Daniel Atlas / Attorney
Delaware is the premier jurisdiction for resolving complex business disputes. We leverage our extensive experience there to position our clients for the best possible outcome.
Before joining Dailey LLP, Dan worked in the corporate litigation group at Skadden in Wilmington, DE. Dan focuses his practice on corporate and complex commercial litigation in Delaware’s state and federal courts, including the Delaware Court of Chancery and the Delaware Supreme Court. Dan’s experience includes representing clients in connection with merger and acquisition-related litigation, contractual disputes, appraisal litigation, derivative litigation and federal securities suits in Delaware state and federal courts. Dan’s practice also involves advising corporations and their boards of directors on corporate governance matters involving the Delaware General Corporation Law, the fiduciary obligations of directors and officers, and other corporate law issues.
Beyond Dailey
In his free time, Dan, his wife Kristin, and their daughter and rambunctious dog love to explore all things that Philadelphia has to offer, whether that be the city’s amazing restaurants, hiking and river trails, or the arts/museum scene. Dan is also a typical avid Philadelphia sports fan and can often be found down in South Philly cheering on one of his various teams while (foolishly) dreaming of the next championship parade down Broad Street.
Representative Matters
- Represented Directors and former officers of Groupon, Inc. in Delaware state and federal derivative litigation, and federal securities litigation in Illinois federal court.
- Represented JAB Holdings, Inc. in the successful opposition of a temporary restraining order in a class action lawsuit seeking to prevent the company and its affiliates from purchasing additional open-market shares of Krispy Kreme Inc.
- Represented Panera Bread Company in a six-day trial of an appraisal action in the Delaware Court of Chancery. The post-trial decision set the appraisal value at $12 per share below the merger price.
- Represented companies in litigation to vindicate their contract rights, including Moët Hennessy Louis Vuitton SE, Diligence, Inc., Delaware Life Insurance Company, Spanish Broadcasting System, and IAC/InterActiveCorp.
- Represented various companies in response to Section 220 books and record demands in the Delaware Court of Chancery.
- Represented Merrimack Pharmaceuticals in litigation against its convertible noteholders arising from the company’s sale of certain assets to Ipsen S.A.
- Represented TravelCenters of America in a post-trial judgment awarding damages and attorneys’ fee against a card issuer in the Delaware Court of Chancery.
* Listed representative matters include matters handled before joining the firm.
Published Articles
- Court of Chancery Continues to Reject Demand Futility Claims Post-Zuckerberg, Harvard Law School Forum on Corporate Governance, 2022;
- Delaware Supreme Court Provides Guidance regarding D&O Liability Insurance Coverage, Harvard Law School Forum on Corporate Governance, 2021;
- Delaware Appraisal Actions: When Does It Make Sense to Prepay?, The CLS Blue Sky Blog, 2018
Recognition
-
Mr. Atlas’ pro bono practice has included representing individuals in guardianship proceedings and victims of domestic violence in obtaining protection from abuse orders. In recognition of his work, he was awarded the Christopher J. White Achievement Award by the Delaware State Bar Association in October 2022.
Bar Admissions
- Delaware
Federal Court Admissions
- U.S. District Court District of Delaware
Education
- University of Pennsylvania Law School – Juris Doctor; Wharton Certificate in Management (2016)
- University of Maryland: College Park – Bachelor of Science in Environmental Science and Policy; Minor in Sustainability (2013)