Daniel B. Rapport

Dan Rapport represents investment funds, corporations, 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.

Representative Matters

• Advising a derivative counterparty regarding rights, remedies, and potential litigation claims arising out of events in the Texas electricity market in connection with Winter Storm Uri in February 2021.
• Over the course of nearly a decade, Dan represented two hedge funds pursuing claims against the Republic of Argentina to recover on defaulted bonds.
• Representation of U.S. Bank National Association in its capacity as indenture trustee of certain notes issued by Windstream Services, LLC in connection with litigation concerning an alleged default under the indenture.  Dan and the firm litigated the matter through trial, with the court ultimately ruling in favor of U.S. Bank on all points, and finding that Windstream had in fact breached the indenture.
• Defense of Wells Fargo & Co. and Wachovia against multibillion-dollar claims asserted by Citigroup arising out of the acquisition of Wachovia by Wells Fargo during the financial crisis.
• Representation of T-Mobile USA, Inc. as plaintiff asserting antitrust claims arising out of an alleged conspiracy to fix prices of LCD screens.
• Defense of the former CFO of a biotech company against breach of fiduciary duty claims arising out of the sale of company shares through allegedly improper means. 
• 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 proposed merger with Humana.
• Representation of the Special Litigation Committee of H.J. Heinz Company in connection with its acquisition by Berkshire Hathaway Inc. and 3G Capital Partners Ltd.
• Defense of a hedge fund against claims arising out of alleged misconduct by a former employee.
• Conducted an internal investigation regarding misconduct by a senior hedge fund manager.
• Representation of directors and senior officers during a Special Litigation Committee investigation at a Fortune 500 company.
• Representation of a Fortune 1000 pharmaceutical company in complex commercial disputes.
• Defense of T-Mobile USA, Inc. and one of its executives against claims that T-Mobile had violated various FCC orders.
• Representation of a litigation trust formed to pursue claims for breach of fiduciary duty against the former controlling shareholder of Marvel Entertainment Group.