Daniel J. Tully is a skilled litigator and creative strategist who excels at formulating legal defenses and authoring dispositive briefs in complex, high-stakes disputes. He has helped defeat or favorably resolve fraud, fiduciary breach, false advertising, and contractual claims—while recovering millions of dollars in attorneys’ fees—for companies, directors, and executives in a broad range of industries, including banking, fintech, securities, and AI-powered technology.
Experienced in matters of constitutional and administrative law, Dan has also represented and advised large public and government entities on some of their most urgent policy issues. In that role, he has drafted more than a dozen amicus briefs, including at the US Supreme Court, in support of his client’s commitment to immigrant residents and local law enforcement priorities. Known for his even-keeled leadership and case-management abilities, Dan has guided teams through all stages of litigation, including pretrial fact investigation and discovery, trial witness preparation, and posttrial motion practice and appeals, and at all levels of state and federal court.
In addition to his legal work, Dan serves as a mentor to local law students in Los Angeles and is a member of O’Melveny’s Los Angeles office Employment Committee. Outside the Firm, Dan is an active member of the Federal Bar Association’s Los Angeles Chapter and the LA County Bar Association.
Before joining O’Melveny, Dan served as a judicial law clerk for the Honorable Margaret M. Morrow of the US District Court for the Central District of California. While in law school, Dan participated in the UCLA Law Ninth Circuit Appellate Advocacy Clinic, briefing and arguing a successful appeal on behalf of an indigent prisoner to redress violations of her constitutional rights. He continues to champion access to justice as an active member of O’Melveny’s pro bono practice.
Securities and Financial Services
- Obtained dismissal of a putative class action challenging a national bank’s fee policies.
- Obtained dismissal of a Section 10(b) claim against a US-listed Chinese online service provider and its CEO in one of the first shareholder class actions seeking to exploit China’s ban on initial coin offerings.
- Obtained dismissal of multiple putative class actions alleging Section 11 claims against underwriters arising out of initial public offerings for Chinese technology and education companies.
- Obtained dismissal of a putative class action alleging Section 10(b) claim against multinational technology company.
- Obtained dismissal of a putative class action challenging national bank’s debt collection practices under federal and state law.
- Defended former executive officer and director of national bank in litigation brought by disgruntled former CEO alleging blacklisting, tortious interference, fraud, and conspiracy claims. Successfully obtained dismissal under California’s anti-SLAPP statute and recovered multimillion-dollar attorneys’ fees award.
- Litigated and favorably settled a lawsuit against a global investment firm for breach of fiduciary duty under ERISA.
- Litigated and favorably settled a putative class action alleging Section 11, 12, and 15 claims against underwriters arising out of Chinese freight company’s initial public offering.
- Defended one of the nation’s largest banks against numerous consumer banking putative class actions.
- Counsel for underwriters in securities fraud suit arising out of Chinese mobile transportation and technology company’s initial public offering.
Fiduciary Duty Litigation
- Managed a trial team in fiduciary duty litigation that convinced a federal judge and jury to deny former shareholders of a post-IPO computer vision and AI company hundreds of millions of dollars in alleged damages. Obtained judgment awarding client millions of dollars in attorneys’ fees.
- Defended global investment firm and its chief executive and favorably settled litigation alleging trade secret misappropriation and breach of fiduciary duty.
- Advised energy company in obtaining favorable settlement in case alleging breaches of fiduciary duty arising from anti-takeover provisions in stockholder rights plan.
- Advised former officers of national healthcare company in litigation alleging fraud and fiduciary duty claims.
Land Use Litigation
- Guided a luxury mobile home park owner to a multimillion-dollar jury verdict against a municipality for a regulatory taking under the Fifth Amendment to the US Constitution.
- Contributed to a trial team that prevailed at arbitration for a major studio in a lease and termination fee dispute.
Constitutional and Administrative Counseling
- Advised a large government entity on immigration issues, including authoring dozens of amicus briefs to further the entity’s support of immigrant residents and local law enforcement priorities.
- Advised a major motion picture studio on contract and First Amendment issues.
- Advised a Fortune 100 multinational retailer on environmental issues and represented company in statewide lawsuit alleging violations of statutes and regulations governing disposal of hazardous waste, ultimately resolved through favorable consent judgment.
- Advised elected officials on lawsuits and administrative complaints involving electric utilities.
Pro Bono
- While on O’Melveny-sponsored fellowship at immigration nonprofit, served as class counsel in class actions challenging US government’s: denial of statutory protections to unaccompanied immigrant minors; termination of Temporary Protected Status; and abuse, unlawful detention, and summary expulsion of thousands of asylum seekers.
- Represented an asylum seeker in proceedings before the Board of Immigration Appeals and the US Court of Appeals for the Ninth Circuit.
- Represented a reproductive healthcare nonprofit in a challenge to state abortion restrictions.
- Represented Native inmate in litigation raising challenges to prison regulations under Free Exercise Clause.
- Organized renewal clinics with local nonprofit organizations and elected officials for recipients of Deferred Action for Childhood Arrivals (DACA).
- Authored merits-stage amicus brief in US Supreme Court’s DACA decision, Regents of the University of California v. Department of Homeland Security.
- Drafted certiorari- and merits-stage amicus briefs in a US Supreme Court case reviewing dismissal of law enforcement excessive-force claims.
Admissions
Bar Admissions
- California
- Illinois
Court Admissions
- US Court of Appeals, Ninth Circuit
- US District Court, Central, Eastern, Northern Districts of California, Northern District of Illinois, and District of Columbia
- US Supreme Court
Education
- University of California at Los Angeles, J.D.: Order of the Coif; Michael T. Masin Scholar; Managing Editor, Journal of International Law and Foreign Affairs; Articles Editor, UCLA Journal of Law and Technology; Vice Present, UCLA Law Moot Court Honors Board; Writing Advisor for Lawyering Skills Program
- University of Pittsburgh, B.A., Political Science and Business: summa cum laude
Professional Activities
Clerkships
- Honorable Margaret M. Morrow, US District Court for the Central District of California
Externships
- Honorable Gary A. Feess, US District Court for the Central District of California