Daniel Girard, Girard Sharp Photo

Daniel C. Girard

Partner

Overview

Daniel Girard founded Girard Sharp to offer dedicated, professional representation to everyday Americans. Dan believes that individuals who work hard and play by the rules deserve the same focused, dedicated representation enjoyed by corporations, banks, and insurance companies. Under Dan’s leadership, Girard Sharp has become one of the most respected and experienced class action law firms in the United States.

Dan has been appointed by federal courts to lead class actions brought under a range of federal and state laws, often involving investments and consumer financial services matters. Most recently, he served as counsel for investors in the Woodbridge Investments, Peregrine Financial Group and Provident Royalties cases, all of which involved parallel bankruptcy and criminal proceedings against investment promoters. He has led successful class actions in such areas as securities, corporate governance, telecommunications, unfair competition, federal statutory rights, predatory lending, sexual abuse, product liability, and constitutional law. 

In addition to individuals, Dan’s past and present clients include municipal and state employee retirement systems, public employee unions, financial institutions, property and casualty insurers, and NYSE companies. 

Dan has served the federal court system through his work on federal rule-making committees. He was appointed by Chief Justice William H. Rehnquist to the United States Judicial Conference Advisory Committee on Civil Rules in 2004 and served on the Civil Rules Committee through 2010. Chief Justice John G. Roberts appointed Dan to the Standing Committee on Rules of Practice and Procedure in 2015 and reappointed him to a second term in 2018. Dan’s article, “Limiting Evasive Discovery: A Proposal for Three Cost-Saving Amendments to the Federal Rules,” 87 Denver University Law Review 473 (2010), proposed several rule amendments that were ultimately adopted in Federal Rule of Civil Procedure 34(b)(2).

Dan also serves as a member of the Council of the American Law Institute, where he chairs the Audit Committee, and serves on the Membership and Development Committees.  

He is a long-standing member of the American Bar Association, Section on Business Law, Corporate and Business Litigation Committee. 

Education

J.D., University of California at Davis School of Law, 1984

  • Editor, Law Review

B.A., Cornell University, 1979

Admissions

  • California
  • Northern District of California
  • Central District of California
  • Southern District of California
  • Eastern District of California
  • District of Columbia
  • District of Colorado
  • Northern District of Illinois
  • Courts of Appeals for the First, Second, Fourth, Fifth, Seventh, Ninth, Tenth, and Eleventh Circuits
  • The Supreme Court of the United States

Experience

Jay Peak EB-5 Investment Visa Litigation
Worked with leadership team members and federal equity receiver to recover $150 million in action against Raymond James Financial relating to EB-5 Visa investment project to develop Jay Peak in the Vermont area.

In re Sears Derivative Litigation
Lead counsel in action arising out of Sears’s spinoff of 235 properties to Seritage Growth Properties, a newly formed REIT, to a group that included hedge funder Eddie Lampert and now-treasury secretary Steve Mnuchin. Negotiated a $40 million recover for Sears Holdings Corporation in a derivative action in Delaware Chancery Court. 

In re Sony Pictures Employee Data Breach Litigation  
Lead counsel in action on behalf of employees affected by cyberattack attributed to North Korea following release of film The Interview; led negotiation of settlement for cash and identity theft insurance.

In re Peregrine Financial Group
Lead counsel in action against US Bank following collapse of Peregrine Financial Group, prosecuted in coordination with federal bankruptcy trustee and Commodities Futures Trading Commission. Recoveries totaled over $70 million.   

In re Provident Royalties, LLC/Medical Capital
Lead counsel in a class action against broker-dealer Securities America Inc. and its corporate parent, Ameriprise Inc., in connection with sales of Provident Royalties and Medical Capital investment schemes. Led settlement negotiations resulting in a $150 million settlement for the federal class action and individual investors in arbitration proceedings.

In re American Express Financial Advisors Securities Litigation
Co-lead counsel in a class action on behalf of individuals who alleged that American Express steered its clients into underperforming “shelf space funds” to reap kickbacks and other financial benefits. Negotiated a cash settlement of $100 million and additional relief.

Scheiner v. i2 Technologies, Inc., et al.
Represented the lead plaintiff, Kansas Public Employees Retirement System, and served as co-lead counsel in securities fraud class action on behalf of investors in i2 Technologies. Negotiated cash settlements of $88 million from the company, its officers, and its former auditor (Arthur Andersen LLP), as well as significant corporate governance reforms.

In re Corrections Corporation of America
Served as co-lead counsel in securities class action brought by investors against a real estate investment trust and its officers and directors following false statements the defendants allegedly made in the context of a merger. Negotiated a settlement for over $104 million in cash and stock.

In re H&R Block Express IRA Litigation
Served as lead counsel in class action against H&R Block alleging that the tax firm misled consumers in the marketing and sale of its “Express IRAs.” Recovered $19.4 million settlement for H&R Block customers.

Odom v. Microsoft
Lead counsel in this consumer class action on behalf of Best Buy customers who were signed up for free trials of Microsoft’s MSN internet service, never logged in, or used the service, but were charged regular monthly fees by Microsoft after the end of the trial period. Achieved a cash settlement providing for reimbursements up to a maximum of $75 as well as other benefits.

Natural Gas Antitrust Cases I, II, III, IV
Member of the Executive Committee in this coordinated antitrust litigation against numerous natural gas companies for manipulating the California natural gas market. Settled for total recovery of $160 million.

In re Towers Financial Corporation Noteholders Litigation
Served as liaison counsel and Plaintiffs’ Executive Committee member in this securities and RICO class action against promoters and professionals associated with failed investment scheme described at the time by the SEC as the “largest Ponzi scheme in U.S. history.”

Mitchell v. American Fair Credit Association
Served as lead counsel in a class action lawsuit alleging that American Fair Credit Association (AFCA) operated an illegal credit repair scheme. Achieved settlements for the class valued at over $40 million.

Ho v. San Francisco Unified School District
Lead lawyer for San Francisco public school students of Chinese descent in civil rights action seeking to terminate racial and ethnic quotas imposed under 1983 desegregation consent decree. Settled on the first day of trial, with SFUSD and California State Board of Education agreeing to end quota system and mandatory racial “self-identification.”

Pending Cases

  • A.B. et al v. The Regents of the University of California et al, Central District of California

Honors and Awards

Honors and Awards

  • Top 100 Super Lawyers in Northern California (2012, 2013, 2019)
  • Named to the Northern California Super Lawyers list (2007-present)
  • Best Lawyers in America (2012-2022)
  • Best Lawyers in America’s “Lawyer of the Year” in San Francisco for Class Action/Mass Tort Litigation – Plaintiffs (2013)
  • Featured in San Francisco’s Top AV-Preeminent Rated Lawyers (2012)
  • AV-Preeminent rating by Martindale-Hubbell

Affiliations

Community & Professional

  • United States Judicial Conference Standing Committee on Rules of Practice and Procedure (2015-present)
  • American Law Institute (2006-present)
    • Council Member (2019-present)
  • United States Judicial Conference Advisory Committee on Civil Rules (2004-2010)
  • Business Law Section of American Bar Association
  • Advisory Board, Institute for the Advancement of the American Legal System (IAALS) (2009-2015)
  • Advisory council, Duke University Law School, Distinguished Lawyer Series
  • Board chair, Board of Trustees member, St. Matthew’s Episcopal Day School (2003-2008)

Insights

Press

Speaking Engagements

Publications

  • Co-author, Managez efficacement vos litiges d'affaires
    Extrait du magazine, Decideurs N121
    11.2012
  • University of Denver Law Journal
    05.2011
  • Author, Litigation and International Arbitration: Acquiring the Right Reflexes (Contentieux et Arbitrage International: les bons réflexes à acquérir) Paris, France
    03.2011
  • The National Law Journal
    12.2008
  • Contributor, “How the Economic Crisis is Affecting U.S. Class Actions” Asset Managers Working Group on U.S. Class Actions Paris, France
    Asset Managers Working Group on U.S. Class Actions
    10.2008
  • Author, Billions to Answer For: The auction-rate securities debacle stuck investors with a real need for representation
    Legal Times
    09.2008
  • Author, “Electronic Discovery and the Amended Rules After a Year...What's New? What's Next?” West LegalWorks- Emerging Ethics Issues in E-Discovery
    West LegalWorks- Emerging Ethics Issues in E-Discovery
    02.2008
  • The Consumer Advocate, Volume 14, No. 2
    01.2008
  • American Bar Association Business Law Section
    05.1998
  • Co-author, Recent Developments in Class Action Litigation: Mandatory Certification in Complex Securities and Mass Tort Cases
    Inside Litigation
    09.1992
  • Author, Toward Lomé III: Perfecting the European Community’s African Partnership
     16 Case W. Res. J. Int’l L. 459
    1984
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