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Daniel P. Elms
Biography

Dan Elms is an experienced and aggressive business litigator representing clients large and small in myriad industries. His work extends to all aspects of business litigation and arbitration, including risk assessment, pre-trial litigation strategy and discovery, and every element of trial and post-trial proceedings. He has substantial first-chair trial work (including jury, non-jury, and injunction matters) and his arbitration experience includes AAA, ICC, and FINRA proceedings.


Although Dan has handled a wide range of business disputes, his practice currently focuses on breach of contract claims, financial services and hedge fund litigation, securities litigation (including broker-dealer and registered representative disputes), and intellectual property/trade secrets/restrictive covenants litigation.

Education

  • Juris Doctorate, Rutgers University School of Law, May 1997
  • Bachelor of Arts, Political Science, Texas Tech University, December 1991

Related Industries

Representative Matters

Dan has obtained numerous favorable outcomes on behalf of his clients:

  • Take-nothing ICC arbitration award on $65 million claim arising out of client’s refusal to take delivery of commercial aircraft because of the manufacturer's insolvency; also obtained $1.7 million counterclaim award for non-performance of maintenance obligations.
  • Take-nothing jury verdict and judgment on breach of warranty, negligent misrepresentation, and DTPA claims arising out of client’s installation of accounting software.
  • $1.8 million arbitration award for defendant’s breach of oil and gas exploration joint-venture agreement.
  • $1 million judgment for breach of consulting agreement relating to a private investment in public equities transaction.
  • $800,000 bench trial verdict and judgment for breach of warranty and failure to indemnify claims arising out of a foreign government’s seizure of assets purchased by client from defendant.
  • Summary judgment on $45 million fraud and breach of fiduciary duty claim by investors relating to wind-down of a hedge fund.
  • Summary judgment on $14 million tortious interference claim arising out of syndicated lenders’ non-consent to a debtor’s asset sale and debt refinancing.
  • Summary judgment on fraud, negligent misrepresentation, and breach of fiduciary duty claims arising out of workers’ compensation insurance agreement; also obtained $1 million counterclaim judgment for unpaid retrospectively-calculated premiums.

Noteworthy
  • Selected among D Magazine’s Best Lawyers in Dallas (Business Litigation), 2017.
  • Selected by attorney peers for inclusion in Texas Super Lawyers® (Business Litigation), 2011 – 2016.
  • American Bar Association’s Litigation News Team Editor, 2016 –present, and Contributing Editor, 2014 – 2016.
  • Co-editor of the American Bar Association’s Business Torts and Unfair Competition Journal, 2011 – 2015.
  • Co-Chair of American Bar Association’s Corporate Counsel CLE Seminar, 2014.
  • Honored by the American Bar Association Section of Litigation as a 2013-2014 Bar Year “Outstanding Subcommittee Chair” for chairmanship of the Business Torts & Unfair Competition Subcommittee.
Activities & Memberships
  • State Bar of Texas
  • American Bar Association, Sections of Litigation and Business Law, Business Torts Committee and Corporate Litigation Committee
  • State Bar of Texas College of the State Bar
  • World Affairs Council of Dallas/Fort Worth
  • Dallas Bar Association Law in the Schools Program
  • Adult Basic Education, National Community Education Day
  • Texas General Counsel Forum Board Member
  • Greater Dallas Regional Chamber of Commerce, Talent Pipeline Policy Task Force
Articles & Presentations
  • 2016: “Law Firm Disqualified for Retaining and Using Privileged Email,” ABA Litigation News, September
  • 2016: “Government Increases Scrutiny of Alternative Litigation Funding,” ABA Litigation News, March
  • 2015: “Documents from Internal Investigation Protected by Privilege,” ABA Litigation News, December
  • 2015: “Attorney-Client Privilege Does Not Apply to Risk Managers,” ABA Litigation News, June
  • 2015: “Statutory Cite Not Required for Federal Civil Rights Complaint,” ABA Litigation News, March
  • 2014: “Third Time Not the Charm for Party Seeking Removal,” ABA Litigation News, December
  • 2013: “Delaware Supreme Court Approves Expectation Damages in Bad Faith Negotiations Litigation,” Business Torts News and Developments, July
  • 2012: “’Loser Pays’ Bill Provides New Weapons, But Also New Risks,” Dallas Association of Young Lawyers The Dicta, January
  • 2011:  "Using Contractual Merger Clauses in Defense of Fraud Claims," American Bar Association Business Torts Journal, Winter the Forensic Expert Witness Association
  • 2008: “Enforcement of Foreign Judgments in Texas,” Dallas Bar Association Headnotes
  • 2008: Oxford University Press Peer Review for “Federal and State Arbitration Law,” Christopher R. Drahozel
  • 2008: Member of Panel of Professional Contributors to Black's Law Dictionary, 9th Edition