Daniel C. Girard

Senior Advisor and Of Counsel
Biography

Daniel Girard is senior advisor and of counsel to the firm he founded in 1995 to offer focused, professional representation to everyday Americans. Dan believes that individuals who work hard and play by the rules deserve the same focused, skillful representation enjoyed by corporations, banks, and insurance companies.

Dan has been appointed by federal courts to lead class actions brought under a range of federal and state laws. Dan currently serves as lead counsel in several complex cases, including the GWG Holdings Securities Litigation, the Wells Fargo J&J Investments Litigation, and an action against cryptocurrency platform FTX’s former bank.  He has served as lead counsel in many successful class actions in such diverse areas as securities, corporate governance, privacy, telecommunications, unfair competition, predatory lending, sexual abuse, product liability, and constitutional law.

Dan has been privileged to serve the federal court system through his work on federal rulemaking committees. Chief Justice William H. Rehnquist appointed Dan to the United States Judicial Conference Advisory Committee on Civil Rules in 2004 and served on the Civil Rules Committee through 2010. Chief Justice John G. Roberts appointed Dan to the Standing Committee on Rules of Practice and Procedure in 2015 and reappointed him to a second term in 2018. Dan’s article, “Limiting Evasive Discovery: A Proposal for Three Cost-Saving Amendments to the Federal Rules,” 87 Denver University Law Review 473 (2010), proposed two rule amendments that were ultimately adopted in Federal Rule of Civil Procedure 34(b)(2).

Dan serves as a member of the Council of the American Law Institute, where he chairs the Audit Committee and serves on the Membership Committee. He is an Advisor to the ALI’s Restatement of Torts and Principles of Biometric Data projects. Dan is a longstanding member of the American Bar Association.

J.D., University of California at Davis School of Law, 1984

  • Editor, Law Review

B.A., Cornell University, 1979, American History

  • California
  • Northern District of California
  • Central District of California
  • Southern District of California
  • Eastern District of California
  • District of Columbia
  • District of Colorado
  • Northern District of Illinois
  • Courts of Appeals for the First, Second, Fourth, Fifth, Seventh, Ninth, Tenth, and Eleventh Circuits
  • The Supreme Court of the United States
Representative Cases

In re Office of Personnel Management Data Breach Litigation

Lead counsel in action on behalf of federal employees and applicants against United States and federal contractor following penetration of personnel record database. Settlement for $63 million.

Woodbridge Investments Litigation

Lead counsel in action against Comerica Bank following collapse of real estate investment scheme and arrest of founder. Settlement for $54.2 million.

In re JPMorgan Precious Metals Spoofing Litigation

Executive committee member in action against JPMorgan Chase & Co. for market manipulation in violation of the Commodities Exchange Act. Settlement for $60 million.

In re Capacitors Antitrust Litigation

Executive committee member in coordinated antitrust litigation for price fixing in market for capacitors. Total recoveries over almost a decade in excess of $600 million.

A.B. v.  Regents of the University of California

Lead counsel in action against UCLA Medical Center officials in action arising out of serial sexual abuse committed by medical center physician. Recovered $73 million for abuse survivors and negotiated comprehensive court-approved reforms.

Jay Peak EB-5 Investment Visa Litigation

Member of leadership team in litigation against Raymond James Financial relating to EB-5 Visa investment project to develop Jay Peak resort in northern Vermont. Recovery of $150 million.

In re Sony Pictures Employee Data Breach Litigation  

Lead counsel in action on behalf of employees affected by cyberattack attributed to North Korea following release of film The Interview; led negotiation of settlement for cash and identity theft insurance.

In re Peregrine Financial Group

Lead counsel in action against US Bank following collapse of Peregrine Financial Group, prosecuted in coordination with federal bankruptcy trustee and Commodities Futures Trading Commission. Recoveries totaled over $70 million.

In re Provident Royalties, LLC/Medical Capital

Lead counsel in a class action against broker-dealer Securities America Inc. and its corporate parent, Ameriprise Inc., in connection with sales of Provident Royalties and Medical Capital investment schemes. Led settlement negotiations resulting in a $150 million settlement for the federal class action and individual investors in arbitration proceedings.

In re Lehman Brothers Equity/Debt Securities Litigation

Lead counsel for certified class of retail investors in action against UBS Financial Services, Inc. following collapse of Lehman Brothers Holdings, Inc. Settlement for $120 million settlement.

In re American Express Financial Advisors Securities Litigation

Co-lead counsel in a class action on behalf of individuals who alleged that American Express steered its clients into underperforming “shelf space funds” to reap kickbacks and other financial benefits. Negotiated a cash settlement of $100 million and additional relief.

Scheiner v. i2 Technologies, Inc., et al.

Co-lead counsel in, represented Kansas Public Employees Retirement System in securities fraud action on behalf of investors in i2 Technologies. Negotiated cash settlements of $88 million from the company, its officers, and its former auditor (Arthur Andersen LLP), and corporate governance reforms.

In re Corrections Corporation of America

Lead counsel in securities action brought by investors against a real estate investment trust and its officers and directors following false statements the defendants allegedly made in the context of a merger. Negotiated a settlement for over $104 million in cash and stock.

CalSTRS v. Qwest Communications

Co-lead counsel for California State Teachers Retirement System in securities fraud opt-out action against Qwest Communications, Inc., certain of its officers and directors, and outside auditor Arthur Andersen. Settled for $45 million.

Natural Gas Antitrust Cases I, II, III, IV

Member of the Executive Committee in coordinated antitrust litigation against numerous natural gas companies for manipulating the California natural gas market. Settled for total recovery of $160 million.

Mitchell v. American Fair Credit Association

Lead counsel in action alleging that American Fair Credit Association (AFCA) operated an illegal credit repair scheme. Over $40 million in refunds and other relief.

Ho v. San Francisco Unified School District

Lead lawyer for San Francisco public school students of Chinese descent in civil rights action seeking to terminate racial and ethnic quotas imposed under 1983 desegregation consent decree. Settled on the first day of trial, with SFUSD and California State Board of Education agreeing to end quota system and mandatory racial “self-identification.”

Pending Cases

In re GWG Holdings Securities Litigation

Lead Counsel for investors in defaulted GWG Holdings “L Bonds” issued by GWG Holdings in action for violation of federal securities laws.

In re J&J Investments Litigation

Lead Counsel for investors in action against Wells Fargo Bank, N.A., following collapse of litigation finance investment scheme and arrest of founder Mattew Beasley.

In re Silvergate Capital Corporation

Lead Counsel for customers of FTX cryptocurrency exchange in action against Silvergate Bank following collapse and arrest of founder Samuel Bankman-Fried.

In re PFA Insurance Marketing Litigation

Lead Counsel for purchasers of indexed universal life insurance policies in action against independent marketing organization and insurer for deceptive sales practices.

  • “Fiery Dragon Award” – Special award by San Francisco Chinese-American Democratic Club for representation of Chinese-American school children in Ho v. San Francisco Unified School District 
  • Top 100 Super Lawyers in Northern California
  • Northern California Super Lawyer (2007-present)
  • Best Lawyers in America (2012-2023)
  • Best Lawyers in America’s “Lawyer of the Year” in San Francisco for Class Action/Mass Tort Litigation – Plaintiffs (2013)
  • AV-Preeminent rating by Martindale-Hubbell

Community & Professional

  • United States Judicial Conference Standing Committee on Rules of Practice and Procedure (2015-present)
  • American Law Institute (2006-present)
    • Council Member (2019-present)
  • United States Judicial Conference Advisory Committee on Civil Rules (2004-2010)
  • Business Law Section of American Bar Association
  • Advisory Board, Institute for the Advancement of the American Legal System (IAALS) (2009-2015)
  • Advisory council, Duke University Law School, Distinguished Lawyer Series
  • Board chair, Board of Trustees member, St. Matthew’s Episcopal Day School (2003-2008)