Dan Mogin

Practice Areas

Antitrust

Unfair Competition

Class Actions

Mergers – Litigation & Agency Advocacy

Mergers – Antitrust Due Diligence

Mergers – HSR Analysis and Filings

Competition Policy and Advocacy

Private Equity, Hedge Fund, and M & A Disputes

Trade Regulation

Intellectual Property, Standard Essential Patents & Trade Secrets

Complex Business Litigation

Appeals

CFIUS Analysis and Findings

Data Breach Litigation

Career

Over his 40+ year career, Daniel Mogin has been appointed as lead or liaison counsel many times and has also frequently served on Steering and Executive committees charged with overall responsibility for direction of complex Multi-District Litigation and Judicial Council Coordination Proceedings .Mr. Mogin served as a Lawyer Representative to the Ninth Circuit Conference for the United States District Court for the Southern District of California. Mr. Mogin has been selected multiple times as a "Best Lawyer in America" and a "Super Lawyer" for Antitrust Litigation, as well as one of San Diego’s “Top Attorneys” for Corporate and Business Litigation. He has also been named International Advisory Expert in Unfair Competition and Complex Business Litigation in California. Mr. Mogin is a recipient of the Sylvia Siegal Award and recognized by the California Assembly for his contributions to competition law. He was also the recipient of the Illinois Trial Lawyer Excellence Award for his work in competition law.

Publications

Articles

9th Circuit Vacates Anticompetition Ruling, Will Rehear Issue En Banc – Co-Author

FTC Files Much-Anticipated Monopolization Charges Against Broadcom – Co-Author

Ninth Circuit’s Higher Hurdle for Antitrust Class Members Weakens the Law When We Need it to be Stronger. Is the Court Having Second Thoughts? – Co-Author

Ninth Circuit Invites Arguments re Review of Its Own Antitrust Class Action Decision – Co-Author

Politics in Antitrust: This Time It’s Different – Author

Bill Designed to Sharpen CFIUS to Better Undercut China’s Momentum – Co-Author

Teams vs. Slack: M&A and Competition Questions in the Collaboration Space – Co-Author

EC Green Lights $8.5B Eyewear Deal, Pending Divestitures in Three Countries – Author

Salesforce-Slack Merger Gets a Second Look from DOJ – Co-Author

Fourth Circuit Affirms Divestiture Remedy in Molded Door Market Merger Challenge – Co-Author

Will the Antitrust Laws Get an Update? – Co-Author

Citing “Unprecedented Times,” Government Suspends Early Terminations of Merger Reviews – Co-Author

The European Commission Accepts Narrow Commitments to Resolve Broadcom Investigation – Co-Author

Emboldened by New Resources and Expanded Authority, Feds Continue 10-Year Look Back at Chinese Investment – Co-Author

POTUS Uses CFIUS to Unwind TikTok Deal, Fears Chinese Government Will Get Americans’ Private Data – Co-Author

California High Court: Interference With ‘At Will’ Contract Requires ‘Separate Wrong’ to be Actionable – Co-Author

Is a Pandemic a Material Adverse Event in M&A? – Co-Author

Treasury’s New Regs Address Impact of Foreign Investments, Other Deals on National Security – Co-Author

INSIGHT: FTC’s Inquiry Into Common Ownership Benefits Markets, Consumers – Author

At Long Last: FTC, DOJ Issue New Draft Vertical Merger Guidelines – Co-Author

FTC Challenges Illumina- PacBio Merger over for Next Gen DNA Sequencing – Author

Billion-Dollar Merger of DNA Sequencing Firms Opposed by U.K., Questioned in U.S. – Author

Beef Buyer Class Action Says ‘Big Beef’ Colluded to Score Record Profits by Manipulating Capacity – Author

Re: A Monopoly Donald Trump Can Pop. – Co-author. December 2016

Neil Gorsuch and Antitrust Law – Co-Author

LIBOR (Gelboim) and the Implications of its Unwritten Rule (2016) – Co-Author

Pay for delay cases illustrate struggle between competition vs. regulation policies (2009) – Author

Economic Recovery: Lesson from Antitrust History (2009) – Author

Litigating Lesson from the Savings & Loan Crisis (2008) – Author

New Uniform Class Action Procedures (2002) – Author

The Consumer Impact Of Illinois Brick, A Short Analysis (1999) – Author

Antitrust, Competition and Democracy: Adam Smith Was Right (1998) – Author

The Microsoft Media ‘Debate’: Decide Based on Evidence and the Law, Not Economic Dogma (1998) – Author

Treatise

California Antitrust & Unfair Competition Law (Third) – Editor-in-Chief & Author

Cohelan, California Class Actions and Roddy – Contributor

RICO in Business and Commercial Litigation. – Contributor

Education

Experience

DANIEL J. MOGIN (Managing Partner) received his B.A. (Economics) from Indiana University and his J.D. from the University of San Diego. Mr. Mogin was admitted to the State Bar of California in 1980. He is also admitted in The Supreme Court of the United States, the United States Court of Appeals for the Ninth, Seventh, and Second Circuits and the United States District Courts for the Southern, Central, Northern and Eastern Districts of California and the District of Columbia.

Mr. Mogin’s practice concentrates on antitrust, unfair competition, and complex and business litigation. He has been selected as lead or liaison counsel in numerous cases and has also frequently served on Steering and Executive committees charged with overall responsibility for direction of complex Multi-District Litigation and Judicial Council Coordination Proceedings. He has participated in some of the largest antitrust class actions in the United States. Mr. Mogin is frequently invited to participate in these cases by other law firms and often consults with law firms engaged in antitrust cases. He has also provided expert testimony in cases and before the California State Senate Judiciary Committee.

Dan Mogin served as a Lawyer Representative for the United States District Court for the Southern District of California at the Ninth Circuit Conference. Mr. Mogin is a past Chair of the Antitrust and Unfair Competition Law Section of the California State Bar (2002-2003). He taught antitrust law for ten years as an Adjunct Professor at the University of San Diego. Mr. Mogin is an emeritus member of the Advisory Board and has contributed to its Report to the Antitrust Modernization Committee (2007) and its Antitrust Presidential Transition Report (2008).

Mr. Mogin was Editor-in-Chief and an author of California Antitrust & Unfair Competition Law (Third), published by the Antitrust and Unfair Competition Law Section of the California State Bar. He has contributed to a number of other legal treatises and is the author of many articles on litigation and antitrust issues. He has been a panelist and lecturer for numerous organizations on complex litigation, antitrust, unfair competition, mergers and acquisitions, and civil procedure.

Mr. Mogin has been selected multiple times as a “Best Lawyer in America” and a “Super Lawyer” for Antitrust Litigation. He has been repeatedly chosen as one of San Diego’s “Top Attorneys” and has been named International Advisory Expert in Unfair Competition and Complex Business Litigation in California. He has been chosen by The Daily Journal as a Top Antitrust Lawyer, by Lawdragon as a Leading Plaintiff Financial Lawyer for Antitrust Litigation and was recognized by the Legal 500 for excellence in his field.

Mr. Mogin has received the Sylvia Siegal Award which recognizes professionals who continue to identify injustices faced by consumers. He has also received the Illinois Trial Lawyer Excellence Award by Jury Verdict Reporters for his work in competition law. His work has also been recognized by the California Assembly, Mothers Against Drunk Driving and the Sierra Club, among others.

Mr. Mogin has been referred to in the national media and legal journals including American Lawyer, Bloomberg Law, Law360, SF Recorder, LA Daily Journal, SD Daily Transcript, Wall Street Journal, NY Times, LA Times, Washington Post, CNN, CBS, NBC, Forbes, Barron's, FTC Watch, and Stein, A License to Steal: The Untold Story of Michael Milken and the Conspiracy to Bilk the Nation (Simon & Schuster 1992).

Awards