Dan Brody has spent the last 15 years litigating complex cases for many of the largest companies in the United States. And he spent a decade before that closing deals for the same kinds of clients. He has deep expertise in matters for global energy companies, structured finance, and antitrust litigation.
Clients place a value premium on his broad perspective as a seasoned litigator who is also an experienced deal lawyer, especially in matters involving environmental claims, complex financial structures, and financial fraud allegations.
Dan earned his J.D. from Harvard Law School in 2001. He is a current Fellow of the American Bar Foundation, a member of the ABA's Climate Change Committee, and has been listed in Lawdragon’s 500 Leading Litigators in America for the last four years (2023–2026).
Lawdragon Honors
| Honor | Year | Practice |
|---|---|---|
| The 2026 Lawdragon 500 Leading Litigators in America | 2026 | Complex Commercial Litigation |
| The 2025 Lawdragon 500 Leading Litigators in America | 2025 | Complex Commercial Litigation |
| The 2024 Lawdragon 500 Leading Litigators in America | 2024 | Complex Commercial Litigation |
| Lawdragon 500 Leading Litigators in America | 2023 | Complex Commercial Litigation |
Representative Matters
ConocoPhillips
- National counsel for ConocoPhillips in dozens of climate change lawsuits across the country brought by state and local governments against the energy industry.
- Counsel for ConocoPhillips in multiple environmental lawsuits brought by various parishes in Louisiana who allege that contamination and erosion of the Louisiana coastline was caused by legacy ConocoPhillips (and other energy companies’) oil and gas operations.
- Counsel for ConocoPhillips in tort action brought by multiple Chinese fishermen plaintiffs for alleged harm from an oil release from the Penglai 19-3 offshore oil field operated by ConocoPhillips China in the Bohai Bay. Obtained dismissal of all claims.
- Advised ConocoPhillips regarding a production sharing contract and development agreement between ConocoPhillips’s predecessor and the China National Offshore Oil Corporation.
Microsoft
- Advised Microsoft regarding transfer pricing issues underlying a major IRS audit and summons-enforcement action.
- Advised Microsoft regarding its Search Alliance with Yahoo!. The parties successfully restructured the Alliance at its five-year anniversary.
- Prevailed in an emergency arbitration seeking a preliminary injunction ordering Yahoo! to transition to Microsoft’s Bing Ads in Taiwan and Hong Kong. Defeated Yahoo!’s petition to vacate award in federal court.
Hewlett-Packard
- Trial counsel for Hewlett-Packard in an antitrust MDL (N.D. Cal.) regarding a price-fixing conspiracy engaged in by Hewlett-Packard’s suppliers of Optical Disk Drive products.
- Trial counsel for Hewlett-Packard in an antitrust MDL (N.D. Cal.) regarding a price-fixing conspiracy engaged in by Hewlett-Packard’s suppliers of TFT LCD products.
DuPont
National counsel for DuPont in PFAS litigation across multiple jurisdictions on claims that its 2015 spin-off of The Chemours Company was a fraudulent transfer. Handling those claims in the aqueous film-forming foam (“AFFF”) multidistrict litigation in the District of South Carolina as well as in PFAS-related cases in California, Louisiana, Michigan, New Hampshire, New Jersey, New York, North Carolina, Ohio, Tennessee, Texas, and Vermont.
Duke Energy
Trial counsel for Duke Energy in a $1.2 billion fraudulent conveyance case brought against it by a litigation trust created out of the bankruptcy of Duke’s former wholly owned real estate development subsidiary, Crescent Resources. The case settled following a partial summary judgment in Duke’s favor dismissing most of the trust’s federal fraudulent conveyance claims.
MassMutual
Represented MassMutual in its actions under the Massachusetts Uniform Securities Act, against underwriters Credit Suisse and Goldman Sachs, arising from their sales of residential mortgage-backed securities to MassMutual in 2005–2007.
Arconic
Advised Arconic Inc. regarding U.S. litigation arising out of the 2017 Grenfell Tower fire in London. A group of affected plaintiffs and their estates brought suit in Pennsylvania, alleging that cladding panels manufactured by Arconic’s French subsidiary contributed to the rapid spread of the fire. U.S. lawsuit dismissed on forum non conveniens grounds.
FGIC Ad Hoc Group of Investors
Advised ad hoc group of investors, comprising hedge funds and insurance companies, in nine Countrywide residential mortgage-backed securities trusts insured by Financial Guaranty Insurance Company (FGIC) in facilitating a $950 million settlement among Bank of America, FGIC, and BNY Mellon as Trustee for the nine trusts.
Johnson Controls
Counsel for Johnson Controls, Inc. in its dispute with Saft Groupe S.A. related to the parties’ joint venture Johnson Controls-Saft Advanced Power Solutions LLC, which developed and manufactured lithium-ion batteries for hybrid and electric vehicles. Successfully opposed Saft’s motion for a temporary restraining order brought in S.D.N.Y. and successfully arbitrated the scope of the parties’ rights to make public statements about the formation of their joint venture. Resolved case through favorable settlement for Johnson Controls under which it acquired Saft’s interest in the joint venture.
Corteva
National counsel for Corteva in PFAS litigation across multiple jurisdictions on claims that the 2015 spin-off of The Chemours Company was a fraudulent transfer. Handling those claims in the aqueous film-forming foam (“AFFF”) multidistrict litigation in the District of South Carolina as well as in PFAS-related cases in California, Louisiana, Michigan, New Hampshire, New Jersey, New York, North Carolina, Ohio, Tennessee, Texas, and Vermont.
Frank McCourt
Represented Frank McCourt, the former owner of the Los Angeles Dodgers, in connection with his legal malpractice claims against Bingham McCutchen LLP arising out of Bingham’s negligent preparation of Mr. McCourt’s postnuptial agreement (which allowed his former wife to claim ownership of 50% of the Dodgers franchise, which sold for $2.15 billion). Obtained dismissal of Bingham’s declaratory judgment action against Mr. McCourt.
For a full list of matters, view his web bio.