Daniel A. Curto is a partner in the law firm of McDermott Will & Emery LLP and is based in the Firm’s Boston office. He focuses his practice on criminal and civil regulatory matters and business litigation. Dan has been named a Massachusetts and New England “rising star” four times by Super Lawyers and Law & Politics. In 2008, the International Association of Privacy Professionals named Dan a Certified Information Privacy Professional.
Dan regularly represents companies and executives in government investigations, agency proceedings, arbitration and federal and state court litigation across the United States. A significant part of Dan’s practice involves serving healthcare clients in a wide range of legal and business matters, including compliance and risk management. He also has served as electronic discovery counsel for numerous clients and regularly advises companies on the collection, preservation and production of electronic data.
Representative Experience
False Claims Act and FDA Matters
- Represented pharmaceutical manufacturer in defense of nine qui tam suits involving alleged violations of the False Claims Act, the Anti-Kickback Statute and state laws regarding pharmaceutical sales and marketing practices.
- Conducted numerous internal investigations for a biotech company involving sales and marketing practices, grants, medical education and various other compliance issues.
- Conducted internal investigation and government response for a hospital chain regarding alleged False Claims Act and fraud claims.
- Represented former Vice President of Regulatory Affairs in a six-year investigation of a large medical device manufacturer for alleged False Claims Act and fraud issues.
Foreign Corrupt Practices Act and White-Collar Defense
- Conducted internal investigation for a global company regarding potential FCPA issues in South Asia.
- Represented a medical records company in response to a government investigation involving allegations of breach of state data privacy and security regulations. After lengthy negotiations and presentations the government chose not to pursue action against the company.
- Conducted internal investigation involving billing and payment issues for a managed care company.
- Conducted several internal investigations for an international bank regarding potential commodities trading issues.
Civil Litigation
- Served as electronic discovery counsel for numerous firm trial matters. Managed the preservation, collection and production for four separate large, multi-state litigations involving Fortune 500 companies.
- Represented plaintiffs on antitrust issues in Amgen Inc. v. F. Hoffman LaRoche Ltd., et al. (C.A. No.: 05-cv-12237 WGY D.Ma) (patent and Walker Process antitrust)
- Represented managed care company in multiple provider class actions brought in state and federal courts over 10 years; liability resolved by a nationwide settlement that provided changes in business practices but no cash payment to the nearly one million member class.
- Served as evidence counsel for a biotech company during a 5-week jury trial of patent claims in United States District Court.
- Defended international financial institution against claims that it breached its fiduciary duties as trustee of an ERISA company stock plan. After several years of discovery and motion practice, the court granted our client summary judgment.
Education
- Harvard Law School, J.D. (cum laude), 1998
- Northeastern University, B.S. (summa cum laude), 1995
