Daniel R. Adler is a litigation associate in the Los Angeles office of Gibson, Dunn & Crutcher. His practice focuses on complex commercial and constitutional litigation in trial and appellate courts. He has briefed dozens of appeals litigated in federal and state courts across the country and has presented oral argument several times in the California Courts of Appeal.
- Complex commercial appeals. Mr. Adler has represented clients before the Supreme Court of the United States, federal circuit courts, and state and territorial appellate courts across the country. Among other victories, Mr. Adler secured a unanimous decision from the Delaware Supreme Court reversing the judgment of the Court of Chancery in a high-profile appraisal action.
- Voting-rights litigation. Mr. Adler defended a municipality, at both trial and on appeal, against claims brought under the California Voting Rights Act and the Equal Protection Clause. Mr. Adler has also counseled other California cities threatened with litigation under the California Voting Rights Act and section 2 of the federal Voting Rights Act.
- Intellectual-property litigation. Mr. Adler was part of the team that won a complete defense verdict for a major wireless carrier in a patent trial litigated in the District of Nebraska. Mr. Adler successfully defended the verdict before the Federal Circuit, which enlarged the scope of the wireless carrier’s victory at trial by holding the plaintiff’s patent claims were ineligible for patent protection under 35 U.S.C. § 101. Mr. Adler has also litigated other patent cases in trial and appellate courts, as well as cases concerning software copyright.
- Class actions. Mr. Adler has defended clients in high-stakes class actions. Among other cases, Mr. Adler has defended Facebook against claims stemming from the Cambridge Analytica events, a technology company against securities claims, and a boat and motorcycle manufacturer against manufacturing-defect and mislabeling claims.
- Insurance litigation. Mr. Adler has extensive experience representing insurers in a variety of disputes, including against a bad-faith action; in the appeal of a bellwether case brought against an insurer for its connections to a Ponzi scheme; and against oil producers seeking payment under reinsurance policies for damages caused by water contamination.
Mr. Adler also maintains an active pro bono practice. Highlights include:
- First Amendment. Mr. Adler represents a nonprofit sued by a political group for an alleged violation of the First Amendment. Mr. Adler has also counseled other clients facing potential First Amendment litigation.
- Fourth Amendment. Mr. Adler represents the R Street Institute and the Cato Institute in opposing the United States Customs and Border Protection’s policy of searching electronic devices at the border, including at international airports, without even reasonable suspicion
- Civil rights. Mr. Adler first-chaired an administrative mandamus trial in Los Angeles Superior Court in which he presented a constitutional challenge to a provision of the Los Angeles Municipal Code.
- Criminal appeals. Mr. Adler has represented former prosecutors and public defenders serving as amici curiae in support of nonviolent drug offenders seeking to withdraw their guilty pleas on the ground that their counsel did not advise them of the immigration consequences of those pleas. In one case, Mr. Adler helped to persuade the California Court of Appeal to grant the defendant’s habeas petition. In another, Mr. Adler helped to persuade the California Supreme Court to grant the defendant’s petition for review. Mr. Adler has also represented a client in a direct criminal appeal challenging convictions for attempted murder and first-degree assault.
- Prisoners’ Rights. Mr. Adler secured a published opinion from the Ninth Circuit holding that a former prisoner’s claim of indifference to his medical needs was not barred by the Prison Litigation Reform Act’s exhaustion requirement.
Mr. Adler joined Gibson Dunn after serving as a law clerk to Judge Paul J. Watford of the U.S. Court of Appeals for the Ninth Circuit.
Mr. Adler graduated from Columbia Law School in 2014, where he served as an editor of the Columbia Law Review and earned the Ruth Bader Ginsburg Prize for achieving highest academic honors in all three years. He graduated summa cum laude from Princeton University in 2009 with a degree in History and minors in Finance and Latin. Before attending law school, Mr. Adler worked as a strategy consultant at Bain & Company in Chicago.
Mr. Adler is admitted to practice law in the State of California.