Dan Sullivan is a civil trial lawyer. His experience includes such diverse matters as several antitrust trials; defense of an attempted corporate takeover; securing a ten-year, worldwide injunction against the use of misappropriated technology by a Chinese manufacturer; prosecution of $1.4 billion in secured claims in the bankruptcy of a real estate syndicate; prosecution of claims against the United States arising out of the construction of a dam and reservoir system; litigation of numerous commercial, corporate and employment disputes; and serving as in-house general counsel to a group of companies established by major national lending firms.

The following are some of his significant representations:

Construction. Representation of the owners of L’Enfant Plaza in Washington, D.C., for construction delay damages against the District of Columbia Redevelopment Land Agency based on unreasonable refusal to grant waiver of parking space widths based on structural requirements of supporting columns. L’Enfant Plaza Properties, Inc. v. United States, 678 F.2d 167 (Ct. Cl. 1982).

Fraud. Representation of owners of an apartment house contracted for sale to a purported eleemosynary organization which turned out to be a cult, whose general counsel had a systematic program of destruction and falsification of internal documents and electronically stored records, which had threatened the lives of other litigants (including the members of the boards of a national news magazine and a national broadcasting network and their families), and had placed a rattlesnake in the mailbox of one litigant’s attorney; suit for refund of purchase contract deposit denied for fraud upon the court, with award of attorneys’ fees to client; further actions in cooperation with the Justice Department resulted in criminal charges, revocation of the license of the general counsel to practice law, and revocation of the tax-exempt status of the organization. Synanon Foundation, Inc. v. Bernstein, 503 A.2d 1254 (DC App.), cert. denied, 479 U.S. 815 (1986) (dismissal); 517 A.2d 28 (D.C. App. 1986) (attorneys’ fees).

Real Property. Representation of riparian landowners in South Boston, Virginia, before the United States Court of Claims for “inverse condemnation” from increases in height and duration of flooding of the Dan River as a result of upstream “backwater” effects from the construction, by the U.S. Army Corps of Engineers in 1952, of the John Kerr Dam and Reservoir, resulting in a settlement, after a six-week trial, for all the relief sought (including all damages, the right to retain the properties, and the right to sue for later increases in flooding).

Corporate Takeover. Representation of the founder of NTW, Incorporated (now NTB, a unit of Sears Roebuck & Co.) in an attempted hostile takeover (by a former Chairman of the U.S. Securities and Exchange Commission), resulting in the judgment of the Delaware Chancery Court in favor of the founder. Cook v. Pumpelly, 1985 Del. Ch. LEXIS 451 (Del. Ch., May 24, 1985).

Bankruptcy. Representation of secured creditors (Fannie Mae, Solomon Brothers, Philadelphia Savings Fund Society, Silverado Banking, and numerous others) in the bankruptcy of scores of Equity Programs Investment Corporation (“EPIC”) limited partnerships, resulting in the successful reorganization (in seven months) and liquidation (over five years) of nearly 10,000 individually mortgaged properties ($1.4 billion in first-mortgage debt) with more than 6,000 limited partners in the limited partnerships syndicated by EPIC, including negotiation of $350 million in mortgage insurance participation, negotiation of Federal Home Loan Bank Board rulings to prevent write-down of mortgages to preserve solvency of the savings & loan industry, establishment of re-sale brokerage and mortgage-lending companies to liquidate the properties, and serving as Executive Vice President and General Counsel of the reorganized entities.

Real Property/Legislative Powers. Representation of a riparian landowner in Northern Virginia on charges of violation of the Fairfax County Wetlands Ordinance, resulting in a ruling that this ordinance was adopted outside the authority granted by the Virginia Legislature.

Bankruptcy/Franchisee Rights. Representation of the partner of a bankrupt co-owner of numerous automobile dealerships, both in bankruptcy (In re Horvath, United States Bankruptcy Court for the Eastern District of Virginia, Case No. 89-10038) and in suits against after-market insurance companies (for kickbacks to the bankrupt partner) and against the foreign manufacturer, U.S. importer, and regional distributor (for violations of state “dealer day in court” laws), resulting in a series of settlements that made the client at least whole. Tysons Toyota, Inc. v. Globe Life Ins. Co., Inc, et al., 1994 U.S. App. LEXIS 36692 (4th Cir., Dec. 29, 1994).

Attorney’s Fees. Representation of a developer on a claim by his former attorney for a “success-based” fee ($3.75 million) where there had been no written fee agreement and upon the former attorney’s demand for jury trial; judgment for the client as to the merits and on denial of jury trial, affirmed on appeal, and certiorari denied on petition asserting right to jury trial. Ginberg v. Tauber, 678 A.2d 543 (DC App. 1996), cert. denied, 519 U.S. 1077 (1997).

Antitrust. Representation of National Advertising Company (a unit of 3M) against claims of antitrust violations, resulting in a directed verdict for 3M and an award of attorneys’ fees.

Antitrust. Representation of 3M in an eight-week jury trial alleging monopolization of and exclusive dealing in the market for transparent (“Scotch”) tape in the United States. LePage’s, Incorporated v. 3M, 2000 U.S. Dist. LEXIS 3087, 2000-1 Trade Cas. (CCH) ¶72,846 (E.D. Pa., Mar. 14, 2000); rev’d, 277 F.3d 365 (3d Cir. 2002), reinstated, 324 F.3d 141(3d Cir. 2003) (en banc), cert. denied, 124 S. Ct. 2932 (2004).

Intellectual Property. Representation of FMC Corporation in obtaining a preliminary injunction in Texas (reported in THE RUSHFORD REPORT, The Politics of International Trade and Financing, September 1998) and a ten-year, worldwide injunction (plus attorneys’ fees) in Singapore against the manufacture by a Chinese company of airline passenger boarding bridges (“Jetways”) using FMC technology.

Antitrust. Representation of manufacturers of submersible gasoline pumps against an injunction sought by the United States under §7 of the Clayton Act against the merger their businesses. United States v. Franklin Electric Co., Inc., 130 F. Supp. 2d 1025 (W.D. Wisc. 2002).

Commercial/Telecommunications. Representation of the seller of FTC spectrum for PCS telephone licenses against the purchaser, resulting in a $39 million arbitration award, plus attorneys’ fees.