Daniel V. Ward
Dan Ward has a wide range of experience in complex commercial disputes and securities litigation, including trials and appeals, SEC investigations and international arbitration. His clients include investment advisers (including private equity sponsors, hedge funds and REITs), public companies, and individual officers and directors.
- International Arbitration. Trial counsel during a month-long international arbitration and summations on liability and damages in Hong Kong, on a matter brought against a Chinese supplier for breach of warranty. In one of the largest international arbitration awards ever decided in Hong Kong or China, won a $98.5 million award on behalf of LoJack, with all counterclaims denied.
- Jury Trial. Second-chair trial counsel in a $30 million wrongful termination and contractual dispute brought by a former partner of an investment management firm. Won a complete jury verdict for the defendant in a trial lasting over three weeks, and defeated the plaintiff’s subsequent appeal.
- Shareholder and Derivative Litigation. Secured dismissal of parallel class action and derivative litigation filed in federal court in Massachusetts against Abiomed, Inc., alleging securities fraud and breach of fiduciary duty, with both dismissals affirmed by the First Circuit.
- SEC Investigations. Counsel to numerous private equity fund managers and other investment advisers in connection with SEC examinations and enforcement matters, including responses to deficiency letters and investigative subpoenas.
- Investment Management Litigation. Represented State Street Global Advisors in connection with ERISA and securities litigation arising from subprime mortgage exposure in their institutional funds.
- RMBS Litigation. Representing investors and trustees of residential mortgage-backed securities (“RMBS”) in multiple loan repurchase cases pending in the state and federal courts of New York, Delaware and Connecticut. Recently prevailed against several motions to dismiss in claims worth hundreds of millions of dollars on behalf of Deutsche Bank National Trust Company.
- Transaction Litigation. Represented BioMimetic Therapeutics, Inc. in shareholder class action litigation in Delaware and Tennessee arising out of its merger with Wright Medical Group, Inc.
- Zoning and Land Use. Represented a leading REIT in multiple regulatory and land use proceedings regarding portfolio properties located in Boston.
- Off-Label Marketing. Counsel to medical device manufacturers in connection with investigations into alleged off-label marketing practices and related civil litigation.
- Antitrust. Represented a nationally known consumer products corporation as a member of a team that obtained merger clearance from the FTC.
- Pro Bono. Extensive pro bono practice, including as lead trial counsel in an international child custody dispute under the Hague Convention tried in New Hampshire federal court, and three successful political asylum hearings in Immigration Court.
- Co-author, “Year in Review: Recent Developments in CFTC Enforcement,” Bloomberg BNA Securities Regulation & Law Report (January 2018)
- Quoted, “Consultants Settle SEC Self Dealing, Fraud Charges,” FundFire (November 29, 2017)
- Co-author, “Inside SEC's New In-House Court Rules,” Law360 (August 1, 2016)
- Co-Author, “DOL Fiduciary Rule Implications for Private Investment Fund Managers,” Bloomberg BNA “Securities Regulation & Law Report” (June 13, 2016)
- Co-Author, “Omnicare's Square Peg Problem: Importing a Section 11 Standard Into a Section 10 Framework,” Bloomberg BNA Securities Regulation & Law Report (March 11, 2016)
- Co-Author “The SEC’s Current Views on Private Equity,” Law360 (June 1, 2015)
- “Ropes lawyer takes on dramatic international child abduction case,” Massachusetts Lawyers Weekly (November 20, 2014)
- "Confidential Informants in National Security Investigations", 47 Boston College Law Review 627 (2006)