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Daniel J. Cloherty

Education

University of California-Berkeley School of Law (Boalt Hall), Berkeley, California J.D., 1993

Harvard University, Cambridge, MA, A.B., Government, cum laude 1988

 

Admissions to Practice

Supreme Judicial Court of Massachusetts

District of Columbia Court of Appeals

United States District Court, District of Massachusetts

United States Courts of Appeals for the First, Second, Third, Eighth, Eleventh and D.C. Circuits

 

Professional Affiliations

Member, Criminal Justice Act Panel for the U.S. District Court for the District of Massachusetts

American Bar Association (Criminal Justice Section)

National Association of Criminal Defense Lawyers (NACDL)

Boston Bar Association (Criminal Law Section)

District of Columbia Bar Association

 

Awards and Recognitions

Boston's Best Lawyers, Criminal Defense - White Collar (2011-2012)

New England Super Lawyer, Criminal Defense - White Collar (2009 - 2011, 2014)

Massachusetts Super Lawyer (2006-2013)

Best Lawyers in America, a peer-review publication (2008-2013)

 

Continuing Education and Commitment to Excellence

Panelist, “Are You Prepared? Practical Strategies for Responding to Criminal Investigations and Related Civil Matters,” New England Corporate Counsel Association (2006)

Panelist, "Individual Versus Corporate Criminal Liability: Lessons from the TAP Trial," American Bar Association New England Regional White Collar Committee (2004)

Panelist, “Litigating Restitution Issues Under the Mandatory Victims Restitution Act," American Bar Association New England White Collar Committee (2001)

 

Publications and Press

"US Drops Charges in Internet Drug Case," Boston Globe (January 18, 2012)

"Judge Dismisses Associate's 'Associational Disability' Claim," Massachusetts Lawyers Weekly (January 9, 2012)

Co-Author, “Litigating Restitution Issues under the Mandatory Victims Restitution Act” (2001)

Contributing Writer, “The Practitioner’s Guide to Suspension and Debarment” (1996)

 

Pro Bono / Community Service

Represented numerous indigent clients pursuant to Criminal Justice Act appointments in wide variety of cases involving mortgage fraud, Internet pharmaceutical distribution, and other subjects.

Daniel J. Cloherty

617 371 1003

 

 

Clients and Industries

During his career, Daniel has represented many different institutions, executives, and professionals in a wide array of industries. He has served clients in some industries on multiple occasions, including clients in the musical recording, media, high-tech, e-commerce, pharmaceutical, and financial services industries.

Practice Areas and Experience

Daniel is a partner with nearly 20 years of experience in handling both civil and criminal matters in the state and federal courts, and representing clients in proceedings before various regulatory bodies, including the United States Securities and Exchange Commission.

In civil matters, he has represented companies, executives and professionals in many complex business disputes, including matters involving breaches of contracts, breaches of fiduciary duties, shareholder litigation, trade secret theft and employment issues. He has also represented media organizations, recording companies, high-tech companies and other enterprises in cases implicating First Amendment interests, federal copyright laws and/or e-commerce laws (such as Digital Rights Acts or the Communications Decency Act).

In matters related to government investigations and enforcement actions, he has represented many businesses and individuals in investigations and trials involving allegations of securities violations, health care fraud, bank and mail fraud, bribery, embezzlement and obstruction of justice.

Professional Experience Outside of Collora LLP

Before joining Collora LLP in 1999, Daniel was an associate at Miller, Cassidy, Larroca & Lewin, LLP, of Washington, D.C. He previously served as a law clerk to the Hon. Dolores K. Sloviter of the United States Court of Appeals for the Third Circuit and to the Hon. Wm. Matthew Byrne, Jr. of the United States District Court for the Central District of California. In 2002-2003, he served as a Special Assistant Federal Defender in the United States District Court for the District of Massachusetts.

Sample of Results in Practice *

  • Obtained summary judgment for Internet commerce client in lawsuit arising out of alleged defamatory publications on an internet-based message board.
  • Obtained summary judgment for national media entity in defense of defamation claims arising out of a national broadcast of a Massachusetts criminal trial.
  • Obtained defense verdict in three-month federal court jury trial of pharmaceutical executive accused of conspiracy to violate the federal Anti-Kickback Statute laws.
  • Obtained summary judgment for national recording company sued for alleged copyright violations.
  • Obtained summary judgment on all counts for consulting company client sued for alleged wrongful termination, breach of contract, and employment discrimination.
  • Representation of national financial services company in connection with investigations by the United States Securities and Exchange Commission and the Massachusetts Division of Securities.
  • Representation of corporation and executive defendant charged with participating in a multi-million dollar conspiracy to defraud the United States Air Force in connection with the procurement of computer equipment. Successfully resolved commercial dispute for a foreign broadcasting entity sued for copyright infringement relating to the broadcasting of U.S. professional athletic contests.
  • Successfully resolved commercial dispute on behalf of national media entity that was accused of not complying with an advertising purchase program involving pay-per-click advertising and certain broadcast agreements.
  • Successfully represented professionals employed by a mutual fund company and being investigated by the SEC and the Department of Justice for allegedly violating corporate bribery and conflict of interest statutes.
  • Successfully represented client involved in litigation in Florida and Massachusetts in connection with anonymous postings on an Internet bulletin board that affected share prices of a public company. Obtained favorable 1st Circuit ruling interpreting the Communications Decency Act.
  • Obtained favorable settlement of multi-million dollar lawsuit involving allegations of misappropriation of trade secrets on behalf of publicly traded software company as a result of effective pre-trial advocacy.

* This sampling of cases represents a selected, small portion of this lawyer’s total experience, and past performance is not intended to be a representation of likely future results, which must be assessed on a case-by-case basis.