Education
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Harvard Law School, L.L.B., 1962
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Hamilton College, B.A., 1959
Bar Admissions
Court Admissions
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United States Supreme Court
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U.S. Court of Appeals for the 1st, 2nd, 4th, 5th, 9th, 11th, and Federal Circuits
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U.S. District Courts for the Eastern and Southern Districts of New York
Awards and Honors
- “Super Lawyer,” Securities Litigation, 2007
- Robert M. Morgenthau AUSA Association, Honoree, 2005 Annual Dinner
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Dan Murdock has had extensive national experience as lead defense counsel in a wide variety of complex civil and criminal litigation. He concentrates his practice on securities and antitrust class and individual actions, criminal and government litigation, and internal investigations. In two tours of government service he served both as Chief Assistant U.S. Attorney for the Southern District of New York, and, following law school, as an Assistant U.S. Attorney in that Office’s Criminal Division.
Mr. Murdock has served as lead counsel for one of Canada’s largest investment firms in a multi-billion dollar securities fraud class action in Federal Court in Texarkana, Texas arising out of stock losses allegedly resulting when a seemingly world-class gold mine in Indonesia was uncovered as a bogus operation. Early on he obtained a decision dismissing the claims of Canadian purchasers of the tainted stock, more than 50% of the class, as beyond the scope of the U.S. securities laws, and after extensive motion practice and discovery, successfully defeated class certification.
Mr. Murdock played a central role in multi-billion dollar civil litigation focused on the high-yield bond department of a major diversified investment company, serving as lead counsel for more than 100 investment partnerships, foundations, and trusts. He was one of four lead defense counsel who coordinated governmental and private litigation against these Michael Milken-related clients across the country, and subsequently negotiated a “global” settlement of more than 180 class and derivative actions.
In addition, he successfully represented some of the same clients in connection with investigations by federal grand juries, the Securities and Exchange Commission (SEC), the New York Stock Exchange (NYSE), the Internal Revenue Service (IRS), and the Attorney General of California.
Over an eight-year period, Mr. Murdock served as lead defense counsel for a major public power supply system in numerous securities fraud actions multi-districted in Seattle, Washington, arising out of the supply system’s default on $2.25 billion in construction bonds. Mr. Murdock took a leading role in a coordinated defense effort involving counsel for over 200 defendants, and, acting for all defendants, he successfully argued an en banc appeal before the Ninth Circuit Court of Appeals which reversed three prior panel opinions and ruled out a negligence standard in securities fraud actions. Overall, the results achieved for the supply system were a zero-dollar settlement of the civil litigation and no enforcement activity by the SEC following a massive parallel investigation.
In addition, Mr. Murdock represented the supply system in a suit in Seattle by the trustee for the bondholders on two terminated nuclear projects contending that the supply system had used the wrong methodology in allocating engineering and construction costs between the two terminated and two separately-owned nuclear projects with which they had been twinned. Before Mr. Murdock’s involvement, the district court had granted the trustee summary judgment on the methodology issue, a ruling estimated to be worth over $1 billion. On the subsequent appeal, Mr. Murdock served as principal counsel for the more than 100 public utility defendants. In its opinion, the Ninth Circuit Court of Appeals reversed and directed entry of partial summary judgment for defendants.
In recent years, Mr. Murdock represented a leading computer manufacturer in defeating a nationwide consumer class action; in 22 of the U.S.’s largest nuclear utility companies in a challenge to the constitutionality of federal legislation imposing multi-billion-dollar assessments on nuclear power companies; a major information technology firm in several cases involving interpretation and enforcement of complex outsourcing contracts; the president of a premier art auction firm in a federal antitrust investigation; the former chairman of one Fortune 500 company and the former CFO of another on breach of fiduciary duty and securities fraud charges; and the decedent’s children in a $200 million will contest in probate court.
Earlier in his career, Mr. Murdock served as lead defense counsel for a large, independent coal company in one of the first mass tort litigation matters in the United States. The action arose out of the “Buffalo Creek disaster,” when a massive coal waste embankment in southern West Virginia collapsed, killing more than 120 people and destroying 14 communities.
Before joining Patton Boggs, he was a senior partner and for more than ten years, chair of the New York litigation department of one of the 30 largest U.S. law firms, and previously was a member of the executive committee and chair of the litigation department at a former blue-chip New York law firm.
Mr. Murdock has counseled clients on business practices and regulatory compliance, arbitrated matters, and served as an arbitrator under the auspices of the AAA, NASD, and NYSE, lectured on complex litigation issues, and served as an expert witness in the United States and Canada.
Representative Matters:
Mr. Murdock has also served as lead counsel in a number of other significant securities, antitrust, and complex commercial civil and criminal cases across the United States. A few examples are:
- Following an 18-month grand jury investigation, persuaded the head of the Justice Department’s (DOJ) Antitrust Division not to seek indictments of a major food producer and its principal officers.
- Represented a large armored car company on an indictment for price fixing and market allocation, and in subsequent civil class actions.
- Counsel for one of the country’s largest savings and loan associations in a securities fraud class action.
- Represented U.S. and foreign manufacturing clients in separate lawsuits alleging fraud on the U.S. patent office.
- Represented oil companies in separate breach of contract lawsuits involving oil drilling operations in Saudi Arabia and off-shore Nigeria and Brunei.
- Lead counsel for a major motion picture distribution company at trial and on appeal in numerous antitrust actions in major markets across the United States.
- Defended two recording studios on lawsuits brought by recording artists, including the Beatles.
- Represented an accounting firm in successfully challenging a massive document subpoena issued by a Congressional subcommittee.
Professional Affiliations:
New York City Bar Association
o Member, Committee on the Judiciary
o Chairman, Council on Judicial Administration (2002-2005)
o Former member, State Legislation Committee
Former Vice President, Federal Bar Council, and former Chair of its Federal Courts Committee
New York State Bar Association, Committee on Commercial and Federal Litigation
American Bar Association, Securities Litigation Section
Civic Involvement:
Director, The Fund for Modern Courts
Former Trustee, Hamilton College
Former Director, New York Lawyers for the Public Interest, Inc.
Former Elected Member, Pelham, NY Board of Education
Former Board Chair, United Way of Pelham, NY
Former Director, Sound Watch, Inc.
Elder, Huguenot Memorial Church
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