Daniel E. Brewer

Associate Philadelphia
daniel.brewer dbr.com
Phone: (215) 988-3370 (215) 988-3370
Fax: (215) 988-2757

About

Daniel E. Brewer has experience in a variety of complex commercial matters, including consumer class actions, complex business disputes, intellectual property, products liability, shareholder derivative actions and other corporate governance matters. In the course of his practice, Dan handles many aspects of civil litigation, ranging from pre-litigation counseling, to discovery and dispositive motion practice, to trial advocacy and post-trial proceedings. He represents companies and individuals in a broad range of industries, including telecommunications, retail, banking, automotive, energy, pharmaceutical and computer software. Dan has significant experience litigating consumer claims under various states’ consumer protection laws, including New Jersey’s Consumer Fraud Act and Truth-in-Consumer Contract, Warranty and Notice Act, the federal Telephone Consumer Protection Act, the Fair Credit Reporting Act, and the Video Privacy Protection Act. He regularly advises clients on these laws as well. Dan also has a broad range of experience litigating intellectual property disputes including claims for misappropriation of trade secrets, claims brought under the Lanham Act, and Section 337 investigations before the International Trade Commission.

Dan also represents clients in responding to governmental inquiries and investigations, including investigations initiated by the Securities and Exchange Commission, the Department of Justice and the Office of Attorney General for the Commonwealth of Pennsylvania.

Dan is a contributor to the firm’s TCPA Blog, which provides important information and insight about the Telephone Consumer Protection Act; and is a member of the firm’s Class Actions Team, White Collar Team, and interdisciplinary Retail Industry Team.

Dan is an active pro bono supporter. He regularly participates in a number of pro bono and volunteer activities, including the representation of veterans and low-income clients through the National Veterans Legal Services Program, Homeless Advocacy Project, and Philadelphia VIP.

While in law school, he was a legal writing teaching assistant. Prior to becoming an attorney, Dan worked for an energy and environmental consulting firm in Washington, D.C.

Experience

  • Obtained summary judgment in favor of software client on all claims, including a claim under Pennsylvania’s identity theft statute, and argued the subsequent appeal before the Pennsylvania Superior Court, which affirmed the trial court’s decision.
  • Obtained dismissal of all claims including New Jersey Consumer Fraud Act (“NJCFA”) and warranty claims, on behalf of a pharmaceutical client.
  • Represented client in defeating class certification for claims under the NJCFA.
  • Represented the Special Committee of a bank holding company in response to shareholder allegations regarding numerous alleged breaches of fiduciary duty and financial misappropriations by the chief executive officer and chairman of the board.
  • Represented client in having claims dismissed under the Magnuson-Moss Warranty Act and New Jersey Consumer Fraud Act, 639 F. Supp. 2d. 450, and having the court reconsider a question of first impression under New Jersey’s Truth-in-Consumer Contract Warranty and Notice Act (“TCCWNA”), which resulted in a dismissal of the TCCWNA claims, which was affirmed by the Third Circuit.
  • Obtained dismissal of all tort claims, including defamation, at summary judgment and obtained verdict on remaining breach of oral contract claim in favor of technology company client.
  • Advise clients in pre-litigation consumer claims, including the Telephone Consumer Protection Act and state’s respective consumer fraud act statutes.
  • Argued a successful motion under Fed. R. Evid. 502 relating to inadvertent waiver of the attorney-client privilege.
  • Represent veterans and low income clients through the National Veterans Legal Services Program, Homeless Advocacy Project, and Philadelphia VIP.

Credentials

Bar Admissions

  • Pennsylvania
  • New Jersey

Education

  • Villanova University School of Law, J.D., 2008, cum laude
  • George Washington University, M.A., 2004
  • James Madison University, B.S., 2000

Court Admissions

  • U.S. District Court, District of New Jersey
  • U.S. District Court, Eastern District of Pennsylvania
  • U.S. Court of Appeals, Third Circuit

Organizations

  • Villanova University School of Law, Energy and Environment Law Society (Past Co-founder and President)
  • Pennsylvania Bar Association
  • Philadelphia Bar Association
  • Haddonfield Environmental Commission