DANIEL REILLY, PARTNER
Dan Reilly is a founding member of Reilly Pozner and he has more than 30 years of experience in courtrooms and before juries around the country. He has been lead counsel for a broad spectrum of complex multi-jurisdictional commercial litigation matters including both the prosecution and defense of class actions for individuals and major corporations. His cases have been throughout the United States including: Arizona, California, Colorado, Florida, Iowa, Minnesota, Missouri, Montana, North Dakota, New Mexico, New York, Ohio, Oklahoma, Oregon, Pennsylvania, South Dakota, Texas, Utah, Washington and Wyoming. Dan has served as litigation counsel for the Denver Broncos Football Club, PERA, AIG, NOLHGA (National Organization of Life and Health Insurance Guaranty Associations), Liberty Mutual, Medtronic and a number of other corporations and individuals. He has achieved multiple million dollar jury verdicts.
Dan is a member of the American College of Trial Lawyers and the American Board of Trial Advocates. He is a Fellow of the American Bar Foundation. In recognition of his skill and accomplishments at trial, he has regularly been listed in The Best Lawyers in America in the following categories: Business Litigation, Commercial Litigation, Bet-the-Company Litigation, Litigation- Banking & Finance, Litigation – Bankruptcy, Litigation – Intellectual Property and Personal Injury Litigation. Dan was named the first Denver Bet-The-Company “Lawyer of the Year” in 2009 by The Best Lawyers in America. He was also named Denver Personal Injury “Lawyer of the Year” in 2010 and Denver Litigation-Banking and Finance “Lawyer of the Year” in 2015 by the publication. Dan has also been regularly listed in Colorado Super Lawyers magazine and was the 2nd top point earner in the state in 2012, 2014 and 2015. He appears in America’s Registry of Outstanding Professionals, Chambers USA America’s Leading Business Lawyers and Who’s Who in American Law.
Dan’s colleagues in the legal profession, judges as well as lawyers, value his courtroom skills and experience and eagerly attend his presentations. For many years, he and partner Larry Pozner addressed the Colorado Judicial Conference on timely subjects like the evidentiary issues raised by the use of technology in the courtroom, and the standards used to determine the admissibility of scientific and other expert opinions.
Dan regularly addresses fellow trial attorneys in presentations to the National Institute for Trial Advocacy, the Colorado Bar Association Annual Litigation Symposium, the Denver Bar Association, CLE programs, and the Colorado Trial Lawyers Association.
Before teaming up with Larry Pozner to form Reilly Pozner LLP, Dan was head of the litigation practice of the Denver office of McKenna & Cuneo, as well as head of that firm’s national litigation training program. Prior to that, he was a named partner in the Denver civil litigation firm of McDermott, Hansen & Reilly. At both firms, he was lead trial counsel for a wide range of complex, multi-state cases.
- Dan Reilly served as lead trial counsel in a dispute over the ownership of the Denver Broncos. In 1984, Edgar Kaiser sold his share of the Denver Broncos Football Club to our client Pat Bowlen – retaining “right of first refusal” on any future sale of a portion of the team. Fifteen years later, after Bowlen had offered a stake in the club to former Broncos quarterback, John Elway, Kaiser sued Bowlen for breach of contract in both federal and state courts. The federal case progressed to the U.S. Court of Appeals for the Tenth Circuit, where our client won. In the related state district court, summary judgment was granted in favor of our client. The Colorado Court of Appeals affirmed the district court’s ruling, the Colorado Supreme Court denied certiorari—and our client maintained control of the NFL franchise.
- In 2009, Reilly Pozner began representing multiple plaintiffs in highly complex litigation against several bank trustees and numerous other defendants, leading to significant recoveries through settlements and a jury verdict of $391 million against PNC Bank. The litigation arose out of a multi-state fraud scheme involving National Prearranged Services, Inc. (a Missouri-based preneed funeral contracts seller) and its two related insurance companies domiciled in Texas. RP was retained by 35 state life and health insurance guaranty associations, NOLHGA, and the Texas Special Deputy Receiver to seek recoveries from over 40 defendants, including multiple bank trustees, an accounting firm, and the former officers and directors of NPS and the insurance companies. Plaintiffs’ claims included negligence and breach of fiduciary duty against the bank trustees for allowing the preneed trust funds to be looted, accounting malpractice, and RICO (Racketeer Influenced and Corrupt Organizations Act) claims against the former officers and directors. RP negotiated settlements with most defendants before trial, resulting in large recoveries for the clients. A five-week trial was held in federal court in Missouri in early 2015, where RP attorneys secured a jury verdict of $391 million (including a punitive damages award) against PNC Bank. The case was reversed and will be re-tried in November, 2018.
- Reilly Pozner was approved by the Lehman Brothers bankruptcy court to act as Lehman’s national coordinating and lead trial counsel in prosecuting claims against mortgage loan originators that sold Lehman defective loans. Dan was senior counsel on the firm’s team in this representation—involving more than 100 cases in 26 states.
- A group of automobile dealerships were facing a purported class action claiming that new cars were equipped in violation of the Colorado Consumer Protection Act and hired Reilly Pozner to defend its interests. After winning landmark reversals at the Colorado Court of Appeals and Supreme Court of the trial court’s initial approval of class treatment, RP team members were called on once again to defend against Plaintiffs’ renewed attempt at certification of two different proposed consumer classes. This five year battle for class certification recently culminated in an extensive four-day evidentiary hearing. Agreeing with Reilly Pozner and its client that individual examinations of each car purchase file were necessary and class wide inferences could not be made, the Jefferson County District Court (Tidball, J.) denied Plaintiffs’ Second Motion for Class Certification on Rule 23 superiority and predominance grounds.
- Dan was trial counsel to AIG and its insurance and broker-dealer subsidiaries in structured finance, intellectual property, and unfair competition litigation, and in arbitration proceedings before the Financial Industry Regulatory Authority. This representation included protecting the rights of AIG as a certificate holder in connection with a proposed $8.5 billion settlement of RMBS claims against Bank of America.
- Dan headed a plaintiff’s jury trial team which obtained a multi-million dollar trademark infringement judgment in Colorado federal court against H.J. Heinz.
- Seven state insurance guaranty associations sued a regional brokerage firm following the liquidation of MidWest Life. The claims were for fraud and breach of fiduciary duties. After three successful jury trials in Colorado, Washington and a three month trial in Iowa, the brokerage firm agreed to settle the cases for $30 million.
- Dan represented Trane U.S. Inc. in the re-trial after appeal of a Colorado federal court action brought by a former franchisee of the company. In the re-trial, Dan and his team obtained a defense judgment which was affirmed In the U.S. Court of Appeals for the Tenth Circuit.
- Dan represented Liberty Digital, a subsidiary of Liberty Media in a Colorado state court breach of contract dispute involving the cable music systems against a national cable company, Comcast Corporation. The case settled after the first day of trial.
- Dan headed the trial team which twice successfully defeated class certification on behalf of the Old Line Life Insurance Company in a consumer/uniform business practices case filed in state court in California. The matter settled prior to trial.
- Dan served as lead counsel defending AIG Life in a multi-million dollar copyright infringement case filed in a Texas federal court which was successfully resolved prior to trial.
- Dan was lead defense counsel representing a national life insurance company in a national class action brought in state court in New Mexico. The matter settled before trial.
- Civil Trials
- Complex Commercial Litigation
- Fiduciary Litigation
- Tort Litigation
- Class Actions
- Consumer Fraud
- Stock Brokerage Fraud
- Legal Malpractice
- Products Liability
- Franchise Litigation
- Residential Mortgage-Backed Securities Litigation (RMBS)
- University of Denver (J.D., 1981)
- Michigan State University (B.A., magna cum laude, 1975)
Bar & Court Admissions
- State of Colorado
- U.S. District Court, District of Colorado
- U.S. Court of Appeals, Sixth Circuit
- U.S. Court of Appeals, Tenth Circuit
- U.S. Supreme Court
- Denver Bar Association (Member, Board of Trustees, 1986-1987; Inter-Professional Committee, 1981 and 1987; Drafting Committee for Revision of Joint Medico-Legal Plan for Arbitrating Professional Liability Cases, 1987; Chair, DBA Young Lawyers Executive Council, 1986; Chair, Sports Committee, 1989-1992)
- William E. Doyle‘s American Inn of Court (President, 1993; Executive Committee, 1987-1994)
- Colorado Trial Lawyers Association (Executive Committee, 1994-1995; Co-Chair Professionalism Committee, 1993-1994; Member, Board of Directors, 1987-1989; Long Range Planning Committee, 1988; Legislative Subcommittee on Statute of Limitations, 1988)
- “Lawyer of the Year,” Denver Litigation- Banking and Finance, Best Lawyers in America (2015)
- “Lawyer of the Year,” Denver Personal Injury Litigation, Best Lawyers in America (2010)
- “Lawyer of the Year,” Denver Bet-the-Company, Best Lawyers in America (2009)
- Best Lawyers in America (listed under Commercial Litigation, Bet-the-Company Litigation, Litigation- Banking & Finance, Litigation – Bankruptcy, Litigation – Intellectual Property and Personal Injury Litigation, 1995-present)
- Chambers USA (listed under Colorado, Litigation: General Commercial, 2006-present and since 2013 listed as a Star Individual)
- Top 10 Colorado Super Lawyers (2012, 2014, 2015 – 2nd top point earner; 2006, 2011, 2013 – 3rd top point earner)
- Top 100 Colorado Super Lawyers (2012-present)
- Top 50 Colorado Super Lawyers (2006-2011)
- AV Preeminent (5.0 out of 5.0) by Martindale-Hubbell (1996-present)
- Life Fellow, American Bar Foundation (member since 2005)
- “Hot List,” National Law Journal Litigation Boutiques (2012)
- Named to Federal Judicial Selection Advisory Panel by U.S. Senators Udall and Bennet (2009, 2012)
- 5280 “Top Lawyers” (Civil Litigation and Commercial Litigation, 2015)
- State Litigation Star, Benchmark Litigation (2015)
- Local Litigation Star in Colorado and Plaintiff, Benchmark Litigation (2014, 2015)
- Plaintiffs Star in Colorado, Benchmark Litigation (2012, 2013)
- Who‘s Who® in American Law
- America‘s Registry of Outstanding Professionals
- Best Amicus Brief, Colorado Trial Lawyers Association Award (1991)
- Recipient: Moot Court Barrister‘s Cup (1980)
Presentations & Publications
- “Show and Tell: Using Demonstrative Exhibits in Opening,” CTLA Annual Convention , 2015
- “The Power of Imagery: Using Demonstrative Evidence in Opening Statements,” Colorado Bar Association, Winning Trial Tactics, 2012
- “Opening Statements and Demonstrative Evidence, ” Colorado Bar Association CLE, Trial Skills, 2011
- “Potpourri of Evidence Issues: Scientific and Digital Evidence, Crawford Issues,” American Judges Association 51st Annual Conference– Making Better Judges, 2010
- Panel Discussion: “Evaluating a Case, ” General Counsel Forum, 2009
- Panel Discussion: “Unraveling the Mysteries of the Jury: Can a Consultant Help You Develop a Winning Trial Strategy,” Faculty of Federal Advocates Annual Meeting, 2009
- “Opening Statement and Demonstrative Evidence,“ Colorado Bar Association’s Litigation Boot Camp II, 2008
- “What to Do When a Commercial Case Comes into Your Office,“ CTLA Conference, 2008
- “E-Discovery in Colorado Courts,“ Colorado Judicial Conference, 2008
- “Five Ethical Land Mines You Really Want to Avoid in E-Discovery,“ AIG American General Life Insurance Company Law Conference, Houston 2007
- “Issues of Admissibility Raised by Electronically Stored Information,“ Colorado Judicial Conference, 2007
- “Using Your Opponent ‘s Witness to Build Your Theory of the Case,“ NOLHGA Annual Legal Seminar, 2007
- “Changing Horses: The Efficient Transition to New/Additional Counsel During Litigation“ and “The Corporation in Litigation: Developing the Allure of David Using the Strength of Goliath,“ Clifton Gunderson ‘s General Counsel Forum, 2007
- “The Latest Strategies and Development in Class Certifications,“ Colorado Bar Association CLE‘s Federal Practice Update, 2003
- “New Federal Class Action Legislation,“ Colorado Bar Association CLE‘s Fall Torts Update, 2003
- “Listing the Intellectual Property Case to a Jury,“ Sterling Education Services, Intellectual Property Issues, 2003
- “Goofball Mistakes We‘ve Made with Demonstrative Evidence,“ Colorado Bar Association CLE‘s Litigation Institute, 2003
- “Cross Examination-Maintaining Control of the Witness,“ CTLA Annual Convention, 2003
- “Evidence Oops: Inadvertent Production and Spoliation,“ Colorado Bar Association, CLE‘s Litigation Institute, 2002
- “Spoliation, Inadvertent Disclosure and Recent Evidentiary Opinions,“ Colorado Judicial Conference, 2002
- “Twenty Things to Do Before Taking an Expert‘s Deposition,“ Colorado Bar Association CLE‘s Litigation Institute, 2001
- “Evidentiary Problems in Litigation,“ Colorado Judicial Conference, 2001
- “The Corporation in Litigation: Developing the Appeal of David Using the Strength of Goliath,“ PriceWaterhouseCoopers, General Counsel Forum, 2001
- “Shreck: Before and Beyond,“ “Evidence in the High Tech World: Applying the Old Rules to the New Issues,“ 2000 Colorado Judicial Conference
- “Cross-Examination of Expert Witnesses,“ National CLE Conference, 2000
- “10 Fatal Flaws of Expert Witnesses,“ Litigation Support and Valuation Conference, Colorado Society of Certified Public Accountants, 1999
- “The New Rules; Not Everyone is an Expert; Not Everything is Expertise,“ Colorado Trial Lawyers Association, 1999
- “From Velcro to Laser Disk: Demonstrative Evidence in a Commercial Jury Trial,“ presented to the Colorado Attorney Regulation Council, 1999
- “Recovering Large Sums Through Litigation: A Case Study,“ presented to the National Organization of Life and Health Guaranty Associations, 1999
- “Trial Practice Basics: The Basic Commercial Trial Case,“ Colorado Trial Lawyers Association, 1999
- Chair, Commercial Litigation Lectures, Colorado Trial Lawyers Association, 1999
- “Federal Traps for the Unwary,“ Colorado Bar Association, 1999
- “Trial Strategies and Tactics That Work,“ Continuing Legal Education Institute, 1997
- “Winning the Battle of the Experts,“ Professional Education Services Institute, 1996
- Trial Advocacy Program Guest Lecturer, University of Colorado School of Law, 1994
- “Advanced Techniques in the Examination of Expert Witnesses,“ Rocky Mountain Expert Testimony Program, National Institute for Trial Advocacy, 1993
- Denver Bar Association
- Colorado Bar Association
- Sam Cary Bar Association
- William E. Doyle‘s American Inn of Court
- Colorado Trial Lawyers Association
- Faculty of Federal Advocates
- American Association for Justice
- American Bar Association
- American College of Trial Lawyers
- American Board of Trial Advocates
- Dan Reilly Selected for Inclusion in The Best Lawyers in America 2016
- Reilly Pozner Case Discussed in Law360 Article Titled “Judge Hits OPM With Latest Class Action Over Data Breaches”
- $390 Million Verdict Against PNC Bank Announced in Pre-Arranged Funeral Services Case
- RP Partner Dan Reilly Referenced in TribLive Article Titled “Jury Orders PNC to Pay $491M in Collapse of Prepaid Funeral Company”
- RP Partner Dan Reilly Quoted in The Examiner Article Titled “$491 Awarded in Funeral Home Fraud”
- RP Case Discussed in St. Louis Business Journal Article Titled “PNC to Appeal $350.5 Million Order for Trustee Role in Prepaid Funeral Scam”
- RP Trial Verdict Discussed in ABC News Article Titled “Jury Awards $491M in Damages in Prearranged Funeral Case”
- RP Case Covered in ABA Journal Article Titled “Federal Jury Awards $491M in Trial Over Prepaid Funeral Scheme”
- Reilly Pozner Wins Five Year Battle Against Class Certification