Dan Ward is a seasoned litigator and trial attorney with a wide range of experience in complex commercial disputes and securities litigation. Dan has appeared in state and federal courts throughout the country and arbitration proceedings around the world, and also conducts internal investigations and regularly appears before the Securities and Exchange Commission. His practice includes post-closing M&A disputes, cross-border transactions, securities class actions, corporate governance matters, domestic and international commercial arbitration, ERISA and other retirement plan litigation, as well as intellectual property, insurance, real estate and land use matters.

Dan’s clients have included financial institutions and investment banks; private equity sponsors and hedge funds; institutional real estate investors; public and private research universities; infrastructure and utility providers; biotech and life science companies; consumer brands; technology companies; and numerous other private and publicly traded corporations and their individual directors and officers.

Dan handles matters through all stages of litigation, trials and appeals (including alternative dispute resolution) and regularly provides guidance on transactional matters related to litigation risk. Dan is also a frequent author and speaker on topics including securities regulation, ERISA and international arbitration, and he serves as the co-chair of the firm’s litigation training program.

Experience

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.
  • Represented major financial institution in litigation against Broadcom regarding software license renewal dispute.
  • Representing Advent International against fraud allegations in a complex civil dispute filed in the District of Massachusetts regarding the sale of an Advent portfolio company.
  • Represented 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 state and federal court in 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

  • Secured an arbitration award exceeding $300 million for a Goldman Sachs affiliate in a shareholder dispute involving one of the largest private telecommunications businesses in Latin America, following years of litigation and a week-long hearing. Obtained district court confirmation of that award and numerous other victories in proceedings in the Southern District of New York and Second Circuit related to the arbitration.
  • Secured dismissal of ERISA class action litigation in federal court for non-profit retirement plan sponsor.
  • Counsel to public university in putative class action regarding employee benefit plans. Following successful motion to dismiss on the first claim, plaintiffs voluntarily dismissed the litigation.
  • Counsel to leading biotechnology company in international arbitration concerning COVID 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 in New Hampshire against international telecommunications company concerning license agreements.
  • 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.

Securities Enforcement

  • Counsel to numerous public companies, private fund managers and other investment advisers in connection with FINRA inquiries, 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 the owner of a large commercial development after its tenant sought to terminate the lease and ceased paying rent. Won an early summary judgment motion and preliminary injunction in the Suffolk County Business Litigation Session, followed by a favorable million settlement for our client after mediation.
  • 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.

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. Dan also formerly served on the board of directors of empowerHER, an organization that provides mentorship for girls that have lost their mothers.

Areas of Practice