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Daniel J. Fetterman

Partner | New York
T (212) 506-1934
F (212) 506-1800

Daniel J. Fetterman is a former federal prosecutor and trial lawyer who regularly represents corporations and individuals in complex litigation, government investigations, regulatory proceedings, and internal investigations involving, among other things, commercial disputes, accounting malfeasance, theft of trade secrets, securities fraud, insider trading, and the Foreign Corrupt Practices Act (FCPA).

Dan is recognized as a leader in litigation by Chambers USA: America’s Leading Lawyers for Business, where he is described as a “fantastic courtroom lawyer” who is “very strategic” and “held in high esteem.”  Chambers USA also describes Dan as “a great lawyer and adviser” who has a “detailed knowledge of the law” and “extensive expertise in complex litigation and white collar criminal defense.”  He has won numerous jury trials in both federal and state courts, including a 17-month jury trial, the longest in Alabama history, which resulted in more than $100 million in jury verdicts.  The Washington Post described the case as a “huge victory” in a “landmark” lawsuit.  Dan has been recognized in New York Metro Super Lawyers 2011 – 2014 and The Legal 500.  He is frequently sought after as an authority on white collar issues and has been quoted on the subject in publications including The Wall Street Journal, International Financing Review, the FCPA Report and Compliance Week (click here).

Dan regularly represents clients in some of their most significant matters, including MF Global Holdings Inc. in multiple enforcement investigations following MF Global’s demise and a $1 billion accounting malpractice action against its auditors, Hilton Worldwide in a high-profile grand jury investigation relating to its alleged theft of trade secrets, the New York Jets in litigation over its attempt to build a stadium in Manhattan, and a consortium of private equity firms in connection with the funding their $8.5 billion acquisition of Home Depot Supply.  Dan has conducted numerous internal investigations on behalf of corporations, boards and special committees concerning, among other things, alleged securities fraud, theft of trade secrets, accounting malfeasance and obstruction of justice.

Before joining Kasowitz, Dan was an Assistant United States Attorney for the Southern District of New York where he received the Justice Department Director’s Award for Superior Performance as an Assistant United States Attorney.  Drawing on his nearly 20 years’ experience as a federal prosecutor and white collar defense lawyer, Dan co-edited and co-authored a highly acclaimed white collar treatise, Defending Corporations and Individuals in Government Investigations, published by West.  The treatise, which is used in law school courses at Harvard and Yale, has been praised as a “must-have resource and reference for any lawyer involved in white collar matters,” an “exhaustive review of how to effectively defend companies and individuals,” an “extraordinary contribution to the white collar bar,” and an “invaluable resource that will serve the white collar bar and others well. . . .”

Dan also has taught white collar crime as an adjunct professor of law at Washington & Lee University School of Law, and he serves on the board of The Fund for Modern Courts.

Notable Representations

  • Successful representation of a senior bank executive in connection with a government investigation concerning bond pricing and trading practices.
  • Successful representation of a major financial institution in an insider trading investigation by the Securities and Exchange Commission.
  • Successful representation of an international manufacturing company executive in a FCPA investigation by the United States Department of Justice and the Securities and Exchange Commission.
  • Counsel for MF Global Holdings Ltd. and its chapter 11 Trustee, the Honorable Louis Freeh, in connection with investigations by the U.S. Attorney's office, the Securities and Exchange Commission and the U.S. Commodities Future Trading Commission and the Plan Administrator in various actions arising out of MF Global Holding’s bankruptcy.
  • Hilton Worldwide in a grand jury investigation by the United States Attorney’s Office (S.D.N.Y.) and a related civil action pending in the Southern District of New York brought by Hilton’s competitor, Starwood Hotels & Resorts, alleging trade secret misappropriation.
  • A Fairfield Greenwich Group founder in connection with the highly publicized multi-district litigation pending in the Southern District of New York and related state court actions arising out of the Madoff ponzi scheme. Fairfield Greenwich Group entities were the largest so-called “feeder funds” into Madoff.
  • Successful representation of a senior Merrill Lynch executive in an investigation before the Securities & Exchange Commission relating to the financial crisis and in CDO litigation in the Southern District of New York.
  • Successful representation of a consortium of three well-known private-equity firms (Bain Capital, The Carlyle Group and Clayton, Dubilier and Rice) in a multi-billion-dollar dispute with major banks over acquisition financing for their $8.5 billion acquisition of Home Depot Supply - a deal that ultimately funded and was closed.
  • Successful defense of executives in the U.S. Foodservice/Royal Ahold investigation relating to the $800 million accounting fraud scandal. One of Mr. Fetterman's clients was never charged and the other received six months of home confinement.
  • The special committees of publicly traded companies, including video-game maker Take-Two Interactive Software and semiconductor manufacturer Emcore Corporation, in connection with internal investigations into potential stock option backdating.
  • Successful defense of an executive who was the subject of the criminal investigation by the United States Attorney’s Office for the Northern District of Illinois into alleged corruption by Governor Blagojevich and his administration.
  • Successful representation of hundreds of Vioxx plaintiffs. Dan also participated in mock trials for other law firms to prepare several winning trial teams (including the Lanier Law Firm’s Ernst trial team which won $250 million). He taught a CLE with Mark Lanier and others on how to successfully try a Vioxx case to approximately 250 Vioxx lawyers from around the country.
  • Pro Bono representation of The Consumer Watchdog, a national, non-partisan, non-profit organization representing the interests of consumers, in its amicus curiae brief opposing federal court approval of the proposed class settlement of Authors Guild et al v. Google Inc., a putative class action charging Google with copyright infringement for scanning books and displaying them online.
  • Successful representation of mutual fund managers and operations personnel from Alliance Capital in investigations by the Securities and Exchange Commission and the New York Attorney General's Office into the alleged market timing and late trading of those funds.
  • Successful defense of a Port Captain in the grand jury investigation by the United States Attorney's Office for the Eastern District of New York into the crash of the Staten Island Ferry, Andrew J. Barberi, on October 15, 2003. Mr. Fetterman's client was the only one of the five publicly identified subjects at the Staten Island Ferry Service who was not indicted.
  • Successful jury trial on behalf of an investment bank in the Southern District of New York which resulted in a $1.5 million verdict.
  • Post-charge representation of the former CEO of Invesco in the highly publicized enforcement actions concerning market timing in mutual funds by the Securities and Exchange Commission and the New York Attorney General's Office.
  • Southern Union Company in a three-week jury trial over charges concerning Southern Union’s allegedly illegal storage of elemental mercury at its Pawtucket, Rhode Island, facility. While the company faced maximum penalties of $67 million, it only was sentenced to a $500,000 fine after the jury acquitted Southern Union of two out of three counts.

 

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