Daniel is Co-Head of US Securities & Shareholder Litigation and Managing Partner of California.

He has represented individuals, corporations, and various financial institutions including banks, broker-dealers, hedge funds, mutual funds and private equity funds, in securities litigation, internal investigations, regulatory matters and complex commercial litigation. He has extensive litigation experience across a broad spectrum of substantive areas, including securities and complex financial products, financial markets, mergers & acquisitions disputes, shareholder actions, distressed debt and bankruptcy issues, and commercial contracts, and he has achieved a strong record of success for clients in trial and appellate courts.

In addition to the representation of clients in all aspects of strategic litigation planning and practice, Daniel regularly counsels clients on pre-dispute situation management, risk-control, high exposure transactions, compliance, and board governance issues. He conducts internal investigations for clients and board committees and reviews and advises on corporate compliance provisions, governance structures, and controls.

Daniel was a law clerk to Judge Anthony J. Scirica of the U.S. Court of Appeals, Third Circuit, from 1999 to 2000 and to Judge David G. Trager, U.S. District Court, E.D.N.Y., from 1998 to 1999.

Experience

Representative matters

Securities and Financial Market Litigation

Technology company in purported securities class action asserting misrepresentations and omissions in connection with initial public offering.

Underwriters of initial public offering of ride-sharing company in purported securities class action asserting misrepresentations and omissions in connection with initial public offering.

Canadian bank in connection with litigation involving allegations of manipulation of benchmark rate.

Canadian bank in securities fraud suit involving sale of foreign subsidiary.

Publicly-owned restaurant chain and executives in securities fraud class action alleging accounting-based claims under Rule 10b-5.

Underwriters of equity offerings by a life science company in securities fraud class action arising out of alleged nondisclosure of clinical trial results.

U.K. bank in actions involving mortgage backed securities.

U.S. bank employee sued by Department of Justice for alleged FIRREA violation in connection with foreign-exchange transactions for custodial clients.

U.S. bank in connection with collapse of Lehman Brothers.

U.S. bank in connection with litigation over derivative close-out valuations.

 

Mergers and Acquisitions and Complex Commercial Litigation

Technology company and its directors in breach of fiduciary duty litigation related to acquisition.

Software company and its officers in breach of fiduciary duty litigation related to sale.

Software as service company in connection with breach of implementation agreement.

Technology company in connection with theft of trade secrets.

Renewable energy company in connection with disputes with prior owner.

Medical device manufacturer in connection with litigation arising out of the alleged breach of a merger agreement.

Biotechnology company in international arbitration, investor relations, and situation management in connection with breach of contract disputes and initial public offering.

Broker-dealer in connection with claims arising out of acquisition of trading entity.

Steel manufacturer in connection with claims arising out of acquisition.

Bank in connection with its acquisition by private equity fund.

Broker-dealer in connection with employee disputes.

 

Internal Investigations and Situation Management

Special committee of ride-sharing service in connection with investigation into business practices.

Peer-to-peer lending company in connection with investor issues.

Special committee of Board of Directors of U.S. bank in connection with investigation of retail sales practice issues and representation of committee in connection with ensuing regulatory inquiries.

Board of Directors of U.S. bank in connection with independent investigation of corporate governance issues and allegations relating to alleged FX and LIBOR manipulation.

Private equity fund to lead internal investigation, litigation, and situation management in connection with potential fraud involving projects in Asia and the Middle East.

Audit committee of multinational corporation to lead internal investigation into accounting and related issues arising out of operations in U.S., U.K. and Europe and advise on securities regulation and reporting issues.

Special committee of Board of Directors of U.S. bank in connection with investigation of unexpected derivatives-based trading losses and representation of committee in connection with ensuing litigation and regulatory inquiries.

Pro bono

Daniel is currently leading a long-standing class action lawsuit against the Suffolk County Correctional Facilities in New York seeking injunctive relief and damages for unconstitutionally inhumane housing conditions.

Published Work

  • Co-Author, (2024) "Class Certification in Securities Cases," Securities Litigation: A Practitioner's Guide, PLI Press
  • Author, (2014) “The Best-Laid Plans: Preventing Rule 10b5-1 Plans from Going Awry,” The Hedge Fund Law Report
  • Former subcommittee chair and co-author, (May 2014) “Report on the Possible Impact of Halliburton II on Securities Class Action Litigation,” New York City Bar Association’s Committee on Securities Litigation’s Fraud-on-the-Market Subcommittee

Speaking Engagements

  • Presenter, Securities issues relating to cryptocurrency, Securities Litigation Institute, 2019
  • Presenter, Federal forum selection clauses in charters, Securities Litigation Forum, 2020
  • Presenter, Internal investigations, San Francisco Bar Association, 2019
  • Presenter, “Accounting Issues for Lawyers”, PLI, 2020–2022
  • Presenter Securities Litigation Symposium, San Francisco Bar Association, 2024

Leadership Positions And Professional Affiliations

  • Securities Litigation Section Chair, The Bar Association of San Francisco, 2024
  • Securities Litigation Committee Section Past Chair, New York City Bar, 2016-2020

Recognition

Daniel Laguardia of Sherman & Sterling is the most outstanding legal expert I have ever worked with in any firm. His grasp of the law and his aplomb in advocating for clients is unmatched in my experience.
The Legal 500, 2023

Awards

  • Named one of the Top 50 Lawyers in San Francisco by Attorney Intel, 2023
  • Recognized by The Legal 500 in Securities Litigation, 2023
  • Recognized by Benchmark Litigation as a Litigation Star in Bankruptcy, Commercial Litigation, and Securities Litigation, 2020-2023

Qualifications

Admissions

New York, 2000

California, 2017

Courts

United States District Court for the Eastern District of California, 2024

United States District Court for the Central District of California, 2021

United States District Court for the Southern District of California, 2019

United States District Court for the Northern District of California, 2017

United States Court of Appeals for the Second Circuit, 2014

United States Court of Appeals for the Fifth Circuit, 2006

United States District Court for the Eastern District of New York, 2003

United States District Court for the Southern District of New York, 2003

United States Court of Appeals for the Third Circuit, 2000

Academic

B.A., with honors, Public Policy, University of Chicago, 1993

J.D., cum laude, New York University School of Law, 1998
– Managing Editor, Annual Survey of American Law

Disclaimer
A&O Shearman was formed on May 1, 2024 by the combination of Shearman & Sterling LLP and Allen & Overy LLP and their respective affiliates (the legacy firms). Any matters referred to above may include matters undertaken by one or more of the legacy firms rather than A&O Shearman.