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 mutual funds), public companies, and individual officers and directors.
Securities Litigation and Enforcement
- SEC Investigations. 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.
- RMBS Litigation. 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 trial on behalf of TMI Trust Company alleging breaches of representations and warranties by WMC Mortgage LLC in January 2018.
- 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; secured dismissal of class action litigation filed in federal court in Massachusetts against Seres Therapeutics, Inc., alleging securities fraud.
- Investment Management Litigation. Represented State Street Global Advisors in connection with ERISA and securities litigation arising from investment losses in their institutional funds.
- Transaction Litigation. Represented and advised numerous companies in connection with litigation arising from mergers and acquisitions.
- International Arbitration. Trial 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 or China, won a $98.5 million award on behalf of LoJack, with all counterclaims denied.
- Partnership Disputes. 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.
- Zoning, Land Use and Real Estate. Represented a leading REIT in multiple regulatory and land use proceedings regarding portfolio properties located in Boston; represented a public company in dispute regarding environmental remediation; represented a nationwide logistics company in a commercial leasing dispute.
- 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 numerous political asylum proceedings on behalf of refugees.
- 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)