Daniel V. Ward
Dan Ward has a wide range of experience in complex commercial disputes and securities litigation, including trials and appeals, investigations and international arbitration. His clients include public and private companies, investment advisers (including private equity sponsors, hedge funds and mutual funds) and individual officers and directors.
Securities and Corporate Governance Litigation
- Represented a private equity sponsor in expedited $2B merger litigation in Delaware Court of Chancery concerning the application of a “material adverse event” clause in light of a public company’s performance during the COVID pandemic.
- Representing private Delaware LLC in corporate governance dispute among board members and founder regarding claims of wrongful termination and fraud.
- Representing shareholders in derivative litigation pending in Delaware and California courts regarding breach of fiduciary duty by directors of a technology company.
- Counsel to investors and trustees of residential mortgage-backed securities (“RMBS”) in multiple loan repurchase cases in the state and federal courts of New York, Delaware and Connecticut.
- Trial counsel during three-week RMBS trial in federal court on behalf of TMI Trust Company alleging breaches of representations and warranties by WMC Mortgage LLC, seeking repurchase of thousands of mortgage loans and seeking hundreds of millions of dollars in damages.
- 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.
- Secured dismissal of class action litigation filed in federal court in Massachusetts against Seres Therapeutics, Inc., alleging securities fraud.
- Represented State Street Global Advisors in connection with ERISA and securities litigation arising from investment losses in their institutional funds.
- Represented and advised numerous companies in connection with disputes arising from mergers and acquisitions.
Commercial Litigation and Arbitration
- Counsel to leading biotechnology company in international arbitration concerning vaccine distribution before the London Court of International Arbitration.
- Counsel to public technology company in AAA commercial arbitration concerning $100 million claim for earnout payments allegedly due under a purchase agreement.
- Counsel to private technology company in federal court litigation pending in New Hampshire against international telecommunications company concerning license agreements.
- Counsel to major investment bank in international arbitration concerning investment in Latin American telecommunications company.
- Counsel during a month-long international arbitration 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, won a $98.5 million award on behalf of our client, with all counterclaims denied.
- 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.
- Lead trial counsel for individual accused of misappropriation of trade secrets, breach of contract and breach of M.G.L. c. 93A in dispute among 3D metal printing companies in federal district court in Massachusetts.
- Counsel to numerous public companies, private fund managers and other investment advisers in connection with SEC examinations and enforcement matters, including responses to deficiency letters and investigative subpoenas, involving a range of issues including accounting fraud and fund management fees.
- Conducted numerous internal investigations for public company audit committees regarding internal compliance with securities laws and regulations.
Zoning, Land Use and Real Estate
- Represented a leading REIT in multiple regulatory and land use proceedings regarding portfolio properties located in Boston; represented multiple public companies in disputes and investigations regarding environmental remediation; represented numerous commercial landlords in leasing and acquisition disputes.
- 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 numerous political asylum proceedings on behalf of refugees. Dan also formerly served on the board of directors of empowerHER, an organization that provides mentorship for girls that have lost their mothers.
- Co-author, “Arbitration, or Arbitrary Exception? The Unequal Treatment of Injunction Carveouts From Arbitration Provisions,” The New York Law Journal (April 29, 2021)
- Co-author, “Justices Will Bring Welcome Resolution In Int'l Discovery Row,” Law360 (March 25, 2021)
- Co-author, “The Governor’s LIBOR Legislation: Its Promise and Its Limitations,” New York Law Journal (March 18, 2021)
- Co-author, “3 Takeaways From Intel Retirement Plan Leaders' ERISA Win,” Ropes & Gray Practice Note (February 18, 2021)
- Co-author, “Special Servicing of CMBS Loans During Business Disruptions,” Bloomberg Law (September 18, 2020)
- Co-author, “Safeguarding Foreign Investments During A Pandemic,” Law360 (April 30, 2020)
- Co-author, “The Circuit Split On ERISA's Actual Knowledge Standard,” Law360 (October 17, 2019)
- Co-author, “‘Actual Knowledge’ and ERISA Statute of Limitations Issues in Proprietary Funds Litigation,” Lexis Practice Advisor (October 10, 2019)
- Quoted, “What the Supreme Court’s Decision in Lorenzo v. SEC Means for Fund Managers,” The Hedge Fund Law Report (April 25, 2019)
- Co-author, “Hong Kong Is Becoming A Top Int'l Arbitration Venue,” Law360 (April 11, 2019)
- Quoted, “SEC Reiterates Ratification of ALJs and Spells Out Process for Rehearings of Pending Actions,” The Hedge Fund Law Report (September 27, 2018)
- Co-author, “SEC Ratification for Defective Administrative Proceedings,” Harvard Law School Forum on Corporate Governance and Financial Regulation (September 18, 2018)
- Quoted, “SEC administrative proceedings resume after two-month pause,” HFMWeek (August 27, 2018)
- Co-Author, “Unanswered Questions Following the Supreme Court’s Holding in ‘Lucia v. SEC’,” Bloomberg BNA’s Securities & Capital Markets (June 28, 2018)
- Co-author, “SEC Announces Two Enforcement Actions Alleging Investment Advisers Inflated Performance,” Wolters Kluwer’s Securities Regulation Daily (June 11, 2018)
- Quoted, “Biotech Startup Seres Beats Suit Over Stock Drop,” Law360 (April 2, 2018)
- Co-author, “Year in Review: Recent Developments in CFTC Enforcement,” Bloomberg BNA Securities Regulation & Law Report (January 22, 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)
- JD, summa cum laude, Boston College Law School, 2006; Order of the Coif; Executive Articles Editor, Boston College Law Review
- AB (History), Princeton University, 2001
Admissions / Qualifications
- U.S. Supreme Court, 2015
- U.S. Court of Appeals for the First Circuit, 2013
- U.S. Court of Appeals for the Eleventh Circuit
- U.S. District Court for the District of Massachusetts
- The Best Lawyers in America (2021-2022)
- Benchmark Litigation Future Star (2019)
- Benchmark Litigation 40 & Under Hot List (2016, 2018-2019)