DAN RUBINSTEIN is global co-leader of Sidley’s White Collar: Government Litigation practice and a former assistant U.S. attorney. He is a trusted advocate, investigator, and advisor for Fortune 500 companies and executives alike in high-stakes litigation, sensitive internal investigations, and complex enforcement actions. A Fellow of the American College of Trial Lawyers, Dan has successfully tried 21 jury cases to verdict.
Consistently recognized as a leading lawyer for white collar criminal matters, government investigations, and litigation, Dan has been featured in a number of respected publications including Chambers USA, Benchmark Litigation, Legal 500, and Who’s Who Legal. Clients praise his skills as a trial lawyer, noting Dan is “excellent," and “very strategic” (Chambers USA 2021). Clients also highlight Dan’s “great judgment around investigations and…credibility with criminal and regulatory authorities across the United States” (Chambers USA 2020).
Dan represents clients across a broad array of industries and often in crisis management situations. In particular, he has extensive experience in the financial services, healthcare, technology, consulting, and manufacturing sectors. He has handled a number of complex civil and criminal matters, including those involving enforcement actions brought by the U.S. Securities and Exchange Commission (SEC) and the Commodity Futures Trading Commission (CFTC); Foreign Corrupt Practices Act (FCPA) violations; and other anti-bribery and anti-corruption matters. A “go-to” trial lawyer, Dan has successfully tried 21 jury cases to verdict in state and federal court. He has also successfully litigated and argued numerous appeals before Federal Appeals Courts, conducted more than 100 bench trials and contested evidentiary hearings in state and federal court, and directed more than 100 investigations.
Signiﬁcant Criminal Representations:
- Represented a leading global financial services firm and a senior trading supervisor as a victim witness in a criminal market manipulation jury trial.
- Represented a privately held health care company and two of its executives in a multi-million dollar federal criminal kickback matter. Following a lengthy investigation, the government extended non-prosecution agreements to the company’s executives.
- Secured a favorable resolution on behalf of a multinational corporation in conjunction with DOJ and SEC investigations regarding allegations of foreign bribery and FCPA violations.
- Represented a medical device manufacturer in connection with an investigation of potential criminal conduct by a former employee who attempted to steal key trade secrets for a product that was valued at over $200 million when leaving the company. Based on the evidence uncovered during an internal investigation, the matter was referred to federal law enforcement, and the the former employee was subsequently indicted and convicted.
- Deputy Special Prosecutor who co-led the successful and highly publicized prosecution of the former Mayor of Chicago’s nephew, who was convicted of involuntary manslaughter. The prosecution was closely followed by a number of media outlets and was described as a “stunning” and “remarkable” achievement.
- Represented multiple energy company executives in connection with government investigations and related litigation resulting from the Deepwater Horizon oil rig explosion and oil spill.
- Represented a major automotive company executive in connection with a DOJ investigation and related regulatory matters and recall litigation. No charges were ﬁled against the executive.
- Represented an executive with a European automobile manufacturer in connection with a criminal environmental investigation. No charges were ﬁled against the executive.
- Represented a leading global ﬁnancial institution in investigating and prosecuting the alleged misappropriation of trade secrets by two employees in the client's quantitative trading business. Following an internal investigation, both employees were subsequently indicated and convicted of federal criminal offenses.
- Represented two senior managers at a Japanese multinational company in a DOJ Antitrust Division criminal price-ﬁxing investigation into automotive companies. Obtained immunity for both clients.
Represented the former CEO of a public company in connection with a criminal matter involving ﬁnite transactions in the reinsurance industry, and obtained a deferred prosecution agreement in the criminal proceeding.
- Represented a major real estate developer convicted of bribing an elected oﬃcial to establish new business. Faced with three years in prison, the developer was instead sentenced to home detention and probation.
- As local counsel, worked closely with primary counsel to represent a privately held company’s CFO, who was indicted on wire fraud. The case was dismissed after it resulted in a hung jury.
- Represented a Sundance Award-winning director and screenwriter facing federal criminal charges.
- Represented the CEO/chairman of a large, publicly traded online real estate company on federal criminal charges and related SEC and class actions.
Signiﬁcant Civil Representations:
- Successfully resolved a significant business dispute involving a private equity portfolio company after trying to verdict a two-week federal jury trial in the Northern District of Illinois.
- Secured a dismissal with prejudice of a class action lawsuit alleging that a beverage maker misled customers by labeling its products as “handmade.”
- Successfully resolved securities litigation ﬁled by multiple plaintiﬀs against a global consulting ﬁrm related to ﬁnancial consulting work it did for a large, privately held corporation. The plaintiﬀs, who purchased notes in the privately held corporation, alleged that our client intentionally or negligently misrepresented the privately held corporation’s EBITDA.
- Secured two signiﬁcant preliminary injunctions for the portfolio company of a large private equity fund following a successful internal investigation into potential misconduct by a recently terminated employee. The investigation uncovered an ongoing, multi-year scheme between that engineer and two of the portfolio company’s former owners to develop competing products.
- Secured a key win following a bench trial on behalf of a metal processing client, defeating the National Labor Relations Board (NLRB)’s eﬀorts to require mandatory recognition and bargaining with the United Steelworkers Union (USW) and disclosure of conﬁdential company ﬁnancial records.
- Secured a multi-million-dollar judgment on behalf of a transportation company in “busted-deal” litigation alleging that a seller had falsiﬁed records to drive up the price of an acquisition; the defendant voluntarily dismissed their claims.
- Represented the world’s second-largest domain name registrar in an action alleging violation of the plaintiﬀ’s intellectual property and privacy. Obtained summary judgment in favor of the registrar on all nine of the plaintiﬀ’s claims.
*includes matters handled prior to joining Sidley.
Dan honed his litigation prowess as an Assistant U.S. Attorney in both the Central District of California and the Northern District of Illinois. He won numerous accolades for his trial work, including the DOJ’s “Director’s Award,” the Chicago Crime Commission’s “Stars of Distinction Award” (twice), and honors from the FBI, DEA, and IRS. In that capacity, he investigated and prosecuted a wide range of federal criminal cases involving the Racketeer Influenced and Corrupt Organizations Act (RICO), complex corporate and securities fraud, money laundering, public corruption, terrorism financing, international drug trafficking, and gangs. He also served as a clerk for the Honorable Ernest C. Torres, U.S. District Judge for the District of Rhode Island.
Dan taught trial advocacy to other Assistant U.S. Attorneys from around the country at the DOJ’s National Advocacy Center, and he instructed prosecutors, federal agents, and police officers at various classes and seminars involving the investigation and prosecution of federal criminal offenses. Dan previously served as a Lecturer in Law at the University of Chicago Law School, where he taught “Federal Criminal Practice” from 2007−2014. Dan was on the varsity wrestling team as an undergrad at Brown University.