Daniel J. Feith

DAN FEITH focuses on regulatory and complex civil litigation and government enforcement proceedings, often involving difficult questions of constitutional, statutory, and administrative law. He has extensive experience representing clients before trial and appellate courts, as well as before FDA, EPA, DOJ, and other federal agencies, in matters involving food, drug, and tobacco law, securities law, environmental law, federal fraud statutes, and sovereign immunity. For his regulatory and civil litigation work, Dan has been recognized in Lawdragon’s “500 X – The Next Generation” list of future leaders in law (2023–2024). Dan rejoined the firm after serving in the U.S. Justice Department as deputy assistant attorney general for the Consumer Protection Branch, where he led the Department’s efforts to enforce the Food, Drug, and Cosmetic Act, Controlled Substances Act, and other consumer protection statutes and to defend the FDA in administrative litigation.

Before coming to Sidley, Dan clerked for Chief Justice John G. Roberts, Jr. on the U.S. Supreme Court, Judge Thomas B. Griffith on the U.S. Court of Appeals for the D.C. Circuit, and for Judge Richard J. Sullivan on the U.S. District Court for the Southern District of New York. Prior to law school, Dan served in the U.S. Department of State as a speechwriter for the secretary and deputy secretary of state.

• Successfully represented coalition of oil refineries in long running litigation over “small refinery exemptions” to renewable fuel mandates.
• Successfully represented pharmaceutical company in obtaining dismissal of central count of criminal indictment under the Federal Food, Drug, and Cosmetic Act and in securing affirmance of that dismissal in precedent-setting appeal that invalidated decades-old enforcement theory used by DOJ and FDA.
• Successfully obtained declination on behalf of a COVID-testing and logistics company in DOJ healthcare fraud investigation.
• Successfully represented leading telecommunications firm in D.C. Circuit appeal defending an FCC rate-setting order.
• Representing fuel manufacturers’ trade association in challenges to vehicle emission standards under the Clean Air Act.
• Representing a leading student loan servicer in consumer protection litigation.
• Representing a large technology company in parallel civil and criminal proceedings against highly-publicized claims for stalking and harassment.
• Representing a leading oil and gas company in climate change-related consumer protection litigation brought by state attorney general’s office.
• Represented defendant in “Varsity Blues” college admissions scandal in appeal challenging sufficiency of indictment.
• Successfully represented a financial industry trade association in challenge to a multiagency rule implementing the credit risk retention provision of the Dodd-Frank Act.
• Successfully represented a healthcare services company before the Supreme Court in PDR Networks, LLC v. Carlton & Harris Chiropractic Inc., a case challenging an FCC interpretation of the Telephone Consumer Protection Act that resulted in a 9-0 outcome in the client’s favor.
• Represented the Florida State Senate in constitutional challenge to the Government Employee Rights Act of 1991.
• Represented two institutional investor trade associations as amici curiae in challenge to SEC rule establishing a pilot program testing the effects of restrictions on exchanges’ transaction fees and rebates.
• Successfully represented a former prime minister and defense minister of Israel in an appeal concerning the scope of common law sovereign immunity.