Dan is a member of our US M&A practice, which is currently ranked among the "Elite" law firms for Corporate/M&A in Chambers USA, the leading independent legal directory.
His practice focuses on representing US public companies and includes US domestic transactions, as well as cross-border transactions throughout Europe, Asia and Australia.
Dan has worked extensively for longstanding clients Anthem (formerly WellPoint), DISH Network and EchoStar, and he is valued by his clients for his ability to handle complex cases involving different parties with competing interests.
Dan received Lexology’s 2018 Client Choice Award for New York M&A. He is also ranked as a "Leading Individual" for M&A in Chambers USA and has been recognized by The American Lawyer as "Dealmaker of the Week" and "Dealmaker in the Spotlight."
Dan began advising longtime client Anthem in early 2015 in connection with its proposed pursuit and recently terminated US$54.2 billion agreement to acquire Cigna Corporation. This transaction, which garnered front-page coverage for over two years, marks the largest transaction ever proposed in managed care and the first merger agreement in the industry that resulted from a public "bear hug" approach.
Dan's role as lead M&A counsel to Anthem required him to oversee and coordinate an extensive multi-practice team at White & Case, which now includes its Commercial Litigation practice leading a high-stakes front-page dispute with Cigna in the Delaware Court of Chancery over payment of a US$1.85 billion reverse termination fee and each party’s claims for billions of dollars in damages arising from allegations of breaches of the merger agreement.
Dan was also instrumental in overseeing and coordinating Anthem's defense against the US DOJ’s high-profile antitrust challenge to the merger, which included a trial before the US District Court, an appeal before US Court of Appeals—DC Circuit (which set a new procedural precedent as the first merger case to receive an expedited appeal there), and filing a petition to the US Supreme Court for writ of certiorari.
Other recent matters include the representation of:
Anthem, Inc. in the acquisition of Beacon Health Options, the largest independently held behavioral health organization in the US;
Anthem, Inc. its acquisition of Aspire Health, Inc., the nation’s largest non-hospice, community-based palliative care provider;
Anthem, Inc. in its acquisition of America's 1st Choice, a privately-held for-profit Medicare Advantage organization that offers HMO products in Florida and South Carolina;
Anthem, Inc. in its acquisition of HealthSun, one of the fastest-growing integrated Medicare Advantage health plans and healthcare delivery networks in Florida, from Summit Partners;
Anthem, Inc. in its acquisition of Simply Healthcare Holdings, Inc., which, through its two subsidiaries, Simply Healthcare Plans, Inc. and Better Health, Inc., is a leading managed care company for people enrolled in Medicaid and Medicare programs in the State of Florida;
Vertex Pharmaceuticals, Inc., in its acquisition of cystic fibrosis drug, CTP-656, from Concert Pharmaceuticals, Inc., for up to US$250 million;
EchoStar Corporation (NASDAQ: SATS) in the tax-free spin-off and subsequent merger of its broadcast satellite service business, including nine satellites and certain real estate owned by EchoStar, with a subsidiary of DISH Network Corp. (NASDAQ: DISH);
EchoStar Corporation, a premier global provider of satellite and video delivery solutions, in its agreement to enter into a joint venture with Yahsat, a leading global satellite operator based in the United Arab Emirates and wholly owned by Mubadala Investment Company, to provide commercial Ka-band satellite broadband services across Africa, the Middle East and southwest Asia;
EchoStar Corporation in its proposed acquisition of LSE-listed Inmarsat plc;
EchoStar Corporation in a strategic transaction with DISH Network Corporation involving the transfer of EchoStar's technologies business to DISH in exchange for the redemption of EchoStar preferred tracking stock issued in a prior transaction;
EchoStar Corporation in its strategic transaction with DISH Network Corporation. EchoStar and its subsidiaries received five satellites and related liabilities for in-orbit incentive payments to the manufacturers of certain of these satellites, as well as approximately US$11 million in cash from DISH Network. EchoStar and its subsidiaries also entered into a related long-term operating lease agreement for transponder services to DISH on the satellites it was to receive, in exchange for two issues of a newly-created preferred tracking stock that tracks the residential retail satellite business of Hughes Network Systems, LLC, a wholly owned subsidiary of EchoStar;
Hughes Network Systems, LLC , a subsidiary of EchoStar Corporation (NASDAQ: SATS) in the purchase of a minority interest in a joint venture with Yahsat, a leading global satellite operator based in the United Arab Emirates and wholly owned by Mubadala Investment Company;
Anthem, Inc. in its sale of 1-800 CONTACTS, INC., a leading contact lens retailer, to Thomas H. Lee Partners; its related sale of 1-800 CONTACTS' glasses business to Luxottica; and its prior acquisition of 1-800 CONTACTS from private equity firm Fenway Partners;
DISH Network in its US$25.5 billion unsolicited proposal to acquire Sprint Nextel Corporation, one of the most high-profile transactions of 2013;
Blockbuster, the DVD and video game rental company, on the sale of its Mexican operations to an affiliate of Grupo Salinas and the administration of its business in the United Kingdom;
Anthem, Inc. in its US$4.9 billion acquisition of Amerigroup Corporation, one of the country's leading managed care companies that is focused on meeting the healthcare needs of financially vulnerable Americans;
Anthem, Inc. in its acquisition of CareMore Health Group, a leading Medicare Advantage and Senior clinical care provider, which was sold by private equity firm CCMP Capital Advisors;
DISH Network Corporation in its acquisition of substantially all of the assets of Blockbuster, Inc. in a court-approved auction under Section 363 of the Bankruptcy Code; and
First Republic Bank in its US$1.8 billion merger with Merrill Lynch & Co., Inc.
"World Recognition of Distinguished General Counsel", February 2014: The Directors Roundtable, Los Angeles, California, (panelist)
Co-author, "Hostile Takeover Bids And The Power Of 'Just Saying No'," July 17, 2014, Law360
Client Choice Award for New York M&A, Lexology 2018
Leading Individual for M&A in the United States, Euromoney's Banking Finance and Transactional Expert Guide, 2018
Leading Individual for New York Corporate/M&A, Chambers USA 2018
Featured in The Long Haul: Client Secrets of Top M&A Rainmakers, The American Lawyer, March 28, 2016
Leading Individual for New York Corporate/M&A, The Legal 500 2016
Dealmaker in the Spotlight, The American Lawyer, September 2012
Dealmaker of the Week, The American Lawyer, July 13, 2012
Rising Star, Law360, April 7, 2010
One of the 10 attorneys under 40 to watch in the insurance space.