Daniel B. Hodes

Kansas City, Missouri / Of Counsel

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Daniel Hodes specializes in complex civil litigation matters, with emphasis on contract, tort, antitrust, and intellectual property matters. Mr. Hodes represents plaintiffs and defendants in federal and state courts in Missouri, Kansas, and nationally, as well as in arbitration. Among other clients, he is currently representing  a large financial services company on a putative appeal of a summary judgment granted in his client’s favor, and a large capital manager in tort claims against a national banking company; recently represented  a Louisiana financial services  company and earned judgment and injunctive relief against a publicly-traded company on corporate governance claims; and is liaison counsel for the defendants in a nationwide MDL challenging fuel sale practices.

Significant Representations

Obtained summary judgment and denial of class certification for Garmin companies in putative class action alleging violations of state consumer act.  Meyers v. Garmin Int’l, Inc., No. 13-CV-2416-CM-GLR, 2016 WL 1261034 (D. Kan. March 30, 2016).

Obtained judgment following bench trial and injunctive relief on declaratory and injunctive relief claims, affirming client’s right to nominate directors for election to public company’s board and terminate contract precluding nomination.   St. Denis J. Villere & Company, LLC v. Epiq Systems, Inc., No. 1516-CV26509 (Cir. Ct. Jackson Cty. Mo. April 5, 2016).

Represented financial services company and earned summary judgment against claims brought by former shareholder for breaches of implied covenant of good faith and fair dealing.  Kmak v. American Century Companies (W.D. Mo. Nov. 23, 2015).

Represented financial services company in arbitrating claims of breach of contract for sale of subsidiary, resulting in an arbitration award in excess of $350 million, and successfully worked to confirm award in Jackson County Circuit Court. Judgment represents largest collected verdict in Missouri history. American Century Investment Management, Inc. v. J.P. Morgan Invest Holdings, LLC, AAA Arbitration No. 58148Y0022009, Award confirmed, Case No. 1116-CV21103 (Cir. Ct. Jackson Cty., Mo.)

Represented former owners of Hillcrest Bank in litigation arising out of asset purchase in attempt to stabilize Bank during financial crisis.  Obtained summary judgment on certain claims brought by disgruntled member of purchasing team, and then complete trial victory on all remaining claims, receiving judgment for nearly $2 million. The trial victory was affirmed in full on appeal. HCI Investors, LLC, et al v. Fox, et al, 412 S.W.3d 424 (Mo. Ct. App. 2013)

Represented gaming company in litigation brought by landowners regarding real estate sale contract. Firm obtained summary judgment dismissing $40 million claim and an attorneys’ fees judgment for our client of nearly $1 million. Firm successfully won affirmance of both judgments in Tenth Circuit. Kansas Penn Gaming, LLC v. HV Properties of Kansas, LLC, 727 F. Supp. 2d 1100 (D. Kan. 2010); 790 F. Supp. 2d 1307 (D. Kan. 2011); 662 F.3d 1275 (10th Cir. 2011).

Represented Fortune 500 pharmaceutical company in litigation brought by former manufacturer of purportedly competing product for Lanham Act, false advertising, and trade secret claims. Resulted in summary judgment dismissing all claims, which was affirmed on appeal. Natural Answers, Inc. v. SmithKline Beecham Corp., 529 F.3d 1325 (11th Cir. 2008)

Represented medical device subsidiary of Fortune 500 company in litigation brought by manufacturers of competitive products against claims of attempted and actual monopolization. Following a six-week trial, jury returned a full defense verdict and gave no relief on claims. Applied Medical Resources Corp. v. Ethicon, Inc., et al (C.D. Cal.)

Practice Areas

  • Business Litigation
  • Antitrust
  • Trademark, Copyright and False Advertising Litigation
Prior Work Experience

Associate
Weil, Gotshal & Manges LLP, New York, NY, 2004–2008

Education

University of California-Berkeley School of Law, J.D., 2004
• Appellate Advocacy Program, Co-Chair,
2003–2004.

University of Virginia, B.A.
with Distinction, 1998

Honors & Awards

Missouri and Kansas
Super Lawyers Magazine Super Lawyer, 2017; Rising Star, 2014-2016.

Publications

“Monopoly Power Following the DOJ’s Single-Firm Conduct Report”
American Bar Association, 101 & 201 Antitrust Practice Series, December 2012.

“A Good Year for Antitrust Defendants”, with John E. Scribner.
The Metropolitan Corporate Counsel, Dec. 2007, at 14.

First Circuit Rules that Antitrust Treble Damage Class Arbitration May Proceed, but Strikes Contractual Restrictions
Aug. 2006, at 9.

Memberships

American Bar Association
(Antitrust Law Sections)

Federal Bar Association

Kansas City Metropolitan Bar Association
(Federal Court Advocates Section)

Bar Admissions

Missouri

Kansas

New York

United States District Court for the Western District of Missouri

United States District Court for the District of Kansas

United States District Court for the Eastern District of Missouri

United States District Court for the Southern District of New York

United States District Court for the Eastern District of New York

United States Court of Appeals for the Tenth Circuit

United States Court of Appeals for the Eighth Circuit

Organizations

American Red Cross, Greater Kansas City Chapter
Board Member (2009-present)
Chair of Community Engagement Committee (2011–present)