Dan Moylan has extensive experience representing special litigation committees in the conduct of investigations following the filing of shareholder derivative actions (sometimes called "Zapata" or "Auerbach" investigations). Recently, Mr. Moylan has advised such committees of:
· a healthcare company investigating whether it should pursue claims against members of the board of directors and certain former officers, arising out of claims that the company violated applicable healthcare regulations.
· a mutual fund board of directors that investigated the conduct of the company's advisor (see Scalisi v. Grills, et al., Eastern District of New York, for the favorable ruling of the court following the investigation).
· a multi-national oil company that investigated whether the company followed U.S. and international law concerning its dealings with a nation under U.N. sanctions, and whether certain of its directors and officers fulfilled their duties to the company.
Mr. Moylan also assists in the conduct of internal corporate investigations undertaken for reasons other than the filing of a shareholder derivative action. For example, he assisted the General Counsel of a defense contractor to investigate allegations that the company breached its contract with the Department of Defense by overstating the services performed pursuant to the contract, and helped the board of directors of a company selling a consumer good investigate whether certain of its officers and the accounting department improperly booked profits to inflate the company's earnings.
Mr. Moylan also focuses his practice on defending securities class actions, such as defending a clothing manufacturer against 10(b) claims (see Massachusetts Laborers Annuity Fund v. Joseph A. Bank, Inc., et al., District of Maryland)
Finally, Mr. Moylan also practices civil litigation arising out of estate and trust disputes, and other private wealth-related litigation (for example, real property-related litigation).
Mr. Moylan is a past President of the Maryland Defense Counsel, Inc., an organization of 750+ Maryland litigators whose practices are limited to defending individuals and businesses against lawsuits. Previously, while serving as the MDC's Legislative Chair, Mr. Moylan organized and coordinated opposition to legislation that would eliminate the Economic Damages Cap in Maryland and shift Maryland law from Contributory Negligence to Comparative Negligence. He has also served on the Pro Bono Committee of the Community Law Center.
Honorable Arrie W. Davis, Maryland Court of Special Appeals, 1995 - 1996
August 24, 2012, 85 Venable attorneys listed in The Best Lawyers in America® 2013
December 15, 2010, Dan Moylan wins jury trial
January 6, 2010, Maryland edition of Super Lawyers 2010 honors 38 Venable attorneys
February 10, 2009, Maryland edition of Super Lawyers 2009 list honors 40 Venable attorneys
December 19, 2005, Venable LLP Promotes Twelve to Partner
Listed in The Best Lawyers in America 2013 for Commercial Litigation and Legal Malpractice Law
Selected for inclusion in Maryland Super Lawyers Rising Stars Edition 2009 and 2010
March 28, 2012, Failure to Make Pre-Suit Demand for Litigation in an Executive Compensation Case Leads to Dismissal of Shareholder Derivative Action against Maryland Corporation
Matthew R. Alsip, James A. Dunbar, Geoffrey R. Garinther, Daniel P. Moylan