Mr. Dailey co-founded Dailey LLP after almost 19 years at Akin Gump Strauss Hauer & Feld LLP, where he was a Partner. Mr. Dailey advises clients in complex commercial litigation, arbitrations and investigations.
Mr. Dailey has litigated complex class actions and other commercial litigation in federal and state courts in Pennsylvania, Delaware, New York, New Jersey, California, Florida, Kentucky, Maryland, Massachusetts and Texas. His clients have included a dozen of the top accounting firms in the country, several publicly traded companies and their officers and directors, a leading investment research and rating firm, a nationwide retailer, private equity funds and their portfolio companies, and numerous privately held businesses in a number of industries.
EXPERIENCE
• One of the world’s largest investment research firms in several matters, including in litigation that went to trial against an SEC appointed Receiver of a defunct hedge fund found to be a Ponzi scheme. Obtained a full trial defense victory on behalf of the investment research firm.
• Big 4 and other accounting firms in dozens of matters, including in trustee litigation, lender suits, disputes with clients and their shareholders, and in SEC, PCAOB and FDIC investigations.
• A nationwide retailer in class action litigation in the Philadelphia Court of Common Pleas, and related proceedings before the Pennsylvania Department of Revenue, challenging the method used to calculate and collect sales tax on discounted items.
• Public and private companies and their directors and officers in individual and class action matters involving consumer protection laws, securities laws, fiduciary liability, privacy and cyber, business tort and contract.
• Directors and officers in SEC and FDIC investigations.
• Conducting internal investigations for companies and special committees.
RECENT SPEECHES AND PRESENTATIONS
• 2006 – 2018: Annual speaker at Association of Corporate Counsel of Greater Philadelphia events on: Developments in Securities Litigation, SEC Enforcement, M&A Litigation, Foreign Corrupt Practices Act, and Personal Liability Risks Facing In-House Counsel.
• 2011 – 2017: Annual Speaker at Donnelly Financial Solutions (formerly R.R. Donnelly) Corporate Securities Forum on developments and trends in SEC Enforcement and investigations.
PUBLISHED ARTICLES
• The Rise in Event-Driven Securities Litigation – Why it Matters to Directors and Officers, Willis Towers Watson FINEX Observer: Fall 2018 Edition, November 2018.
• Materiality Assessment at the Class Certification Stage in Securities Fraud Class Actions, Securities Litigation & Regulation Westlaw Journal, September 5, 2012.
• Four Steps to Help Prevent M&A Shareholder Litigation, InsideCounsel.com, July 5, 2012.
Fraud-on-the-Market Presumption: Rebuttable, Law360, December 1, 2008.
• 10 Ways to Avoid a Lawsuit, Accounting Today, July 2007.
• How to Bar Claims Not Disclosed in Bankruptcy, The Practical Litigator, January 2004.
RECOGNITION
• Selected as Pennsylvania “Super Lawyer“ each year from 2015 to 2019; a recognition awarded to only 5% of eligible attorneys. Learn more about the selection process here.
• Named a “Rising Star“ in surveys of Pennsylvania lawyers each year from 2005-2013; a recognition awarded to only 2.5% of eligible attorneys.
• Listed in Irish Voice and Irish America Legal 100, 2009 to 2012
