Daniel Rapport represents investment funds, corporations, governmental organizations, and individuals as plaintiffs and defendants in high-profile complex commercial litigation and arbitration, often in matters of first impression. He also advises funds, corporations, special committees, and individuals in connection with investigations and governance practices.
- Over the course of nearly a decade, Mr. Rapport represented two hedge funds pursuing claims against the Republic of Argentina to recover on defaulted bonds. In 2016, the clients settled with the Republic of Argentina for approximately $1.3 billion. The litigation involved novel issues of contract and judgment enforcement law, and their intersection with the Foreign Sovereign Immunities Act.
- Defense of Wells Fargo & Co. and Wachovia against multibillion-dollar claims alleged by Citigroup arising out of the acquisition of Wachovia by Wells Fargo during the financial crisis. The firm achieved a highly favorable ruling on a matter of first impression concerning a recently enacted provision of the Emergency Economic Stabilization Act.
- Representation of T-Mobile USA, Inc. as plaintiff with antitrust claims arising out of an alleged conspiracy to fix prices of LCD screens. The clients achieved a highly favorable settlement.
- Defense of the former CFO of a biotech company against breach of fiduciary duty claims arising out of the sale of company shares through unlicensed finders.
- Defense of Wells Fargo & Co. against a qui tam claim brought under the Federal and New York State False Claims Acts.
- Representation of the Special Litigation Committee of Aetna in connection with its merger with Humana.
- Representation of the Special Litigation Committee of H.J. Heinz Company in connection with its $28 billion acquisition by Berkshire Hathaway Inc. and 3G Capital Partners Ltd.
- Defense of a hedge fund against a claim for vicarious liability arising out of alleged conduct by former employee in connection with an alleged Ponzi scheme..
- Defense of T-Mobile USA, Inc. and one of its executives against claims that T-Mobile had violated various FCC orders. Mr. Rapport and the firm were successful in getting the claims against the executive dismissed based on lack of personal jurisdiction, and the claims against the company stayed under the doctrine of primary jurisdiction.
- Representation of a litigation trust formed in the bankruptcy case of Marvel Entertainment Group to pursue claims for breach of fiduciary duty against Marvel's former controlling shareholder and affiliated.
Yale Law School, J.D. (1995)
Harvard College, A.B., cum laude, Phi Beta Kappa (1990)
State of New York
U.S. District Courts for the Southern and Eastern Districts of New York
U.S. Courts of Appeals for the Second, Third, and District of Columbia Circuits
U.S. Supreme Court
The Honorable Miriam Goldman Cedarbaum, U.S. District Court for the Southern District of New York