Profile
Daniel P. Elms is a business litigator representing clients of all sizes across a variety of sectors. He guides clients through the entire business litigation and arbitration process, including pre-trial litigation strategy and discovery, trial, and post-trial proceedings. Dan has substantial first-chair trial experience on jury, non-jury, and injunction matters, and his arbitration experience includes AAA, ICC, and FINRA proceedings.
Concentrations
- Breach of contract claims and business torts
- Earnout and deferred compensation claims
- Franchisee and distributor/reseller disputes (including statutory protection claims)
- Financial services and hedge fund litigation (including counterparty and investor disputes)
- Securities litigation (including broker-dealer and registered representative disputes)
- Trade secrets and restrictive covenants litigation
Capabilities
Experience
- Nominal damages judgment from the Alaska Supreme Court on appeal of $51 million jury trial verdict.°
- Take-nothing ICC arbitration award on $65 million claim arising out of client’s refusal to take delivery of commercial aircraft because of the manufacturer's insolvency; also obtained $1.7 million counterclaim award for non-performance of maintenance obligations.°
- Take-nothing jury verdict and judgment on breach of warranty, negligent misrepresentation, and DTPA claims arising out of client’s installation of accounting software.°
- $1.8 million arbitration award for defendant’s breach of oil and gas exploration joint-venture agreement.°
- $1 million judgment for breach of consulting agreement relating to a private investment in public equities transaction.°
- $800,000 bench trial verdict and judgment for breach of warranty and failure to indemnify claims arising out of a foreign government’s seizure of assets purchased by client from defendant.°
- Summary judgment on $45 million fraud and breach of fiduciary duty claim by investors relating to wind-down of a hedge fund.°
- Summary judgment on $14 million tortious interference claim arising out of syndicated lenders’ non-consent to a debtor’s asset sale and debt refinancing.°
- Summary judgment on fraud, negligent misrepresentation, and breach of fiduciary duty claims arising out of workers’ compensation insurance agreement; also obtained $1 million counterclaim judgment for unpaid retrospectively-calculated premiums.°
°The above representations were handled by Mr. Elms prior to his joining Greenberg Traurig, LLP.
Recognition & Leadership
- Listed, Super Lawyers magazine, “Texas Super Lawyers,” 2011-2019
- Selected, D Magazine, “Best Lawyers in Dallas – Business Litigation,” 2017
- Honored, American Bar Association Section of Litigation, “Outstanding Subcommittee Chair (for Chairmanship of the Business Torts & Unfair Competition Subcommittee),” 2013-2014
- State Bar of Texas, 1997-Present
- American Bar Association, 1997-Present
- Member, Litigation Section, 1997-Present
- Member, Business and Corporate Litigation Committee, 2009-Present
- Member, Business Torts & Unfair Competition Committee, 2009-Present
- Member, Business Law Section, 1997-Present
- Member, Litigation Section, 1997-Present
- Member Texas General Counsel Forum Board, 2016-2018
- Member, Greater Dallas Regional Chamber of Commerce, 2016-2018
- Member, Talent Pipeline Policy Task Force, 2017
- Past Member, College of the State Bar of Texas
- Past Member, World Affairs Council of Dallas/Fort Worth
- Past Participant, Dallas Bar Association Law in the Schools Program
- Past Member, Adult Basic Education, National Community Education Day
Credentials
Education
- J.D., Rutgers University School of Law
- B.A., Texas Tech University
Admissions
- Texas
- U.S. District Court for the Northern District of Texas
- U.S. District Court for the Southern District of Texas
- U.S. District Court for the Eastern District of Texas
- U.S. District Court for the Western District of Texas
- U.S. District Court for the District of Colorado
- Supreme Court of Texas
- Supreme Court of the United States