Dan serves as lead counsel in Lorain County v. Medical Mutual of Ohio, Aftermarket Sheet Metal Indirect Purchaser Antitrust Litigation, Schwartz v. Avis Rent-A-Car Corp., Klein v. Budget Rent-A-Car Group, and Sallee v. Dollar Thrifty Rent A Car; served as lead counsel in the Magnesium Oxide Antitrust Litigation, Dairy Indirect-Purchaser Antitrust Litigation, Johnson v. Evangelical Lutheran Church of America, Bausch & Lomb Contact Lens Product Liability Litigation and Schwartz v. Alltel Corp.; and is co-lead counsel in multiple other antitrust and consumer fraud class-action cases.

Dan was extensively involved in the LCD-TFT Indirect Purchaser Antitrust Litigation (nationwide price-fixing class action that settled for $1.1 billion), Vitamins Direct Purchaser Antitrust Litigation (nationwide price-fixing class action that resolved for $2 billion), NASDAQ Market-Makers Antitrust Litigation (nationwide price-fixing class action that settled for $1.027 billion), Monosodium Glutamate Antitrust Litigation (nationwide price-fixing class action that settled for $130 million), Methionine Antitrust Litigation (nationwide price-fixing class action that settled for $101 million), and Sorbates Direct Purchaser Antitrust Litigation (nationwide price-fixing class action that settled for $94.5 million).

Dan teaches complex litigation as a Lecturer in Law at Columbia Law School, taught class action law as Lecturer in Law at Cleveland State University’s Cleveland-Marshall College of Law, has lectured on class-action law at several law schools (including, Columbia, Vanderbilt, Ohio State, Tulane, and Georgia), and serves on Loyola University Chicago School of Law’s Institute for Consumer Antitrust Studies’ U.S. Advisory Board.

Dan chairs the ABA’s National Institute on Class Actions, is co-vice chair for the American Association for Justice’s Class Action Litigation Group, was an editorial board member and contributing author to the ABA Litigation Section’s publication Class Actions Today–Jurisdiction to Resolution, was a member of the Ohio Association of Justice Board of Trustees, and served as an editorial board member for the Ohio Academy of Justice’s Ohio Trial magazine. He writes a bimonthly column on class actions for Law360. He has published multiple law-review articles, and bar-journal articles, and op-eds on class-action topics, and he lectures nationally on class actions for the ABA and other bar associations.

EDUCATION

J.D., 1991, Michael E. Moritz College of Law, The Ohio State University,

• Member, The Ohio State Journal on Dispute Resolution

B.A., 1988, Speech Communication, Indiana University-Bloomington
Certificate in Jewish Studies, 1988, Indiana University-Bloomington

• Dean’s List (1984-1987)

BAR ADMISSIONS

Ohio, 1997

Illinois, 1991

TEACHING EXPERIENCE

Lecturer in Law, Columbia Law School, 2017-2019

Lecturer in Law, University of Michigan Law School, 2020-present

Lecturer in Law, Michael E. Moritz College of Law, The Ohio State University, 2022-present

Lecturer in Law, Cleveland-Marshall College of Law, Cleveland State University, 2005-2007

Lecturer, Northwestern University Prtizker School of Law, February 2022

Lecturer, University of Michigan Law School, October 2018

Lecturer, University of Georgia School of Law, November 2015

Lecturer, Notre Dame Law School, February 2015

Lecturer, Columbia Law School, February 2013, 2014, 2016, 2017

Lecturer, Benjamin N. Cardoza School of Law, Yeshiva University, April 2014

Lecturer, Tulane Law School, November 2013

Lecturer, Loyola University Chicago School of Law, November 2013

Lecturer, Vanderbilt Law School, April 2013

SELECTED PUBLICATIONS

Suspicionless Strip Searches – What’s Next?, 39:1 LITIGATION 8 (Winter 2013)

Ripped from the Headlines – Ten Lawyers Look at the Story, 38:2 LITIGATION 25 (Winter 2012)

“T’was Three Years After Twombly and All Through the Bar, Not a Plaintiff Was Troubled From Near or From Far.”  The Unremarkable Effect of the U.S. Supreme Court’s Re-expressed Pleading Standard in Bell Atlantic Corp. v. Twombly, 44 U.S.F. L. REV. 571 (2010)

The Unremarkable Effect of Bell Atlantic Corp. v. Twombly on Pleading Class-Action Complaints, 11:2 ABA’s COMM’L & BUS. LITIG. 6 (Spring 2010)

Is it CAFA or Kafka, AAJ’s TRIAL MAGAZINE 24 (July 2009)

ABA’s Consumer Protection Law Developments, Chapter 5 State Consumer Law, § 36 Ohio (2009).

“When Congress Gives You Lemons . . .”  Plaintiffs’ attorneys are forced by the Class Action Fairness Act to devise innovative new ways to prosecute interstate class actions, PLAINTIFF MAGAZINE 1 (Feb. 2008)

Multi-State Class Actions After CAFA—Preserving Consumers’ Rights by Pleading Creatively, ABA’s CLASS ACTIONS TODAY 9 (special edition 2007)

“How Do You Take Your Multi-State, Class Action Litigation?  One Lump or Two?”  Infusing State Class Action Jurisprudence into Federal, Multi-State Class-Certification Analyses in a “CAFA-nated” World, 46 SANTA CLARA L. REV. 567 (2006)

Unjust Enrichment’s Application to Consumer Price Fixing, Class Action Claims, 16 ABA’s CLASS ACTIONS & DERIVATIVE SUITS 1 (Winter 2006)

Undoing the Otherwise Perfect Crime.  Applying Unjust Enrichment to Consumer Price Fixing Claims, 108 W. VA. L. REV. 395 (2005)

A Non-Class Action Lawyer’s Guide to Ohio Consumer Class Actions–Understanding the Basics and Recognizing Opportunities, 14:3 OHIO TRIAL 26 (2005)

Price Fixing and Market Allocation–What to Avoid, What to Watch For, 2.2 ABA’S ANTITRUST COUNSELOR 1 (2005)

“Your Honor, Tear Down that Illinois Brick Wall!”  The National Movement Toward Indirect Purchaser Antitrust Standing and Consumer Justice, 30 WM. MITCHELL L. REV. 1351 (2004)

Price Fixing, Market Allocation and Bid Rigging Conspiracies:  How to Counsel Your Clients to Detect Violations and Inform You of Potential Claims, 25 AMER. J. TRIAL. ADVOC. 241 (2002)

Collusion Central.  Helping Your Clients Deal with Price Fixers, 11:3 ABA’S BUS. L. TODAY 9 (2002)

A Practitioner’s Primer on Securities Fraud Class Action Litigation, 69:6 CLEV. BAR J. 8 (1998)

Kicking Our Gift Horse in the Mouth—Arbitration and Arbitrator Bias:  Its Source, Symptoms and Solutions, 7 OHIO ST. J. ON DISP. RESOL. 315 (1992)

Winning Isn’t Everything, It’s the Only Thing.  Violence in Professional Sports:  The Need for Federal Regulation and Criminal Sanctions, 25 IND. L. REV. 147 (1991)

SELECTED PROFESSIONAL ACTIVITIES

American Bar Association, 2003–Present

• Chairperson, National Institute on Class Actions, 2010–Present

Contributor, A. Scalia & B. Garner, Reading Law: The Interpretation of Legal Texts (2012)

American Association for Justice, 1998–Present

• Co-Chair, Class Action Litigation Group, 2018–Present
• Secretary, Class Action Litigation Group, 2015–Present
• Vice Co-Chair, Antitrust Subcommittee, 2015–Present
• Rule 23 Subcommittee, 2014–Present

SELECTED BOARD MEMBERSHIPS AND CIVIC ACTIVITIES

Ohio Association of Justice, 2003–Present

• Board of Trustees, 2012–Present

Loyola University Chicago School of Law, Institute for Consumer Antitrust Studies’ U.S. Advisory Board, 2004–Present

Class Action Advisory Board, Strafford Legal Publications, 2008–Present

Editorial Board, American Bar Association, Litigation Section’s Class Actions Today. Jurisdiction to Resolution (special publication), 2007–2008

Young Leadership Board, Jewish Federation of Metropolitan Chicago, 1993–1997

Young Leadership Board, Jewish Community Federation of Cleveland, 1997–2000

HONORS AND AWARDS

Norvelle Scholarship for Academic Excellence, Indiana University

Ohio Super Lawyer, 2012–Present