration at NYU School of Law, a prestigious group of judges and appellate advocates recognized for their contributions to the justice system. Dan was named a Rising Star and a Trailblazer by the New York Law Journal, an Elite Boutique Trailblazer by The National Law Journal, and a Litigation Star by Benchmark Litigation.
Key Practice Areas:
- Appellate
- Business & Commercial
- Civil Litigation
- Class Action
- Constitutional
- Intellectual Property
- Securities
Year Joined Firm: 2014
Education:
- The University of Chicago Law School (J.D., Order of the Coif);
- The University of Chicago (B.A.)
Updated Aug 2023
