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Daniel A. Curto is a partner in the law firm of McDermott Will & Emery LLP based in the Firm’s Boston office. As a member of the Trial Department, he focuses his practice in the areas of class actions and complex commercial litigation. He has substantial experience defending clients in national class action lawsuits in state and federal courts, including products liability, consumer fraud, and antitrust class actions. He has also defended clients in various regulatory investigations and actions.
Class Actions
Daniel has successfully defended class action claims in numerous state and federal courts. Daniel was part of team that represented two pharmaceutical companies with respect to several federal and state class action lawsuits in the Fen-Phen diet drug litigation. In that capacity, Daniel has successfully opposed motions to certify class actions in the multi-district litigation consolidated in federal court in Pennsylvania and also state court actions in California, New Jersey, and Ohio. Daniel has also represented clients in class action matters pending in Arkansas, California, Illinois, Massachusetts, and New Hampshire in matters involving such issues as alleged unfair and deceptive advertising, violations of state antitrust statutes, antitrust tying, insurer reimbursement under HMO plans, and products liability and property claims associated with genetically modified corn. Daniel has appeared as a panelist for bar group concerning class actions and has authored several articles on class actions.
Product Liability
Daniel has particular experience in complex products liability cases. He is part of McDermott, Will & Emery’s national counsel team, representing two phentermine manufacturers in the Fen-Phen diet drug litigation, the team also serves as co-lead counsel for all phentermine defendants in the consolidated multi-district (MDL) federal diet drug litigation that is pending before the United States District Court in Philadelphia. In this capacity, Daniel has successfully challenged the validity of scientific and technical expert testimony in state and federal court. Daniel also has extensive experience with the overall management of complex, multicase litigation, including matters involving diet drugs and genetically modified corn.
Regulatory Actions
Daniel has represented clients in matters involving the Federal Energy Regulatory Commission, the Department of Justice, the Commodity Futures Trading Commission, the Securities and Exchange Commission and the Massachusetts Department of Revenue. Recently, Daniel has been part of a team that has responded to several matters before the Federal Energy Regulatory Commission regarding allegations related to California’s electricity market in 2000 and 2001.
Education:
Harvard Law School, J.D. (cum laude), 1998
Northeastern University, B.S. (summa cum laude), 1995 | 