< Directory David W.T. Daniels

David Daniels is a partner in the firm’s Litigation Group. Mr. Daniels focuses on disputes involving securities, the capital markets and other complex commercial issues. Mr. Daniels also represents clients in securities enforcement matters and in internal investigations.

His recent representative matters have included the following:

• Representation of hedge fund in lawsuit against bank arising out of the termination of a total return swap transaction.  Litigation involves allegation that bank wrongfully refused to return collateral following the hedge fund's termination of the ISDA-based swap agreement;
• Representation of hedge fund investor in lawsuit involving control of portfolio company.  Successfully obtained "mandatory" preliminary injunction requiring defendants to hand over control of the company to the investor pending trial on the merits;
• Defended directors of a European telecommunications company sued for alleged U.S. securities law violations in connection with an overseas privatization transaction;
• Defended hedge fund in multi-district litigation involving allegations of mutual fund late trading and market timing. Acted as liaison counsel for group of similarly situated hedge fund defendants;
• Represented plaintiff hedge funds, banks and insurance companies in recovery of losses suffered from securitizations of asset-backed securities;
• Defended senior officers of two Fortune 50 companies in class action securities fraud cases;
• Represented Special Litigation Committee formed to investigate allegations of stock option backdating by senior management;
• Represented Audit Committee in internal investigation of potential securities law violations; and
• Represented energy trading company in SEC investigation into FAS 133 and other accounting issues.

Mr. Daniels is a member of the bar of the District of Columbia and is admitted to practice before the United States Supreme Court and various federal trial and appellate courts around the country.

News

• Acquisition International names RK&O 2011 White-Collar Crime Law Firm of the Year
• U.S. News-Best Lawyers awards RK&O "Law Firm of the Year" in White Collar-Government Investigations Law and recognizes firm's other practice areas
• RK&O files amicus brief in First Amendment case before the U.S. Court of Appeals for the Third Circuit
• Recent Successes: RK&O Secures Dismissal of Directors of Foreign Company from U.S. Securities Lawsuit
• Recent Successes: RK&O Files Successful Amicus Brief with United States Supreme Court
• Recent Successes: RK&O Secures Dismissal of Hedge Fund Client from Multi-District Class Action Litigation

Publications

• "Beyond the Tipping Point: A Strategic Shift in the Relationship Between Investors and Their Portfolio Companies" by Craig Newman and David Daniels
• "Delaware Chancery Court Creates Potential Pitfall For Indemnification And Advancement Rights" by David Daniels and Paul Leder
• "Federal District Court Holds That SEC Action For Aiding And Abetting Under Exchange Act Section 20(e) Requires 'Actual Knowledge'" by David Daniels