Dan's Experience


Publications

Professional Recognition

  • “50 Lawyers on the Fast Track,” The Recorder, 2013
  • Burton Award for Legal Writing, 2007

Additional Qualifications

  • Law Clerk, Hon. Virginia A. Phillips, U.S. District Court, Central District of California, 2007-2008
  • Law Clerk, Minnesota Disability Law Center and Center for Education Law, 2005


Representative Experience

Anchorage v. M.P., Ninth Circuit Court of Appeals

Drafted the Amicus brief on behalf of the Council for Parent Attorneys and Advocates in this ground-breaking special education case. The Ninth Circuit Court of Appeals adopted Dan's reasoning in a published opinion that established that a school district cannot refuse to implement updated individualized education plans on the basis that parents are "litigious" or difficult.

Carmel Unified School District v. A.D.

Successfully represented a special education student threatened with placement in an isolated school for those with behavior problems. Obtained compensatory education and new services and assessments for the child while stopping the wrongful placement decision.

Driver v. Rumba Room and consolidated cases

Successfully represented the owner of a mall located in Anaheim, California in a collection of related lawsuits involving claims of construction defects, breaches of contract, fraud, and numerous other claims between fifteen parties represented by eleven law firms. (2018)

Westwood Center v. Waterproofing Professionals

Successfully represented the owner of multiple shopping centers in the Los Angeles area in an arbitration against a contractor who applied faulty waterproofing to the shopping center's parking garage. (2018)

Dicon v. Preciseley

Represented a manufacturer of MEMS fiber optic components asserting its patent in the Northern District of California. (2015)

FastVDO v. Microsoft and 511 Innovations v. Microsoft

Represented Microsoft defending these two patent lawsuits in the Eastern District of Texas, the first involving wireless phone voice codecs and the second involving optical sensors. (2015)

Verasonics v. Alpinion

Successfully represented a manufacturer of ultrasound research systems asserting claims for trade secret misappropriation and breach of contract in an international arbitration. (2015)

Ariba v. Coupa and E-Lynxx v. Ariba

Represented Ariba in these patent litigations in the Northern District of California and the Middle District of Pennsylvania, respectively. (2014 and 2013)

Certain Silicon Microphone Packages and Products Containing Same

Represented Complainant Knowles Electronics in this ITC investigation involving its patents on MEMS microphones. USITC Inv. No. 337-TA-888 (2014)

In re Certain Wireless Devices with 3G Capabilities, Inv.

Represented Huawei Technologies Co. Ltd. in a proceeding brought by Inter Digital against Huawei, LG, Nokia and ZTE, seeking to preclude importation of cell phones, datapads, and other 3G devices into the US. Cross-examination of the complainant’s expert was cited in the decision finding no infringement of one set of patents. ITC Inv. No. 337-TA-800 (2013)

Apple v. Motorola

Represented a leading smartphone maker in a patent infringement dispute in the Northern District of Illinois, briefing the motions that led to Judge Posner’s groundbreaking decision on patent damages. (N.D. Ill. 2012)

DownUnder Wireless LLC v. Samsung Elec. Co. et al.

Represented Samsung in this patent litigation involving wireless communication devices. Drafted the winning summary judgment dismissing all claims in favor of Samsung. (E.D. Tex. 2012)

Weyer et al. v. MySpace et al. (C.D. Cal.) and EveryMD v. Goldman Sachs et al.

Represented MySpace, Goldman Sachs, and a global financial institution in these patent litigations involving web pages, obtaining dismissal of both cases before commencement of discovery. (C.D. Cal. 2011 and 2012)

Patent ownership and licensing advice

Counseled a major software publisher regarding options for corporate restructuring and mergers with respect to patent and copyright licensing and ownership. Has counseled small businesses and startups regarding ownership and consolidation of IP and avoiding infringement of IP, and has drafted a founder contribution agreement contributing IP to a startup prior to a round of funding.

Confidential international arbitration

Represented a major telecommunications company in international arbitration to establish a royalty rate for a major portfolio of standards-essential and non-essential wireless patents, including examining and cross-examining key expert witnesses during the hearing. (2015)

Finisar Corporation v. Source Photonics, Inc. et al.

Represented Source Photonics in this patent lawsuit involving fiber optic components used in telecommunication systems and data communication networks. (N.D. Cal. 2010)

O2 Micro v. Beyond Innovation (BiTEK)

Represented BiTEK in this patent infringement case involving electronic circuitry. (E.D. Tex. 2009)

Saxon Innovations Corp. v. Nokia, et al.

Represented Samsung in this patent infringement case involving electronic circuitry. Successfully obtained dismissal of one asserted patent on summary judgment and the removal of another patent from contention. (E.D. Tex. 2009)

Valentine et al. v. Nebuad, Inc. et al.

Represented defendant Cable One against privacy-related claims in this class action. Prevailed on a motion to dismiss the claims against Cable One. (N.D. Cal. 2009)