Dan Dufner | White & Case LLP International Law Firm, Global Law Practice
Daniel Dufner
Daniel Dufner

Dan Dufner

Partner, New York

“Dan is an extraordinary counsellor; his skill, sound judgement, loyalty and dedication are second to none among outside advisers.”

Lexology's Client Choice Award

Overview

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.

Bars and Courts

  • New York State Bar

Education

  • JD, American University, Washington College of Law
  • BA, University of Pennsylvania

Languages

  • English

Experience

Anthem, Inc., 2018

Dan represented Anthem, Inc. in its acquisition of Aspire Health, Inc., the nation's largest non-hospice, community-based palliative care provider.

Anthem, Inc., 2017

Dan represented 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., 2017

Dan represented 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., 2014

Dan represented 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., 2017

Dan represented Vertex Pharmaceuticals, Inc., in its acquisition of cystic fibrosis drug, CTP-656, from Concert Pharmaceuticals, Inc., for up to US$250 million.

EchoStar Corporation, 2018

Dan represented 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, 2018

Dan represented EchoStar Corporation in its proposed acquisition of LSE-listed Inmarsat plc.

EchoStar Corporation, 2017

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, 2014

Dan represented 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.

DISH Network Corporation, 2013

Dan represented DISH Network in its US$25.5 billion unsolicited proposal to acquire Sprint Nextel Corporation, one of the most high-profile transactions of 2013.

Anthem, Inc., 2012

Dan represented 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., 2011

Dan represented 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, 2011

Dan represented 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.

Speaking Engagements

"World Recognition of Distinguished General Counsel", February 2014: The Directors Roundtable, Los Angeles, California, (panelist)

Publications

  • Hostile Takeover Bids and The Power Of 'Just Saying No', Law360, July 17, 2014, (co-author)

Awards & Recognition

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.