Of counsel in the Litigation Department, Daniel J. Beller has had extensive experience handling complex criminal and civil matters. Prior to joining the Firm, Dan served as an Assistant United States Attorney and Chief of the Major Crimes Unit in the United States Attorney’s Office for the Southern District of New York. He was elected as a Fellow of the American College of Trial Lawyers in 1998 and has been recognized consistently as one of America’s outstanding lawyers by Chambers Global, Chambers USA, New York Super Lawyers, The Best Lawyers in America and other publications.
Dan has wide and deep experience handling both criminal and
civil cases.
As a prosecutor, Dan handled numerous major investigations and,
as lead counsel, successfully tried approximately 15
jury trials to verdict. Since entering private practice Dan
has represented scores of corporate and individual clients in
criminal and government enforcement investigations and has
successfully handled cases involving alleged income tax evasion and
fraud, price-fixing, money laundering, official corruption,
commercial bribery, violations of the Foreign Corrupt Practices
Act, government procurement fraud, mail and wire fraud and insider
trading, among others.
The range of civil matters he has handled has included
practically every type of case including securities fraud, RICO,
securities manipulation, mergers, antitrust, contract, tort,
mortgage foreclosure and real estate litigation, intellectual
property and bankruptcy. He regularly counsels and represents
clients on internal compliance and corporate investigations and the
firm on professional responsibility matters.
Dan has litigated and tried significant cases in federal and
state courts and arbitrations throughout the United States for
major institutional and individual clients including
Goldman, Sachs & Co.; AIG Global Real
Estate; Sumitomo Corporation;
Citigroup; Bell
Atlantic; Cantor Fitzgerald, L.P.;
Mitsubishi Corporation; Oak Hill Capital
Partners; Oaktree Capital Management;
Caxton-Iseman Capital Partners; Duane
Reade Inc; American Ski Corporation;
Bicent Power LLC; and a large food,
agriculture, financial and industrial products and services
provider to the world:
- SEC v. Bisenius, et al. obtained
negotiated dismissal of SEC fraud action against client relating to
Freddie Mac subprime holdings without injunction, fine,
disgorgement or finding of wrongdoing against client;
- Greater Park City Company, et al. v. United Park
City Mines Company and Talisker Land Holdings, LLC (won motion
as lead counsel for property owner establishing failure of lessee
properly to exercise options to extend remaining 40 years of a
long-term ski resort lease);
- Troice, et al. v. Chadbourne & Parke LLP, et
al. (representation of law firm in connection with claims
arising out of Stanford Financial alleged Ponzi scheme);
- Bayonne Residential Limited Partnership v. Bayonne
Local Redevelopment Authority, The City of Bayonne and The Port
Authority of New York and New Jersey (representation of
property developer in action seeking $200 million damages for
breach of contract and violations of state law in connection with
the redevelopment of Bayonne Peninsula);
- AIG Global Real Estate, LLC v. ECRA GP, Inc.
(Morgan Properties), Montgomery County, Pennsylvania (obtained
preliminary injunction and successful settlement in major real
estate partnership dispute);
- Alphastar v. Goldman Sachs & Co.
(successful defense against claims of fraud and breach of duty
asserted by Chapter 7 Trustee of Bermuda insurance company);
- Vail Resorts, Inc. v. American Ski Corp. et
al., Denver County, Colorado (defeated motion for preliminary
injunction seeking to prevent the closing of the sale of ski
resort);
- Cuti v. Duane Reade Holdings, et al.,
United States v. Cuti and Tennant, SEC
v. Cuti and Tennant (defense of client in arbitration
initiated by terminated CEO; cooperation on behalf of a victim
client with DOJ and SEC in criminal and civil cases leading to
conviction of former CEO and company officer and judgment in favor
of victim client for more than $7 million in restitution);
- Monahan v. Caxton-Iseman Capital, et al., New
York Supreme Court (successful defense of client and its CEO in
sexual harassment suit and initiation of criminal prosecution
against plaintiff, a former employee, resulting in guilty plea and
recantation of all allegations against client);
- Ginsburg v. Gambro AB and Cobe Laboratories,
Inc., Circuit Court, Broward County, Florida (successful
defense of action for securities fraud and breach of fiduciary duty
before Florida jury);
- Black v. Sumitomo Corporation, Southern
District of New York (settlement after trial resulting in dismissal
of all claims and payment of attorneys fees and costs by
plaintiff);
- Reuters Inc. v. Cantor Fitzgerald, L.P. and Market
Data Corporation ($250 million breach of contract
arbitration);
- F.T.C. v. B.A.T. Industries (upholding, at
trial and on appeal, a major paper company acquisition against
novel government antitrust challenge)
- Pennzoil v. Texaco, Getty, United States
District Court, Tulsa, Oklahoma (antitrust, preliminary injunction
trial);
- Sindona v. Fisher, United States District
Court, Southern District of New York (successful defense of
attorney in malpractice action);
- Pross v. Katz, et al., New York Supreme Court
(successful defense of major real estate owners against claims by
alleged partner);
- Nacional Financiera, et al. v. Union Capital
Partners, Southern District of Florida (defeated effort to
enjoin $500 million corporate acquisition); and
- Reynolds v. Goord, United States District
Court, Southern District of New York (successful challenge to
coercive New York State prison tuberculosis control program).
Dan is an active participant in community and professional
activities. He serves as a Fellow of the American College of Trial
Lawyers, a Trustee of the Federal Bar Council, Vice Chair and
Trustee of The Jewish Theological Seminary, a Commissioner of
the National Commission of the Anti-Defamation League and former
Vice-Chair of ADL's New York Regional Board, Chair of its
International Affairs Committee and Chair of its Lawyers' Division
and Religious Freedom Task Force. He received the Torch of Learning
Award from the American Friends of the Hebrew University in 2001,
the Human Relations Award from the Anti-Defamation League, Lawyers
Division in 1996 , the Judge Simon H. Rifkind Award from The Jewish
Theological Seminary in 2011, the 2011 Above & Beyond Pro Bono
Achievement Award from Sanctuary for Families, and the 2015
Anti-Defamation League Generations of Justice Award.
Dan graduated from Harvard College, magna cum laude,
(1968) and received his J.D. from The Yale Law School (1972), where
he was an editor of the Yale Law Journal. Dan served as a
law clerk to the Honorable Irving R. Kaufman, Chief Judge of the
United States Court of Appeals for the Second Circuit. Prior to
joining the firm, Dan undertook a Special Assignment for the United
States Department of State (1973-74), and served as an Assistant
United States Attorney in the United States Attorney's Office for
the Southern District of New York (1974-78), where he was Chief of
the Major Crimes unit (1977-78).
