Daniel Waxman has handled litigation before state and federal courts and has argued appeals before the United States Circuit Court for the Second Circuit and the First, Second and Third Departments of the New York Appellate Division. He has litigated and arbitrated claims concerning securities fraud, product liability, trademark and trade dress infringement, domain name disputes, employment, executorial misconduct, insurance coverage, civil rights, public authorities, attorney and accountant malpractice, partnerships, complex business transactions, real estate and construction.
From 1992-1996, Mr. Waxman worked with another firm, where he contributed to the litigation practice, including litigating complex toxic tort, partnership and construction cases.
Representative Experience
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National counsel for a major rental company defending product liability claims and other litigation throughout the country.
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Representation of small and large corporations in defense of product liability and other tort cases including claims arising out of alleged exposure to DBCP, machine accidents, inhalation of carbon monoxide and ingestion of lead paint.
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Successful representation of an insured in a declaratory judgment action against its carrier seeking to disclaim coverage for a multi-million dollar judgment arising out of an accident that occurred at a construction site.
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Successful defense of a several hundred million dollar federal securities fraud claim against a fiduciary brought by the beneficiaries of an estate.
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Successful defense of federal securities fraud claims and claims arising under various states’ statutory fraud provisions in nine different actions brought against an officer of a company by investors in loan pools that the company securitized, the only defendant dismissed from all actions. The successful Second Circuit appeal represented the first time a circuit court held that Sarbanes Oxley’s statute of limitations provision did not have retroactive effect.
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Successful defense of a hedge fund in an action brought by a company in which the hedge fund had invested for violations of several sections of the Securities Exchange Act of 1934 based on allegations of a fraudulent scheme to manipulate the market price in and for the company’s common stock.
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Defense of a series of actions commenced in state court against a fiduciary for breach of fiduciary duty. The claims against the fiduciary were in excess of $1 billion.
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Defense of a major bookseller in trademark infringement actions in various federal court venues.
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Successful defense of a major New York City developer against a prescriptive easement claim that would have severely impacted its construction of a massive residential construction project.
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Successful defense of a claim against the sole shareholders and officers of an internet company seeking to pierce the corporate veil.
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Successful defense of a school board in an action seeking to block it from implementing a project to add an additional athletic field.
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Successful defense, in a several week long trial, of an attorney against multi-million dollar claims of attorney malpractice.
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Successful enforcement of a sexual misconduct exclusion in therapists’ insurance policies, the first time the provisions were upheld in New York State against public policy challenges.
Publications
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Co-author – "Culpable Participation-How’s That Again?" New York Law Journal, Dec. 6, 2004, (with Eva L. Jerome)
Civic Involvement and Distinctions