Dan Moylan has extensive experience representing special litigation committees in the conduct of investigations following the filing of shareholder derivative actions (sometimes called “Zapata” or “Auerbach” investigations). Recently, Mr. Moylan has advised such committees of:

• a healthcare company investigating whether it should pursue claims against members of the board of directors and certain former officers, arising out of claims that the company violated applicable healthcare regulations.
• a mutual fund board of directors that investigated the conduct of the company’s advisor (see Scalisi v. Grills, et al., Eastern District of New York, for the favorable ruling of the court following the investigation).
• a multi-national oil company that investigated whether the company followed U.S. and international law concerning its dealings with a nation under U.N. sanctions, and whether certain of its directors and officers fulfilled their duties to the company.

Mr. Moylan also assists in the conduct of internal corporate investigations undertaken for reasons other than the filing of a shareholder derivative action. For example,  he assisted the General Counsel of a defense contractor to investigate allegations that the company breached its contract with the Department of Defense by overstating the services performed pursuant to the contract, and helped the board of directors of a company selling a consumer good investigate whether certain of its officers and the accounting department improperly booked profits to inflate the company’s earnings.

Mr. Moylan also focuses his practice on defending securities class actions, such as defending a clothing manufacturer against 10(b) claims (see Massachusetts Laborers Annuity Fund v. Joseph A. Bank, Inc., et al., District of Maryland)

Finally, Mr. Moylan also practices civil litigation arising out of estate and trust disputes, and other private wealth-related litigation (for example, real property-related litigation).

Activities

Mr. Moylan is a past President of the Maryland Defense Counsel, Inc., an organization of 750+ Maryland litigators whose practices are limited to defending individuals and businesses against lawsuits. Previously, while serving as the MDC's Legislative Chair, Mr. Moylan organized and coordinated opposition to legislation that would eliminate the Economic Damages Cap in Maryland and shift Maryland law from Contributory Negligence to Comparative Negligence. He has also served on the Pro Bono Committee of the Community Law Center.