Dan McGuire

Partner | Litigation

About

Dan McGuire is a business trial lawyer and litigator whose clients rely on him for guidance and advocacy in all phases of a dispute, from pre-litigation negotiations through trial. Clients value his aggressive representation of their business interests in any dispute, accompanied with a commitment to understanding their businesses and the challenges they face in their particular industries.

  • With extensive courtroom experience, as well as a skillful appreciation for when best to avoid litigation, Dan is committed to presenting tailored solutions to his client’s needs based on their unique circumstances and objectives.

    Recognized as a “Rising Star” by Texas Super Lawyers from 2018-present, Dan’s complex litigation practice is distinguished by his commitment to his clients, tireless work ethic, and practical legal advice forged by more than a decade of trial, litigation, and dispute resolution experience.

    Dan’s practice centers on representing businesses, organizations, and individuals in a variety of litigation matters and disputes, including:

    • Disputes arising out of purchase agreements, lease agreements, service agreements, supplier agreements, insurance policies and other contractual agreements

    • Partnership disputes and breach of fiduciary duty claims

    • Fraud, negligent misrepresentation, and tortious interference claims

    • Commercial real estate and lease disputes

    • Construction, transportation, manufacturing, and consumer goods disputes involving serious property damage, personal injury, product liability, indemnity, and other contractual claims

    • Healthcare disputes involving hospitals, senior housing facilities, pharmacies, and other healthcare entities

Practices

  • Civil Pretrial and Trial Services

  • Commercial Litigation

  • Construction and Design Professional

  • Cyber-Risk, Privacy, and Data Security

  • Health and Pharmacy Law

  • Insurance

  • Litigation and Risk Management

  • Political Law and Litigation

  • Products Liability Litigation and Counseling

  • Real Estate

  • Securities and Private Equity

  • Technology

  • Trade Secrets and Restrictive Covenants

Admissions

  • Texas

  • California

  • District of Columbia

Education

  • Georgetown University Law Center, J.D. 2008

  • University of Arizona, B.A. with honors, summa cum laude, Phi Beta Kappa 2005

Honors and Recognitions

  • Rising Star, Texas Super Lawyers (2018, 2019, 2020, 2021, 2022)

Experience

  • FisherBroyles, LLP

  • Polsinelli PC

  • Thompson Coe Cousins & Irons LLP

  • Dickstein Shapiro LLP

Representative Matters

  • Obtained seven-figure arbitration award on behalf of client in post-transaction dispute over stock purchase agreement involving complex technology and accounting-related issues

  • Obtained complete defense arbitration award on behalf of client in post-transaction dispute over asset purchase agreement and executive compensation agreement

  • Successfully briefed and argued appeal before the Texas Supreme Court raising novel questions about legal and evidentiary standards in summary judgment proceedings; appeal resulted in decision in favor of client, reversing trial court’s improper summary judgment, and clarifying summary judgment standards for future litigants

  • Obtained favorable verdict in three-week jury trial involving wrongful death, negligence, and gross negligence claims, resulting in damage award against client significantly lower than pre-trial settlement offers from the plaintiffs

  • Obtained complete defense verdict at trial of premises liability claim asserted against property owner for personal injuries allegedly sustained by the plaintiff

  • Obtained complete summary judgment in a multi-million dollar dispute on behalf of members of limited liability company defending against breach of fiduciary duty and breach of contract claims asserted by another member of the LLC

  • Obtained summary judgment on behalf of former employer against former executive in connection with his fraud and negligent misrepresentation claims against the client

  • Obtained dismissal of all claims asserted against insurance broker client in connection with dispute over property insurance coverage

  • Obtained favorable settlement on behalf of property owner in seven-figure dispute with contractor regarding improper billing by contractor and owner’s termination of construction contract

  • Obtained favorable settlement on behalf of franchisee asserting claims of fraud and breach of franchise agreement against franchisor

  • Obtained favorable settlement on behalf of corporate purchaser of business assets in dispute with former owner over alleged misrepresentations in an asset purchase agreement concerning the value, condition, and utility of business assets

  • Obtained favorable settlement on behalf of international commercial airline in connection with alleged personal injuries sustained aboard the aircraft during an international flight

Presentations and Teaching

  • “Litigation Trends Every Business Owner Should Know,” November 2020, The Entrepreneurship Institute

  • “Corporate Governance and Ethical Considerations for In-House Counsel,” March 2019, GC Netweavers

  • “Legal and Ethical Updates for In-House Counsel,” September 2018, American Heart Association

  • “Legal and Ethical Concerns in Commercial and Intellectual Property Disputes,” March 2015, University of Texas at Dallas