Daniel J. Fetterman, Chair of the firm’s White Collar Defense and Investigations Group and a former federal prosecutor, is recognized as one of the country's leading lawyers. He regularly represents corporations and individuals in significant securities, white collar, commercial, accounting, and trade secret litigation matters, among others. He has conducted numerous internal investigations on behalf of corporations, boards, and special committees concerning alleged securities fraud, insider trading, FCPA violations, theft of trade secrets, accounting malfeasance, and obstruction of justice. Chambers USA describes Dan as a “go-to litigator for high-profile individuals and institutions,” a “fantastic courtroom lawyer,” and a “brilliant strategist” with “extensive expertise in complex litigation and white collar criminal defense” who is “held in high esteem.” The Legal 500 describes Dan as an “all star” who “sees the playing field in a way few others do” and “knows when to fight and when to compromise.” The National Law Journal has recognized Dan as a White Collar Trailblazer, Lawdragon has named him as a Leading Lawyer in America, and The American Lawyer has twice featured Dan in its “Litigator of the Week” column – once as a winner and once as a runner-up – for his outstanding achievements in securing favorable outcomes for his clients. He also has been recognized in Best Lawyers, New York Metro Super Lawyers, and the inaugural list of The Legal 500’s U.S. City Elite for New York City.
Dan regularly represents some of the world’s leading corporations in some of their most sensitive and significant matters. These have included, among others, the New York Jets, MF Global Holdings, Take-Two Interactive Software, one of the world’s largest electronics and telecommunications manufacturers, one of the world’s largest alcohol manufacturers, Hilton Hotels, The Ford Motor Company, Southern Union Company, JBS, and Pilgrim’s Pride Corporation.
Dan also has represented government officials, corporate officers and directors, and businessmen in high-profile matters including representing the government’s star cooperating witness in the corruption trials of Senator Menendez and his wife as well as representing the current Mayor of Tirana, Albania (its capital and largest city).
Dan co-edits and co-authors a highly-acclaimed white collar treatise, Defending Corporations and Individuals in Government Investigations. The treatise has been praised as a “must-have resource and reference for any lawyer involved in white collar matters.” Dan also is sought after as a legal authority and frequently speaks at industry conferences. In June of 2024, Dan was a featured commentator in Barcelona, Spain, for the presentation “Off to the Races – The Government Raids Targets,” providing observations on the demonstration’s strategies for navigating common investigatory tactics, as part of the 2024 International Cartel Workshop hosted by the American Bar Association in collaboration with the International Bar Association. Dan also participated on the panel “Demonstration: Getting the House in Order,” at the 2022 International Cartel Workshop hosted by the American Bar Association in Portugal.
Before joining Kasowitz, Dan was an Assistant United States Attorney for the Southern District of New York where he received the Department of Justice’s Director’s Award for Superior Performance. Dan has served as adjunct professor of law at Washington & Lee University School of Law, and he is a Life Fellow of the American Bar Foundation. Dan clerked for the Honorable Ellsworth A. Van Graafeiland, U.S. Court of Appeals for the Second Circuit.
Work Highlights
- JBS Foods, one of the world’s largest red meat processors, in an alleged wage fixing case against all of the major red meat processors in the United States alleging that they conspired to fix and depress the compensation paid to employees at red meat processing plants in violation of Section 1 of the Sherman Antitrust Act, 15 U.S.C. § 1.
- Pilgrim’s Pride Corporation, a publicly-traded company that is one of the largest U.S. chicken producers and the second-largest Mexican chicken producer, in connection with a criminal investigation by the United States Department of Justice’s Antitrust Division alleging price-fixing in the sale of broiler chicken products in the United States. After Pilgrim’s Pride’s then-current CEO was indicted for alleged price-fixing in June of 2020, Kasowitz was retained and obtained a favorable resolution through a plea agreement that when publicly announced was well received by the market.
- Nikola Motor Company, a high-profile, publicly-traded manufacturer of heavy-duty commercial electric trucks & energy solutions, in an 8-day arbitration which resulted in a $165 million arbitration award, plus interest, against its founder, former CEO and Executive Director, Trevor Milton.
- The Ford Motor Company in a civil RICO lawsuit that Ford filed in Los Angeles federal court against California lawyers and law firms alleging that they fraudulently padded and inflated their bills resulting in at least $100 million in fraudulent fees incurred by Ford and other automakers, and in a related grand jury investigation by the U.S. Attorney’s Office in the Central District of California.
- Davey Tree Expert Company and Wolf Tree, Inc., one of the country’s largest landscaping and utilities clearing companies, in a trial in Georgia State Court and in related federal criminal investigations and civil litigation arising out of the killing of a whistleblower after he reported his supervisor – an undocumented worker who hired other undocumented workers – to the Equal Employment Opportunity Commission (“EEOC”).
- Lead trial counsel for MF Global Holdings, a former global financial derivatives broker, in a $3 billion lawsuit against its outside auditor, PwC, which settled during trial. Also, represented MF Global Holdings in 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 for MF Global Holdings in various actions arising out of MF Global Holding’s bankruptcy.
- Hilton Worldwide in a federal criminal investigation in the Southern District of New York and a civil action alleging trade secret misappropriation and other business torts brought by Starwood Hotels & Resorts. The criminal investigation was closed without charges, and the highly complex civil case, described in the media as “Grishamesque,” settled after approximately one year of discovery.
- The New York Jets in antitrust litigation over its attempt to build a stadium in Manhattan.
- A consortium of three well-known private equity firms (Bain Capital, The Carlyle Group and Clayton, Dubilier and Rice) in their 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.
- Co-lead trial counsel for 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.
- Lead trial counsel in successful jury trial on behalf of an investment bank in the Southern District of New York which resulted in a $1.5 million verdict.
- Successful representation of hundreds of Vioxx plaintiffs. Dan also participated in mock jury trials of bellweather trials for other law firms to prepare several winning trial teams and 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.
- 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.
- Former executives in a breach of contract action in federal court in New York against Nikko Asset Management and its CEO alleging a scheme to deprive the former employees of their rights under share appreciation rights plans.
- 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.
- Jose Uribe, a New Jersey businessman in U.S. v. Menendez et al, who was the government’s star witness in the high-profile, two-month corruption trial of then sitting New Jersey Senator, Robert Menendez, and two of his co-conspirators, who provided what the media described as “blockbuster” testimony.
- Mayor Erion Veliaj, the current democratically-elected mayor of Tirana, Albania, the largest city and capital of Albania, in a joint international investigation into and report on his outrageous and unjust incarceration without charges. Kasowitz, along with London-based Mishcon de Reya LLP, publicly issued a “Report Regarding SPAK’s Unjust Detention of a Democratically Elected Mayor in Tirana, the Capital of Albania: Erion Veliaj.”
- Alex Mashinsky, the founder and former Chief Executive Officer of Celsius Network and their affiliated entities in the U.S. Federal Trade Commission’s $4.7 billion enforcement action against him for allegedly defrauding Celsius’ customers in connection with its digital-asset-based platform.
- Corporate and individual defendants in a criminal securities fraud and SEC enforcement action in the Southern District of New York arising out of an alleged $100 million scheme to defraud investors relating to the resale of tickets for Hamilton and other Broadway shows and concerts.
- Successful representation of a major financial insurer in an insider trading investigation by the Securities and Exchange Commission.
- Successful representation of a senior bank executive in connection with a government investigation concerning bond pricing and trading practices.
- 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.
- Successful representation of a senior Merrill Lynch executive in an investigation before the Securities and Exchange Commission relating to the financial crisis and in CDO litigation in the Southern District of New York.
- Successful defense of executives in the U.S. Foodservice/Royal Ahold investigation relating to the $800 million accounting fraud scandal. One of Dan’s clients was never charged and the other received six months of home confinement.
- 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 mutual fund managers and operations personnel in investigations by the Securities and Exchange Commission and the New York Attorney General’s Office into the alleged market timing and late trading in 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. Dan’s client was the only one of the five publicly identified subjects at the Staten Island Ferry Service who was not indicted.
- 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.
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