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Daniel P. Elms
Biography

Daniel Elms is an experienced business litigator representing domestic and international clients in numerous industries. His experience extends to virtually all aspects of business litigation and arbitration, including risk and exposure assessment and litigation planning.  He has substantial first-chair jury trial and arbitration hearing experience, and has directed every stage of pre- and post-trial practice. Dan’s arbitration experience includes AAA, ICC, and NASD/FINRA proceedings.


Although Dan has handled a wide array of business disputes, his current practice focuses on financial services and hedge fund litigation, earnout and projected earnings disputes, securities litigation (including broker-dealer disputes), intellectual property litigation, and contractual indemnification claims.

Education

  • J.D., Rutgers University School of Law, 1997
  • B.A., Political Science, Texas Tech University, 1991

Related Industries

Representative Matters

Dan has obtained numerous favorable outcomes on behalf of both plaintiffs and defendants:

  • Take-nothing ICC arbitration award on $65 million breach of contract claim arising out of client’s refusal to take delivery of commercial aircraft because of the manufacturer's insolvency; also recovered $1.7 million counterclaim award for manufacturer’s non-performance of aircraft 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 breach of oil and gas exploration joint-venture agreement.
  • $1 million offer of judgment for breach of a consulting agreement relating to a private investment in public equities transaction.
  • Summary judgment on $45 million fraud and breach of fiduciary duty claim arising out of the wind-down of a hedge fund.
  • Summary judgment on $14 million tortious interference claim arising out of the lenders’ non-consent to a debtor’s asset sale and refinancing of its debt.
  • $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.
  • Summary judgment on fraud, negligent misrepresentation, and breach of fiduciary duty claims arising out of a workers’ compensation insurance agreement, and $1 million judgment on counterclaim for unpaid retrospectively-calculated premiums.
Noteworthy
  • Selected by attorney peers for inclusion in Texas Super Lawyers®, 2011 - 2016.
  • 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.
  • Co-editor of the American Bar Association’s Business Torts and Unfair Competition Journal, 2012 – Present.
  • Contributing Editor to American Bar Association’s Litigation News, 2014.
  • Co-Chair of American Bar Association’s Corporate Counsel CLE Seminar, 2014.
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
Presentations
  • 2013:  “Delaware Supreme Court Approves Expectation Damages in Bad Faith Negotiations Litigation,” Business Torts News and Developments, July 2013
  • 2011: “Using Contractual Merger Clauses in Defense of Fraud Claims," American Bar Association Business Torts Journal, Winter 2011
  • 2011: Various pre-trial practice and mentoring contributions to American Bar Association’s “Rantings of a Partner… and Pushback from the Associate"
  • 2009: “Client Expectations of Lawyers and Experts in Tough Economic Times,” presented to 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 
  • 2007: “Foreign Law in U.S. Courts:  Potential Pitfalls and How to Avoid Them,” American Bar Association Business Torts Journal, Fall 2007; reprinted with permission, American Bar Association Pretrial Practice & Discovery, Winter 2008
  • 2007: “Legal Immigrants: Dealing with Foreign Choice of Law Provisions,” Texas Transnational Law Quarterly