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Daniel N. Jocelyn is a partner in the law firm of McDermott Will & Emery LLP based in the Firm’s New York office. As a member of the Trial Department, he concentrates his practice on complex commercial litigation, white-collar criminal defense (including internal investigative matters), estate and probate proceedings and securities industry disputes.
Dan’s experience is diverse and includes partnership disputes, broker-dealer arbitrations before the National Association of Securities Dealers and the New York Stock Exchange, constitutional land use and taking cases, representation of physicians and healthcare agencies in respect of allegations of healthcare fraud and abuse, representation of individuals and corporations in government investigations and handling internal investigations initiated by publicly traded companies. He has represented clients in matters before numerous governmental departments and agencies, including the Securities and Exchange Commission, U.S. Attorney’s Office, various District Attorney’s Offices, the New York State Attorney General’s Office, the Office of Homeland Security, the NASD and the CFTC.
Dan has represented numerous clients, including individuals, families and companies, in matters before the Surrogate’s Courts in New York State. These cases have included litigation of a contested multi-million dollar estate proceeding, wherein the right to inherit several lucrative commercial real estate properties in the New York City area was at issue and representation of a beneficiary of a will against the executor of the estate in a proceeding relating to the executor’s negligence and breach of fiduciary duty. Additionally, Dan has counseled various high-profile clients relating to their fiduciary responsibilities and their administration of certain estates. In his career, Dan has advised clients on numerous complex estate matters, including issues relating to the rule against perpetuities, forced heirship under foreign law, and the application of the statute of wills and constructive trust principles to estate matters.
Dan received his law degree from New York Law School in 1994, where he graduated cum laude, and was a member of the Law Review. Dan earned his bachelor’s degree from the State University of New York at Albany in 1989.
Representative Experience:
Recently acted as trial counsel for a large public corporation in an action wherein his client asserted claims for fraud and breach of contract in the Delaware Chancery Court. After one week of trial, Dan was successful in securing a favorable settlement for his client, in excess of one hundred million dollars.
Successfully represented the former President and CEO of another public corporation, who was charged with criminal tax fraud and conspiracy, in a six week jury trial in federal court. Dan’s client was acquitted on all counts.
Effectively represented a large health care company in a multi-week arbitration wherein Dan’s client asserted claims for breach of contract and unjust enrichment. At the conclusion of the arbitration, Dan secured a multi-million dollar arbitration award in favor of his client.
Successfully represented a not-for-profit corporation in a four week trial wherein his client brought claims for negligence, fraud and breach of fiduciary duty against his client’s former attorney and a third party. At the conclusion of the trial, Dan secured a several million dollar judgment and punitive damages in his client’s favor.
Lead trial counsel for a hedge fund and its managers in a four week civil trial, wherein his clients were sued for fraud, negligence and breach of contract. At the conclusion of plaintiffs’ case, Dan was successful in securing a judgment dismissing all claims against his clients.
Represented a physician in a fraud investigation by the New York State Attorney General’s Office, as well as in a companion civil suit against the physician brought by an HMO. In those matters, Dan was successful in convincing the Attorney General’s Office that it should not bring charges against his client, and was successful in securing a judgment dismissing all civil claims brought by the HMO against his client.
Represented clients in internal investigations involving the Foreign Corrupt Practices Act, Medicare and Medicaid fraud, violations of the securities laws, and employee dishonesty and theft.
Education:
New York Law School, J.D., 1994
State University of New York, B.A., 1989 | 