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Daniel E. Holloway

Counsel
Armonk

t: 914 749 8240
f: 914 749 8300

dholloway@bsfllp.com
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Areas of Practice

Litigation

Appellate

Class Actions

Product Liability

Securities Litigation


Education

Georgetown University Law Center, J.D., cum laude, 2003

Indiana University, B.A., with highest distinction, History/English, 1998


Clerkships

Hon. Myron H. Bright, United States Court of Appeals for the Eighth Circuit, 2004-2005

Hon. John H. Bayly, Superior Court of the District of Columbia, 2003-2004


Admissions

New York

United States Courts of Appeals: Eighth Circuit and Second Circuit

United States Distict Courts: Southern and Eastern Districts of New York

Mr. Holloway joined the firm in 2005. His practice focuses on complex commercial disputes. Mr. Holloway's past and present engagements include:

  • Defense of a major pharmaceutical company against claims that an antiepileptic drug it manufactures causes suicide. In the first such case to go to trial, the plaintiff dismissed its claims after the first day of trial, without any settlement payment by BSF's client. The second case to go to trial settled favorably for BSF's client after the second day of trial. The third case scheduled to go to trial settled favorably for BSF's client shortly before trial.  Except for a handful of remaining cases still in early discovery, the hundreds of other claims have since been dismissed or have been settled favorably for BSF's client.
  • Defense of the former CEO and Chairman of AIG in a putative securities fraud class action. Mr. Holloway's participation in the litigation of class certification issues contributed to the settlement on favorable terms of the claims against the firm's clients.
  • Defense of a big-four accounting firm against securities fraud claims brought in connection with the exposure of fraud at a corporation for which BSF's client had served as auditor. The plaintiffs sought $8 billion in damages. Shortly before trial, the case settled for a very small fraction of the amount claimed.
  • Representation of a wireless mobile virtual network operator sued for breach of contract by T-Mobile USA, Inc. and asserting counterclaims for breach of contract and anticompetitive conduct. The case settled favorably for BSF's client shortly before trial.
  • Representation of the liquidators of a hedge fund, pursuing claims against counterparties in connection with a swap based on Russian government securities. The lawsuit turned on the interpretation of the close-out and valuation provisions of the ISDA Master Agreement. BSF and its client prevailed at trial, and the case settled on favorable terms while an appeal was pending.
  • Defense of a major bond fund accused in a civil suit of commodities manipulation.
  • Representation of several hedge funds seeking to recover the full amount of redemption payments owed to them for certain preferred stock.  BSF's client prevailed in full at summary judgment.
  • Representation of a hedge fund bringing securities fraud claims against the originator of sub-prime mortgage loans, for misstatements made by the originator in connection with the securitization of certain mortgage loan pools.
  • Defense of the principal of a hedge fund management company against securities fraud claims brought in the aftermath of the dissolution of the fund, which included allegations of commodities manipulation. BSF secured a complete dismissal of all claims against its client.
  • Representation of the trustee in several mortgage-backed securities deals, representing well over $100 billion in mortgages, seeking to recover for rampant fraudulent and otherwise defective mortgages in the securitized pools.
  • Pro bono representation of a university men's basketball coach improperly discharged from his position.
  • Pro bono representation of a plaintiff seeking disability insurance benefits. Mr. Holloway succeeded in convincing the insurer to reverse its prior denial of benefits, notwithstanding that the insurer had obtained three opinion letters from doctors who supported the denial of benefits.

Before attending college, Mr. Holloway served as an enlisted infantryman in the United States Army from 1990 to 1994.

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