Daniel Girard

Partner

dcg@girardgibbs.com (415) 981-4800 vCard

Daniel C. Girard is the founder and managing partner of Girard Gibbs LLP. He has been recognized by his peers and the federal judiciary as an expert on class actions and complex litigation. He has successfully represented plaintiffs in a range of cases including securities, corporate governance, consumer protection, antitrust, telecommunications, and civil rights.

His recent case work includes serving as one of the lead attorneys in securities litigation in the Southern District of New York arising out of the collapse of Lehman Brothers, serving as lead attorney for investors in the Provident Royalties shale gas investment scheme in the Northern District of Texas, and leading a successful class action against the Government of Guam in United States District Court for the Territory of Guam. Mr. Girard also serves as counsel to several public and private institutional investors in securities litigation matters and advises corporate clients on litigation risk management and corporate governance issues.

Mr. Girard was appointed by the Chief Justice of the Supreme Court to serve on the United States Judicial Conference’s Advisory Committee on Civil Rules from 2004-2010. He was appointed by Chief Justice John Roberts to serve on the Standing Committee on Rules of Practice and Procedure beginning October 1, 2015. He is a member of the American Law Institute and serves on the Advisory Board of the Institute for the Advancement of the American Legal System and Educating Tomorrow’s Lawyers.

Mr. Girard was named to The Best Lawyers in America (2012-2016) for his work in class action and securities litigation. Best Lawyers also named him the 2013 “Lawyer of the Year” in San Francisco for Mass Tort Litigation / Class Actions – Plaintiffs. He has been consistently honored as a Northern California Super Lawyer (2007-2015), and has also earned the distinction of being included among the “Top 100 Super Lawyers” in Northern California. He is ranked 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 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 TimesUSA TodayBusinessWeek, 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.

He served as a member of the Board of Trustees of Saint Matthew’s Episcopal Day School in from 2003-2005 and Board Chair from 2005-2008.

Litigation Highlights

  • 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.

Show Full Bio

Super Lawyers, 2007-2017
Named among the Top 100 Super Lawyers Northern California, 2012-2013

AV-Preeminent
Named among the highest class of attorneys for professional ethics and legal skills by Martindale Hubbell

San Francisco’s Top AV-Preeminent Rated Lawyers, 2012

Best Lawyers’ “Lawyer of the Year"
in San Francisco for Mass Tort Litigation and Class Actions – Plaintiffs, 2013

Best Lawyers, 2012-2017

J.D., University of California at Davis School of Law, 1984
  • Editor, Law Review
B.A., Cornell University, 1979
  • Advisory Board, Institute for the Advancement of the American Legal System  (IAALS)
  • Restatement of Arbitration Consultative Group, American Law Institute
  • United States Judicial Conference Standing Committee on Rules of Practice and Procedure
  • Educating Tomorrow's Lawyers
  • Business Law Section of American Bar Association
  • Northern California International Arbitration Club
  • Duke University Law School, Advisory Council, Distinguished Lawyer Series
  • 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)
Securities fraud, international arbitration, consumer fraud
Effective Tools for Case Management Under the 2015 Amendments, Fort Lauderdale, FL

The Electronic Discovery Institute

October 10, 2016

Twentieth Century Assumptions in a Twenty First Century World, Attorney Faculty

Federal Judicial Center

July 26, 2016

Consumer Class Actions, Settlement & Discovery, Panelist, San Juan, Puerto Rico

HB Litigation Conferences

May 5, 2016

Data Breach & Privacy, Panelist, San Francisco, CA

HB Litigation Conferences

February 11, 2016

Hello "Proportionality," Goodbye "Reasonably Calculated," Panelist

Joint Conference of ABA Section of Litigation and Duke Law Center for Judicial Studies

January 28, 2016

Presentation with Chief Magistrate Judge James P. O’Hara on Discovery Amendments to Federal Rules of Civil Procedure

Joint Conference of Kansas City Metropolitan Bar Association, D. Kan. and W. D. of Mo.

September 17, 2015

Private Breakfast Seminar on Class Action Risk Mitigation Strategies

Lazareff LeBars

September 22, 2015

Rule 23 Mini-Conference, Invited Participant

Judicial Conference Advisory Committee on Civil Rules

September 11, 2015

Managing Complex Litigation Workshop for United States District Judges, Attorney Faculty

Federal Judicial Center

2015-08-24

Panelist, Multidistrict Litigation Institute

Duke Law Center for Judicial Studies

2015-04-09

Panelist, Roundtable on Settlement Class Actions

George Washington University Law School

2015-04-08

Speaker, Lessons from Recent Data Breach Litigation

Western Trial Lawyers

2015-02-26

Speaker, Privacy & Cybersecurity Webinar

The State Bar of California

2015-02-24

Panelist, Duke Proportionality Discovery Conference: Preservation Issues

Duke University Law School

2014-11-13

Invited Participant, Roundtable: Public and Private Enforcement after Halliburton, ATP and Boilermakers

Duke University Law School

2014-09-26

Antitrust Pay-for-Delay Litigation Conference: Panel on Consolidation and Coordination in Generic Drug Cases

HarrisMartin Publishing

2014-09-22

Guest Lecturer: Civil Litigation Seminar

UC Berkeley, Hastings School of Law

2014-09-18

MDL Best Practices Conference: Moderator of Panel on Selection and Appointment of Plaintiffs Steering Committees

Duke University Law School

2014-09-11

Panel on Shareholder Class Action Lawsuits under the New Companies Act

2014 Joint Conference of the Society of Indian Law Firms and the American Bar Association, Delhi, India

2014-02-14

Symposium on Class Actions, Panelist

University of Michigan Law School Journal of Law Reform

2013-03-16

Senior Visiting Fellow (co-taught seminar on class actions and complex litigation)

Duke University Law School

2013-01-03

Managez efficacement vos litiges d'affaires

Extrait du magazine, Decideurs N121

2012-11-01

Recent Developments in U.S. Arbitration Law

International Meeting on Business Law in Africa (RIDAA)

2012-10-17

Bringing and Trying a Securities Class Action Case

American Association for Justice 2012 Annual Convention

2012-07-29

Panel on The Implications of Downsizing Class Actions

The Impact Fund Conference on Class Actions

2012-03-01

Panel on Class Actions

United States Judicial Conference Standing Committee on Rules of Practice and Procedure

2012-01-03

Panel on Paths to (Mass) Justice

Conference on Globalization of Class Actions and Mass Litigation (The Hague)

2011-12-07

Limiting Evasive Discovery: A Proposal for Three Cost-Saving Amendments to the Federal Rules

University of Denver Law Journal

2011-05-04

Litigation and International Arbitration: Acquiring the Right Reflexes (Contentieux et Arbitrage International: les bons reflexes a acquerir)

Paris, France

2011-03-10

Panel on Proposals for Rule Amendments and Preservation Obligations

United States Judicial Conference Standing Committee on Rules of Practice and Procedure (San Francisco)

2011-01-05

Best Practices on Banking and Internal Compliance in Law Firm Management

American Association for Justice, Women's Leadership Summit

July 2010

Panel on Dispositive Motions

United States Judicial Conference Advisory Committee on Civil Rules, 2010 Litigation Conference (Duke Law School)

2010-05-10

Iqbal/Twombly Fallout- Are General Federal Rules Passe?

American Bar Association, Section on Litigation Annual Conference

2010-04-22

Opportunities for Cooperation between Plaintiffs' Counsel in Global Financial Frauds

Global Justice Forum, Financial Fraud- Background and Litigation Panel

2009-10-16

Les tendances des contentieux Americains issus de la crise financiere

Paris, France

2009-05-12

Ethical Issues in E-Discovery

Thomson Reuters, Electronic Discovery and Records Retention Conference

2008-12-10

Stop Judicial Bailouts

The National Law Journal

2008-12-01

How the Economic Crisis is Affecting U.S. Class Actions

Asset Managers Working Group on U.S. Class Actions (Paris, France)

2008-10-14

Billions to Answer For

Legal Times

2008-09-15

Auction Rate Securities: The Real Story

NERA's Eleventh Annual Finance, Law and Economics Securities Seminar

2008-07-01

Electronic Discovery and the Amended Rules After a Year...What's New? What's Next?

West LegalWorks- Emerging Ethics Issues in E-Discovery

2008-02-26

The Subprime Loan Crisis- Strategies for Pension Fund Counsel

2008 National Association of Public Pension Attorneys (NAPPA) Investment Roundtable

2008-02-07

Class Action Litigation in the United States

Presentation for Japanese Fact-Finding Mission on Class Actions in the United States

2007-06-13

Legitimate businesses can behave badly

American Bar Association Business Law Section

1998-05-01

[C]lass counsel—particularly Plaintiffs’ Liaison counsel, Daniel Girard—has represented the plaintiffs diligently and ably in the several years that this litigation has been before me.

- U.S. District Judge, Southern District of New York

Slice 1 BLF 2017