Overview
Daniel (Dan) T. Menken focuses his practice on corporate and commercial litigation matters involving mergers and acquisitions, fiduciary duties, corporate governance and control, commercial contracts, advancement and indemnification, appraisals, and books and records demands. He has experience representing clients’ interests before the Delaware Court of Chancery, the Delaware Superior Court Complex Commercial Litigation Division, the Delaware Supreme Court, and the US District Court for the District of Delaware.
Prior to joining McDermott Will & Emery, Dan was a corporate and commercial litigation associate at a Delaware law firm. While in law school, Dan served as a judicial intern to Judge Mary Thurber and Judge Frances McGrogan of the Superior Court of New Jersey. Dan was also an executive editor of the Wake Forest Law Review and a member of the moot court board.
Results
- Represented a US health insurance provider in its successful application for a preliminary injunction enjoining its counterparty’s termination of a multi-billion dollar merger transaction, as well as in the post-termination damages trial and successful appeal upholding the trial court’s damages decision*
- Represented subsidiaries of a major Canadian pension fund in their successful application for a TRO enjoining their co-investor’s sale of its ownership interest in a Texas utility company, as well as in the expedited trial and successful expedited appeal reversing the trial court’s decision*
- Represented a multi-billion dollar asset management firm in expedited stockholder class action litigation challenging a merger transaction, resulting in a post-trial opinion one month after the litigation was filed*
- Represented a major US telecommunications company in its successful application for a TRO enjoining its counterparties’ termination of a services contract, as well as in subsequent proceedings resulting in the dismissal of the counterparties’ claims and a default judgment in the company’s favor*
- Represented a multi-billion dollar private equity firm and its subsidiaries in expedited litigation concerning the termination of the parties’ stock purchase agreement based on a COVID-19-related MAE*
*Matter handled prior to joining McDermott
Credentials
Education
Wake Forest University School of Law, JD, 2016
Colgate University, BA, 2011
Courts/Agencies
US District Court for the District of Delaware
Admissions
Delaware
