Dan's practice is focused on product liability issues relating to pharmaceuticals and medical devices, commercial litigation, and antitrust matters. His trial work also encompasses class actions, intellectual property litigation, privacy and data security, and professional liability.
Dan advises international companies in the pharmaceutical, medical device, food, over-the-counter drugs, homeopathic remedies, and dietary supplement industries. He has served as defense counsel in over 3,000 product liability cases and represented companies in both state and federal courts in California and the US. Dan routinely advises clients on regulatory matters as well as the selection of local counsel and lead trial attorneys. His commercial litigation practice has covered a wide spectrum of issues and included representation of several international companies based in Italy, Mexico, India, United Kingdom, Korea, Japan, Taiwan, Germany, Australia, and Switzerland.
Specific to consumer class action lawsuits, Dan has successfully defended clients in class actions alleging false or misleading labeling or advertising of foods, cosmetics, over-the-counter drugs, dietary supplements, and homeopathic products. These claims have involved probiotics, “natural” ingredients, “clinically-proven” results, lack of efficacy, lack of substantiation, and failure to disclose. Representative statutes addressed include:
•California's Unfair Competition Law (Business & Professions Code 17200) and similar unfair competition statutes in every state and the District of Columbia based on allegations of unfair competition or false advertising actions.
•California Safe Drinking Water and Toxic Enforcement Act of 1986 (Proposition 65)
•Deceptive, False, and Misleading Advertising laws, such as California's Business & Professions Code 17500, and similar statutes proscribing advertising that contains false, deceptive, or misleading statements related to the sale of goods.
•Consumer Legal Remedies Act (CLRA), California Civil Code 1750, which establishes a remedy for unfair methods of competition and unfair or deceptive acts in the sale of goods to a consumer. CLRA violations commonly alleged against food and drug companies include “representing goods that have characteristics, ingredients, benefits or qualities that they do not have,” and “representing that goods are of a particular standard, quality, or grade.”
•Breach of Express and Implied Warranties under state and federal laws, including the Magnuson-Moss Act.
• Quoted in Top 5 Takeaways from Operation: Full Disclosure, Inside Counsel ( 10.29.2014 )
• Sixty-Two Mintz Levin Attorneys Included in The Best Lawyers in America, 2015 Edition, ( 08.18.2014 )
• Quoted in Defense Bar on Notice after Pella Class Deal Crumbles, Law360 ( 08.07.2014 )
• Quoted in Vermont's GMO Law Stirs Up New Fight Over Corporate Speech, Law360 ( 08.01.2014 )
• Sixty-Three Mintz Levin Attorneys Included in The Best Lawyers in America, 2014 Edition, ( 08.15.2013 )
• Mintz Levin's Daniel Herling Appointed Chair of Drug, Device and Biotechnology Section of Federation of Defense & Corporate Counsel, Inc., ( 07.29.2013 )
• Quoted in So the JPML Spurned Your MDL Bid. Now What?, Law360 ( 07.11.2013 )
• Featured in Mintz Hires Product Liability Pair in San Francisco, Law360 ( 04.05.2013 )
• Mintz Levin Continues Strategic Growth in San Francisco with Addition of Members Daniel J. Herling and Michelle Gillette, ( 04.05.2013 )
• Featured in Mintz Hires Product Liability Pair for S.F. Office, The Recorder ( 04.04.2013 )
Awards & Recognitions
•Expert Guides: Product Liability Litigation (2014)
•Northern California Super Lawyers: Business Litigation (2004 - 2014)
•Best Lawyers in America: Product Liability Litigation (2012 - 2015)
•Lead trial counsel in breach of contract/indemnity action case selected as a “Top 10 Defense Verdict” by The Daily Journal (2010)
•Martindale-Hubbell AV Preeminent
• Co-author, Battle of the Experts Brewing in Starbucks Trial, Law360 ( 11.07.2014 )
• Co-author, Food Fight over GMOs and the 'Right to Know', Law360 ( 06.19.2014 )
• Co-author, FDA Releases Final eMDR Rule and Deadline for Compliance, Medical Technology Alert ( 02.13.2014 )
• Speaker, April MCLE: The Fine Print Matters - Boilerplate Contract Clauses Through the Litigator's Lens, ACC America, San Diego, CA (04.17.2014)
• Speaker, California Green Chemistry: What Retailers should Expect and Prepare for in 2014, Mintz Levin, Webinar (12.03.2013)
• Speaker, Keynote: The Changing Landscape and the Global Impact & Regulatory Updates, SAI Global Food Safety Symposium, Los Angeles, CA (05.09.2013)
• Speaker, Fast, Fat Free, or Fraudulent: Latest Developments in False Advertising and Labeling Class Actions, DRI, Webinar (04.16.2013)