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Daniel Girard
Daniel Girard
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(415) 981-4800
 
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Best Lawyers - Lawyer of the Year

Daniel C. Girard is the founder and managing partner of Girard Gibbs LLP, where he serves as the firm’s lead litigation counsel. 

Mr. Girard is nationally recognized as one of the top plaintiff-side lawyers in the United States with an expertise in class actions and complex business litigation.  For more than 25 years, he has successfully represented plaintiffs in cases involving shareholder rights, securities, antitrust, consumer, telecommunications, and civil rights laws.

Recognized by his peers and the judiciary for his professional excellence, Mr. Girard has been selected for inclusion in The Best Lawyers in America (2012-2013) for his work in class action and securities litigation.  Best Lawyers additionally named him the 2013 “Lawyer of the Year” in San Francisco for Mass Tort Litigation / Class Actions - Plaintiffs.  Mr. Girard has been consistently honored as a Northern California Super Lawyer (2007-2012), and has also earned the distinction of being included among the “Top 100 Super Lawyers” in Northern California.  He has been named among the highest class of attorneys for professional ethics and legal skills with an AV-Preeminent rating by Martindale Hubbell, and was featured in the 2012 edition of San Francisco’s Top AV-Preeminent Rated Lawyers.

Mr. Girard was appointed by the Chief Justice of the Supreme Court to serve two terms on the United States Judicial Conference Advisory Committee on Civil Rules, where he evaluated and implemented proposed changes to the procedural rules governing U.S. federal courts.  He has repeatedly been recognized by the federal judiciary as an expert on class actions and complex litigation.  

Mr. Girard has litigated many of the firm’s most high profile, precedent-setting cases in state and federal courts throughout the United States, and has recovered hundreds of millions of dollars on his clients’ behalf.  He has served as counsel to several public and private institutional investors in securities litigation matters both domestically and abroad, and he assists in the prosecution of several international arbitration proceedings on behalf of European clients.

Mr. Girard has appeared on CNBC and FOX News and has published opinion pieces in The National Law Journal and Legal Times.  His cases have been chronicled in major financial and news publications including The New York Times, USA Today, BusinessWeek, and Forbes. He is a frequent speaker on class actions, complex litigation and related topics for legal groups throughout the country, and has served as a guest lecturer at several law schools, including Stanford Law School, UC Berkeley (Boalt Hall), UC Davis Law School, and UC Hastings College of the Law.  He served as a Senior Visiting Fellow for Duke University Law School’s 2013 Wintersession program.

Awards and Honors
  • Best Lawyers’ “Lawyer of the Year” in San Francisco for Mass Tort Litigation and Class Actions – Plaintiffs, 2013
  • The Best Lawyers in America, 2012-2013
  • Northern California Super Lawyers, 2007-2012
  • Top 100 Northern California Super Lawyers, 2012
  • San Francisco’s Top AV-Preeminent Rated Lawyers, 2012
  • AV-Preeminent, Highest Rating by Martindale-Hubbell for Outstanding Ethics and Legal Skills
Current Cases - Leadership Positions
  • Apple REIT Securities Litigation
    • Co-lead Counsel
    • Representing investors in Apple REIT Eight, Apple REIT Nine and Apple REIT Ten purchased through David Lerner Associates.
Significant Recoveries
  • Billiteri v. Securities America, Inc.
    • Lead counsel in a class action against broker-dealer Securities America, Inc. and its corporate parent, Ameriprise, Inc. in connection with sales of Provident Royalties and Medical Capital investment schemes. Lead attorney in negotiations resulting in a $150 million settlement for the class and individual investors in arbitration proceedings.
  • In re American Express Financial Advisors Securities Litigation
    • Co-lead counsel in a class action on behalf of individuals who bought financial plans and invested in mutual funds from American Express Financial Advisors. The lawsuit alleged that American Express steered its clients into underperforming "shelf space funds" to reap kickbacks and other financial benefits. Negotiated a cash settlement of $100 million and additional relief.
  • Scheiner v. i2 Technologies, Inc., et al.
    • Represented lead plaintiff, Kansas Public Employees Retirement System, and served as co-lead counsel in this securities fraud class action on behalf of investors in i2 Technologies. Negotiated cash settlements of $88 million from the company, its officers and its former auditor, Arthur Andersen LLP, as well as significant corporate governance reforms.
  • In re Corrections Corporation of America
    • Served as co-lead counsel in securities class action on behalf of investors against a real estate investment trust and its officers and directors, following defendants' alleged false statements made in the context of a merger. Negotiated a settlement for over $104 million in cash and stock.
  • CalSTRS v. Qwest Communications
    • Represented the California State Teachers Retirement System in opt-out securities fraud lawsuit against Qwest Communications, Inc. and certain of its officers and directors, as well as its outside auditor Arthur Andersen. The case resulted in a precedent-setting $45 million recovery for California school teachers.
  • In re MCI Non-Subscriber Rates Litigation
    • Served as co-lead counsel in this class action lawsuit brought on behalf of MCI subscribers who were charged MCI's non-subscriber rates and surcharges instead of the lower rates which MCI advertised and subscribers expected to be charged. Achieved $90 million cash settlement on behalf of class members.
  • In re H&R Block Express IRA Litigation
    • Served as lead counsel in class action against H&R Block alleging that the tax firm misled consumers in the marketing and sale of its "Express IRAs." Achieved a $19.4 million cash settlement for low-income consumers.
  • Odom v. Microsoft
    • Served as lead counsel in this consumer class action on behalf of Best Buy customers who were signed up for free trials of Microsoft's MSN internet service, never logged in or used the service, but were charged regular monthly fees by Microsoft after the end of the trial period. Achieved a cash settlement providing for reimbursements up to a maximum of $75 as well as other benefits.
  • Natural Gas Antitrust Cases I, II, III, IV
    • Member of the Executive Committee in this coordinated antitrust litigation against numerous natural gas companies for manipulating the California natural gas market. Settled for total recovery of $160 million.
  • In re Digex, Inc. Shareholder Litigation
    • Represented the Kansas Public Employees Retirement System, one of two institutional lead plaintiffs in a class action lawsuit on behalf of minority shareholders in Digex, Inc. seeking to enjoin MCI WorldCom's planned acquisition of a controlling interest in Digex through a merger with Intermedia Communications, Inc., the majority shareholder.
  • In re Oxford Tax Exempt Fund Securities Litigation
    • Served as co-lead counsel in this class and derivative litigation brought on behalf of a real estate limited partnership with assets of over $200 million. Achieved settlement providing for exempt issuance of securities under section 3(a)(10) of Securities Act of 1933, public listing of units, and additional settlement benefits valued at over $10 million.
  • Calliott v. HFS, Inc.
    • Intervened on behalf of an institutional client in this securities class action arising out of the bankruptcy of Amre, Inc., a seller of home remodeling and repair services. Negotiated settlements for substantially all available insurance of $7.3 million.
  • In re Total Renal Care Securities Litigation
    • Served as liaison counsel in this securities fraud action arising out of a restatement of earnings by healthcare provider, brought under the PSLRA by the Louisiana Teachers' Retirement System and the Louisiana School Employees Retirement System. Achieved settlement of $25 million and issuer's commitment to adopt comprehensive corporate governance reforms.
  • In re Towers Financial Corporation Noteholders Litigation
    • Served as liaison counsel and plaintiffs' executive committee member in this securities and RICO class action against promoters and professionals associated with failed investment scheme described at the time by SEC as "largest Ponzi scheme in U.S. history."
  • Mitchell v. American Fair Credit Association
    • Served as lead counsel in a class action lawsuit alleging that American Fair Credit Association ("AFCA") operated an illegal credit repair scheme. Achieved settlements for the class valued at over $40 million.
  • Ho v. San Francisco Unified School District
    • Represented a certified class of San Francisco public school students of Chinese descent in civil rights action seeking to terminate racial and ethnic quotas imposed under 1983 desegregation consent decree. On the first day of trial, the SFUSD, the SFNAACP and the State Board of Education agreed to drop the quota system and mandatory racial "self-identification" requirement, and agreed to submit any further effort to implement racial or ethnic classifications in school admissions to the district court for advance approval.
In the News

Lehman Brothers litigation marches on, Daily Business Review, January 28, 2013 

Alumni Profile: Daniel Girard ’84, UC Davis School of Law News, November 3, 2009

Auction-rate bonds leave many investors hanging USA Today, April 30, 2008

Supreme Court rejects Microsoft, Best Buy appeal Los Angeles Times, October 16, 2007

Microsoft, Best-Buy lose appeal in RICO case  Forbes, October 15, 2007

San Francisco Settles Lawsuit on Desegregation of Schools The New York Times, February 19, 1999 

http://www.youtube.com/embed/k7P_YIhwluw
Professional Information
Education
  • J.D., University of California at Davis School of Law, 1984
    • Editor, Law Review
  • B.A., Cornell University, 1979
Memberships
  • Advisory Board, Institute for the Advancement of the American Legal System  (IAALS)
  • Appointed Member, Restatement of Arbitration Consultative Group, American Law Institute
  • Member, Educating Tomorrow's Lawyers
  • Member, Business Law Section of American Bar Association
  • Member, Northern California International Arbitration Club
  • Board Chair, Board of Trustees Member, St. Matthew’s Episcopal Day School (2003-2008)
  • Plaintiff Representative, United States Judicial Conference Advisory Committee on Civil Rules (2004-2010)
Court Admissions
  • California
  • U.S. Supreme Court
  • U.S. Court of Appeals
    • First Circuit
    • Second Circuit
    • Fourth Circuit
    • Fifth Circuit
    • Ninth Circuit
  • U.S. District Court
    • Northern District of California
    • Southern District of California
    • Central District of California
    • Eastern District of California
    • District of Colorado
Publications & Speaking Engagements
UNIVERSITY OF MICHIGAN LAW SCHOOL JOURNAL OF LAW REFORM
Symposium on Class Actions, Panelist
2013-03-16
DUKE UNIVERSITY LAW SCHOOL
Senior Visiting Fellow (co-taught seminar on class actions and complex litigation)
2013-01-03
INTERNATIONAL MEETING ON BUSINESS LAW IN AFRICA (RIDAA)
Recent Developments in U.S. Arbitration Law
2012-10-17
UNIVERSITY OF DENVER LAW JOURNAL
Limiting Evasive Discovery: A Proposal for Three Cost-Saving Amendments to the Federal Rules
2011-05-04
EXTRAIT DU MAGAZINE, DECIDEURS N121
Managez efficacement vos litiges d'affaires
2012-11-01
THE NATIONAL LAW JOURNAL
Stop Judicial Bailouts
2008-12-01
LEGAL TIMES
Billions to Answer For
2008-09-15
AMERICAN ASSOCIATION FOR JUSTICE 2012 ANNUAL CONVENTION
Bringing and Trying a Securities Class Action Case
2012-07-29
THE IMPACT FUND CONFERENCE ON CLASS ACTIONS
Panel on The Implications of Downsizing Class Actions
2012-03-01
UNITED STATES JUDICIAL CONFERENCE STANDING COMMITTEE ON RULES OF PRACTICE AND PROCEDURE
Panel on Class Actions
2012-01-03
CONFERENCE ON GLOBALIZATION OF CLASS ACTIONS AND MASS LITIGATION (THE HAGUE)
Panel on Paths to (Mass) Justice
2011-12-07
PARIS, FRANCE
Litigation and International Arbitration: Acquiring the Right Reflexes (Contentieux et Arbitrage International: les bons reflexes a acquerir)
2011-03-10
UNITED STATES JUDICIAL CONFERENCE STANDING COMMITTEE ON RULES OF PRACTICE AND PROCEDURE (SAN FRANCISCO)
Panel on Proposals for Rule Amendments and Preservation Obligations
2011-01-05
UNITED STATES JUDICIAL CONFERENCE ADVISORY COMMITTEE ON CIVIL RULES, 2010 LITIGATION CONFERENCE (DUKE LAW SCHOOL)
Panel on Dispositive Motions
2010-05-10
AMERICAN BAR ASSOCIATION, SECTION ON LITIGATION ANNUAL CONFERENCE
Iqbal/Twombly Fallout- Are General Federal Rules Passe?
2010-04-22
GLOBAL JUSTICE FORUM, FINANCIAL FRAUD- BACKGROUND AND LITIGATION PANEL
Opportunities for Cooperation between Plaintiffs' Counsel in Global Financial Frauds
2009-10-16
PARIS, FRANCE
Les tendances des contentieux Americains issus de la crise financiere
2009-05-12
THOMSON REUTERS, ELECTRONIC DISCOVERY AND RECORDS RETENTION CONFERENCE
Ethical Issues in E-Discovery
2008-12-10
ASSET MANAGERS WORKING GROUP ON U.S. CLASS ACTIONS (PARIS, FRANCE)
How the Economic Crisis is Affecting U.S. Class Actions
2008-10-14
NERA'S ELEVENTH ANNUAL FINANCE, LAW AND ECONOMICS SECURITIES SEMINAR
Auction Rate Securities: The Real Story
2008-07-01
WEST LEGALWORKS- EMERGING ETHICS ISSUES IN E-DISCOVERY
Electronic Discovery and the Amended Rules After a Year...What's New? What's Next?
2008-02-26
2008 NATIONAL ASSOCIATION OF PUBLIC PENSION ATTORNEYS (NAPPA) INVESTMENT ROUNDTABLE
The Subprime Loan Crisis- Strategies for Pension Fund Counsel
2008-02-07
PRESENTATION FOR JAPANESE FACT-FINDING MISSION ON CLASS ACTIONS IN THE UNITED STATES
Class Action Litigation in the United States
2007-06-13
AMERICAN BAR ASSOCIATION BUSINESS LAW SECTION
Legitimate businesses can behave badly
1998-05-01