Daniel W. Podair

Associate

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Areas of Work

White-Collar Defense, Commercial Trials & Litigation, Securities Enforcement, Independent & Internal Investigations

Overview

Daniel Podair is an experienced litigator and trusted legal advisor who focuses his practice on white-collar criminal defense, government and internal investigations, complex civil litigation, and privacy and data compliance and litigation.

Dan's experience in criminal and government enforcement work includes representing both individual and corporate clients in all facets of investigations and inquiries with government regulators. This includes responding to subpoenas, guiding clients through cooperation, and advocating for them post-indictment. Dan also has substantial experience conducting internal investigations, including leading day to day fact development and strategy, managing data collection and review, conducting witness interviews, and drafting investigation reports. Dan's enforcement and investigations work has addressed a wide range of allegations, including wire fraud, money laundering, sanctions violations, bribery, antitrust conspiracies, false statements, workplace misconduct, False Claims Act (FCA) violations, and Controlled Substances Act (CSA) violations. Dan also has substantial experience representing clients in a wide range of complex commercial disputes, including business, employment, and shareholder disputes in federal and New York State courts, as well as in arbitral forums.

Regarding data and privacy compliance and litigation, Dan routinely advises companies and non-profit organizations in responding to data breaches, ransomware attacks, and compliance requirements under US and international privacy and data security laws and regulations. Dan also represents clients in related civil litigation and government enforcement matters. He routinely advises companies on data privacy considerations in transactional matters, including acquisitions and service agreements. Additionally, Dan supports clients in drafting and revising their privacy policies and terms of service. Dan's cybersecurity and data privacy experience includes advising clients on US federal and state statutes and regulatory regimes, including US state data breach laws, US state privacy legislation, the Gramm-Leach-Bliley Act (GLBA), HIPAA, the Children's Online Privacy Protection Act (COPPA), the Telephone Consumer Protection Act (TCPA), and the CAN-SPAM Act.

New York
US District Court, Southern District of New York
US District Court, Eastern District of New York

J.D., Columbia University School of Law, 2016, Solicitations Editor, Journal of Transnational Law; Harlan Fiske Stone Scholar
B.A., Brandeis University, 2011, magna cum laude

Areas of Work

Representative Matters

White Collar Investigations

Secured full dismissal, with prejudice, of indictment against CEO in fraud and conspiracy case (USA v. Willing et al., 4:23-cr-00077, D. Utah).
Represented leading defense industry manufacturer in False Claims Act investigation, resulting in a declination by DOJ.
Representation of multiple former FTX executives in investigations by the DOJ, SEC, and CFTC.
Representation of the former CEO of one of the country’s largest banks in connection with SEC investigation and related litigation.
Representation of several executives of a major pharmaceutical distribution company in allegations concerning the diversion of controlled substances.
Representation of an executive in connection with Russia-related economic sanctions evasion investigations by DOJ and OFAC.

Commercial Litigation

Represented the CFO of a real estate investment trust in parallel criminal, regulatory, securities, class action, and derivative proceedings in state and federal court.
Representation of a charter school in a complex breach of contract dispute in New York State court.
Representation of a jewelry manufacturer in a complex contractual dispute in New York State court involving allegations of substantial unpaid receivables and employee misconduct, resulting in mediated settlement.
Representation of various clients in applications in aid of discovery in foreign proceedings under 28 USC § 1782 proceedings.
Represented a major national property and casualty insurer in more than two dozen COVID-19 business interruption lawsuits, which have resulted in more than 15 case dismissals on motions.
Successfully represented multiple individuals in workplace-related disputes, resulting in successful settlements for the clients.

Data and Privacy Compliance and Litigation

Representation of a diverse range of clients, including leading retailers, e-commerce businesses, and trade associations, on drafting data and privacy compliance policies, third-party data migration, and regulatory considerations in transferring data.
Provide guidance to a leading crypto exchange on third party data migration and regulator considerations in data transfer.
Representation of multiple NFT and crypto companies with the creation of data privacy policies aligned with a complex patchwork of US privacy laws, including state-specific legislation and federal acts such as GLBA and TCPA.