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Daniel W. Wolff

Partner

dwolff@crowell.com
Phone: +1 202.624.2621
1001 Pennsylvania Avenue NW
Washington, DC 20004-2595

Dan Wolff is a litigator and regulatory problem solver. He is a partner in Crowell & Moring's Washington, D.C. office and chairs the firm's Administrative Law & Regulatory Practice. Dan works with clients across a wide spectrum of regulated industries, counseling them on their rights and obligations under a number of federal regulatory programs and in responding to government enforcement actions. Dan appears regularly in federal district and appellate courts, frequently in matters arising under the Administrative Procedure Act and other federal statutes, or which pose constitutional questions. He also litigates commercial and products liability cases in both federal and state venues.

The National Law Journal named Dan as one of its 2020 Political Activism and 1st Amendment Rights Trailblazers.

In addition to being a skilled litigator, Dan advises clients in responding to government investigations of workplace accidents, fatalities, supervisor liability, whistleblower complaints, and requests for company records. He also speaks and writes frequently on administrative law litigation, and all aspects of workplace safety and health compliance and enforcement defense.

Representative Engagements

  • Administrative Procedure Act / Constitution
    • Dan is a veteran federal district court litigator against the United States. He has brought numerous actions on behalf of clients against Cabinet-level departments or their sub-agencies seeking injunctive and declaratory relief under the Administrative Procedure Act or U.S. Constitution challenging agency rulemakings or other agency actions.
    • As part of his litigation practice, Dan also represents clients from time to time as intervenors or amici in third-party litigation filed by or against federal agencies.
    • Dan also advises clients on rights and litigation strategies arising under the Freedom of Information Act (FOIA).
    • Among his recent matters as lead or co-counsel, Dan has secured litigation victories on summary judgment for clients in multiple U.S. District Courts:
      • in the Southern District of Texas (on behalf of an energy company, arising under the Administrative Procedure Act and the Fifth Amendment’s Due Process Clause)
      • in the Northern District of California (on behalf of a defense contractor, arising under the Freedom of Information Act)
      • in the District of Maryland (on behalf of an individual, obtaining a damages award arising out of a municipality’s violation of the client’s First Amendment rights); and
      • in two cases in the U.S. District Court for the District of Columbia (on behalf of trade associations, arising under the Administrative Procedure Act and other federal statutes).
  • Appellate
    • Dan regularly appears in the federal courts of appeals, as well, frequently in petitions for review of federal agency rulemakings or in opposing (or supporting as intervenor or amicus) some other type of agency action on appeal. He has argued appellate matters before the U.S. Courts of Appeals for the D.C., Fourth, Seventh, Tenth, Eleventh, and Federal Circuits. He has also argued appellate matters in the state/local courts of the District of Columbia and Maryland.
    • Among his noteworthy recent appellate cases are:
      • Sanford Health Plan v. United States, No. 2019-1290 (Fed. Cir.); Montana Health Co-Op v. United States, No. 2019-1302 (Fed. Cir.) (August 14, 2020) (Dan presented argument, and the Federal Circuit affirmed judgment, in a pair of cases seeking damages against the United States for money owed under the Cost-Sharing Reduction Program established by the Affordable Care Act) 
      • Maine Community Health Options v. United States, No. 18-1023 (U.S. Supreme Court) (April 27, 2020) (on brief) (in a huge win for health plans that offered health insurance on the Affordable Care Act exchanges, Crowell represented the lead petitioner in a series of cases seeking damages against the United States for money owed under the ACA's Risk Corridors Program)
      • Overbey v. Mayor and City Council of Baltimore, 930 F.3d 215 (4th Cir. 2019) (Dan was lead counsel and presented argument in this groundbreaking First Amendment case in which the Fourth Circuit held that a municipality may not enforce a non-disparagement provision of a settlement agreement in a civil rights case where the effect of enforcement would be either the stifling of the right of the settling plaintiff to speak about the official misconduct giving rise to her civil rights claims or the penalizing of her for so speaking by denying her a portion of the agreed-upon settlement)
    • Dan’s recent appearances on behalf of amici curiae include California v. Texas (No. 19-840), argued in the Supreme Court in November 2020, concerning the constitutionality of the Affordable Care Act, and Whitaker v. Dep't of Commerce (2d Cir., No. 18-2819), a FOIA case decided in August 2020 in which the Second Circuit affirmed the lower court’s decision consistent with the position advanced by Crowell in its amicus brief.
  • Recovery Litigation
    • Dan is actively involved in Crowell & Moring's recovery litigation practice.
    • Among other things, he is a central member of the Crowell & Moring team that has secured multiple victories for health plans in high-dollar damages cases against the United States arising under the Affordable Care Act (ACA), including a 2020 victory in the U.S. Supreme Court that resulted in judgments of over $13 billion for health plans.
    • Dan is also part of Crowell’s team seeking significant damages on behalf of health plans stemming from inflated billing for prescription drugs.
  • Commercial / Torts
    • As a former federal district court law clerk, Dan is also “at home” in commercial and mass torts litigation, having represented clients in matters ranging from environmental torts and public nuisance, to breach of contract, fraud, and civil RICO.
    • Dan is also part of the law firm’s team defending a medical device manufacturer in mass product liability litigation spread over hundreds of cases across the country.
  • Enforcement Defense
    • Dan defends industry clients in court or before administrative tribunals against citations and penalties, most frequently in actions commenced by the Department of Labor’s Occupational Safety and Health Administration (OSHA) or Mine Safety and Health Administration (MSHA).
  • Natural Resources
    • In addition to his litigation practice, Dan has subject-matter experience in a wide variety of natural resources and public lands disputes, and this aspect of his practice frequently converges with his litigation practice in matters arising under the National Environmental Policy Act (NEPA). On behalf of mining and other natural resources clients, Dan has appeared and argued in the federal district courts and courts of appeals on NEPA-related matters. He also counsels clients on issues arising under federal mineral leasing programs, the Antiquities Act, and the National Historic Preservation Act, among other things.
    • As part of his natural resources litigation practice, Dan has also regularly appeared before the Interior Board of Land Appeals (IBLA) in public lands disputes, both for petitioning parties as well as intervenors.
  • Mass Torts / Products Liability / Commercial
    • As a former federal district court law clerk, Dan is also “at home” in torts and commercial litigation, having represented clients in matters ranging from environmental torts and public nuisance, to breach of contract, fraud, and civil RICO.
    • Dan is currently partnering with his Torts colleagues on an active set of national litigation matters involving medical devices, utilizing his substantial briefing and in-court experience to lead the litigation motions practice.

Dan serves on the firm's Public Service Committee and maintains an active pro bono practice in a wide variety of areas, including civil and constitutional rights, due process litigation on behalf of special needs students under the Individuals with Disabilities in Education Act, asylum, habeas corpus, landlord-tenant, rights of the disabled under the Americans with Disabilities Act, fair wages, and common law torts. On such matters he has appeared in the federal courts, the U.S. Immigration Court, and the courts of Maryland and the District of Columbia.

Dan is an active member of, and participant in CLE events presented by, the American Bar Association and the D.C. Bar Association.

Dan graduated from the University of Wisconsin in 1992, where he earned a B.A. from the School of Journalism. He graduated from the University of Dayton School of Law, summa cum laude, in 2001. While in law school, Dan served as an editor on the University of Dayton Law Review and was active with the Environmental Law Society. Immediately following law school, he clerked for two years in the Southern District of Ohio for the Honorable Walter H. Rice.

Dan is licensed to practice in the District of Columbia and Ohio and is also a member of the bars of multiple federal courts, including the U.S. Supreme Court.

Education

  • University of Wisconsin, B.A. (1992)
  • University of Dayton School of Law, J.D. (2001) summa cum laude

Affiliations

Admitted to practice: District of Columbia, Ohio; U.S. Supreme Court, U.S. Court of Appeals for the Third Circuit, U.S. Court of Appeals for the Fourth Circuit, U.S. Court of Appeals for the Fifth Circuit, U.S. Court of Appeals for the Sixth Circuit, U.S. Court of Appeals for the Seventh Circuit, U.S. Court of Appeals for the Tenth Circuit, U.S. Court of Appeals for the D.C. Circuit, and the U.S. District Courts for the Districts of Colorado, District of Columbia, Maryland, and the Northern and Southern Districts of Ohio.

View More

"OSHA Releases Highly Anticipated Safety Rule for Healthcare Employers and Updated Guidance for All Employers," Labor & Employment Law Alert - US (June 14, 2021). Contacts: Thomas P. Gies, Daniel W. Wolff, Katie Erno
Client Alert / Newsletter
"Anti-Injunction Suit Doesn’t Bar APA Challenge to Tax-Penalty Backed Reporting Requirement," Tax Alert (May 20, 2021). Contacts: S. Starling Marshall, Daniel W. Wolff, Teresa Abney
Client Alert / Newsletter
"FOIA for Government Contractors," OOPS 2021, Crowell & Moring's 37th Annual Ounce of Prevention Seminar (May 12, 2021). Presenters: Anuj Vohra, Daniel W. Wolff, Monica DiFonzo Sterling, and Abigail (Abi) Stokes.
Speech/Presentation
Public Defenders, NAACP File Federal Court Challenge Demanding Immediate Removal of Racist Confederate Statue from Eastern Shore Courthouse (May.05.2021)
Firm News / Announcement
Activists File Lawsuit To Remove ‘Talbot Boys’ Confederate Monument On Maryland’s Eastern Shore The Baltimore Sun (May 5, 2021)
Media Mentions
"What to Expect in New Regulations and General Enforcement Trends under Biden Administration," 2021 Occupational Safety and Health Law Committee Midwinter Meeting (March 23, 2021). Presenter: Daniel W. Wolff.
Speech/Presentation
Mine Operators’ Attorneys Doubt An MSHA Virus Rule Will Emerge Bloomberg Law (March 23, 2021)
Media Mentions
"Confirmation of Haaland as Secretary of the Interior Highlights Potential Reach of Biden Administration’s "All-of-Government" Pursuit of Environmental and Climate Justice Objectives," Environment & Natural Resources Law Alert (March 16, 2021). Contacts: Daniel W. Wolff, Byron R. Brown, Paul Freeman, Monty Cooper, Eryn Howington
Client Alert / Newsletter
"Cal/OSHA Enforcement of the COVID-19 Emergency Temporary Standard Coming Down the Pipeline: Employers Should Be Prepared Now," Labor & Employment Law Alert - US (March 4, 2021). Contacts: Thomas P. Gies, Richard McNeil, Ira M. Saxe, Katie Erno, Suzanne E. Rode, Daniel W. Wolff
Client Alert / Newsletter
"Biden Administration Messes with Texas, Changes Position in California v. Texas," Health Care Alert (February 17, 2021). Contacts: Daniel W. Wolff, Stephen J. McBrady, Alice Hall-Partyka
Client Alert / Newsletter

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Crowell & Moring LLP is an international law firm with approximately 550 lawyers representing clients in litigation and arbitration, regulatory and policy, and transactional matters. The firm is internationally recognized for its representation of Fortune 500 companies in high-stakes litigation, as well as its ongoing commitment to pro bono service and diversity, equity and inclusion. The firm has offices in Brussels, Doha, London, Los Angeles, New York, Orange County, San Francisco, Shanghai, and Washington, D.C.

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