Daniel S. Klein

Counsel

Dan Klein represents business and financial services clients in litigation, transactional, and data privacy matters.

Dan has significant experience in complex commercial litigation for banks and other financial institutions. He has represented financial services companies as plaintiffs in accounting and other professional service malpractice claims, as defendants based on alleged employee misconduct, and in disputes over syndicated loan agreements. At his prior firm, Dan represented the estate of a national financial services firm in post-bankruptcy litigation and mediations over derivative swap transactions. Dan has also represented lenders in distressed debtor work-outs, loan modifications, and collections.

Dan’s work has led to multi-million dollar recoveries for bank plaintiffs and the dismissal of claims against financial services clients through dispositive motion practice. He has been recognized as a Texas Rising Star from 2017–2019. 

In addition to his work for financial institutions, Dan has represented businesses in the oil and gas, aerospace, sports, and real estate industries, in complex litigation in federal and state courts and in arbitration. He has successfully litigated disputes involving corporate governance, securities escheatment, the acquisition of publicly traded companies, antitrust issues, breach of contract, and various business torts.

Dan has also represented borrowers and lenders in negotiating and drafting loans up to $30 million. That transactional experience has given him a unique perspective and familiarity with key documents when litigating loan disputes. And his litigation experience has taught him the value of ensuring contracts are clear and consistent with the most recent case law, while ensuring cost-effective legal services.

Dan is committed to ongoing professional education, as evidenced by his selection to the Texas Bar College, and he stays abreast of technological and regulatory developments affecting the financial services industry. He has become heavily involved in the cyber-security area and has written and spoken on data privacy issues and cyber insurance, as well as advising small businesses on data breach notification requirements and GDPR compliance.

Before entering law practice, Dan served as a Sergeant in military intelligence in the Marine Corps Reserves, deploying to Iraq and Afghanistan. He then clerked for the Hon. Gerald B. Tjoflat at the United States Court of Appeals for the Eleventh Circuit, before beginning his legal career at the Dallas office of an international law firm. 

Practice Focus

Financial Services, Complex Commercial Litigation, Cyber Security / Data Privacy, Business and Corporate

Education

• University of Texas School of Law, J.D., 2006
  • Order of the Coif
  • Order of the Chancellors
  • Review of Litigation: Associate Editor
  • National Moot Court Team
• US Marine Corps Reserves
• 1997–2007
• Military Intelligence Analyst
• Iraq and Afghanistan Veteran
• University of Kansas, B.A., 2001
• Phi Beta Kappa
• Departmental Honors in History and Political Science
• Anderson Scholarship for best history honors thesis
• University Honors Program graduate

Admissions

• State Bar of Texas, 2009
• United States District Court for the Northern District of Texas
• United States District Court for the Southern District of Texas
• United States District Court for the Eastern District of Texas
• United States District Court for the Western District of Texas

Honors

• Texas Rising Stars by Thompson Reuters (2017–2019)
• Texas Bar College (2016–2018)
• Cardozo Society’s Outstanding Lawyer Under 40 (2013)

Experience

• Managed accounting malpractice arbitration involving agricultural derivatives for super-regional bank plaintiff. Based on detailed preparation and aggressive use of experts, client secured a highly favorable settlement before discovery concluded.
• Defended Top-20 US bank in multimillion-dollar arbitration. Obtained summary judgment on some claims, then complete dismissal after a five-day final hearing.
• Defeated million-dollar direct and vicarious claims brought against Texas-based bank holding company by pro se plaintiff on “Rule 91a” motion.
• Obtained multimillion-dollar settlements for super-regional plaintiff bank in multiparty financial fraud case.
• Secured nonsuit of plaintiffs’ claims against national stock transfer agent through early motion practice.
• Obtained favorable settlement mid-trial for international energy company, ending ten-year litigation across multiple forums.
• Represented Fortune 500 client in billion-dollar antitrust case, which successfully settled mid-trial.
• Represented estate of international financial services firm in litigation and mediations over derivatives transactions, ultimately recovering over $1 billion from counterparties.
• Drafted and negotiated contracts and supervised diligence process for borrowers and bank lenders in successfully closed loans up to $30 million.
• Advised multiple commercial clients on post-data breach disclosure and remedial obligations.

Publications

• Co-author of “Cybersecurity” chapter, Handbook on Global Social Media Law for Business Lawyers, American Bar Association, September 2017
• Co-author, Discovery from the Internet of Things, Dallas Bar Association Headnotes, October 2016
• Co-author, The February 2016 California Attorney General’s Data Breach Report Sets A Standard For “Reasonable Security” American Bar Association, Business Law Today, May 2016
• Regional and community banks: proposed federal cybersecurity regulations don’t apply to you (yet) but do offer valuable strategies, Lexology, Oct. 2016
• New York’s Proposed Banking Cybersecurity Regulation, And Why It’s Relevant To Community And Regional Banks Outside Of New York, Lexology, Oct. 2016
• What Conduct By a Lender or Servicer Constitutes Waiver of Acceleration?, Lexology, Mar. 2016
• Texas State-Chartered Banks Face Increased Scrutiny On Cybersecurity Practices In 2016 Bank Exams; Here Are Some Suggestions To Help You Prepare, Lexology, Jan. 2016
• The Dallas Court of Appeals provides important guidance for banks in assessing liability to those injured in on-premises crimes – parts I-III, Lexology, Nov. – Dec. 2015
• Texas’ open carry handgun law is effective Jan. 1, 2016 - what does this mean for banks?, Lexology, Dec. 2015
• Bridging the Falcon Gap: Do Claims of Subjective Decisionmaking In Employment Discrimination Class Actions Satisfy the Rule 23(a) Commonality and Typicality Requirements, 25 Rev. Litig. 131, 2006

Presentations

• Co-presenter, Rogue Bankers: Successfully Litigating Banker Misconduct Cases, Southwest Association of Bank Counsel Annual Convention, September 2019
• Co-presenter, Managing Class Action Risks for Financial Services Firms, Webcast, December 2016
• Co-presenter, Understanding Cybersecurity Awareness for Insurance Companies, Webcast, June 2016
• Co-presenter, Key Issues in Preserving Attorney-Client Privilege in M&A Transactions, American Corporate Counsel – DFW CLE Presentation, June 2014

Associations

• Dallas Bar Association
• Texas Bankers Association / Texas Association of Bank Counsel
• Dallas Association of Financial Professionals

Community

• Former Board Member of Alley’s House, a Dallas-based non-profit providing educational services to teenage mothers.