Education
- University of San Diego – 1980
J.D. - Indiana University – 1976
BA: Economics
Admission
- State Bar of California
- Supreme Court of the United States
- United States Court of Appeals for the Ninth, Seventh and Second Circuits
- United States District Courts for the Southern, Central and Northern Districts of California
- United States District Court for the District of Colombia
Dan Mogin
Managing Partner
Dan Mogin 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, the United States District Courts for the Southern, Central and Northern Districts of California, and the District of Colombia.
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 to 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 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 as a “Best Lawyer in America,” a “Super Lawyer,” and “Lawyer of the Year” 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.
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, 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, The O’Reilly Factor and Stein, A License to Steal: The Untold Story of Michael Milken and the Conspiracy to Bilk the Nation (Simon & Schuster 1992).
Notable Cases
- Containerboard Products Antitrust Litigation: Partial settlements $376 Million (Co-Lead; NDIL)
- Dynamic Random Access Memory (DRAM) Antitrust Litigation: $315 Million (Co-Lead; MDL-NDCA)
- ATM Surcharge Fee Antitrust Litigation (Co-Lead; DDC)
- Private Investors: Minority shareholders action to oust management and board (Private Lead; CDCA)
- Foreign Exchange Benchmark Rates Antitrust Litigation: Partial settlements $2.2 billion (Class Counsel; SDNY)
- Circular Thermostat Antitrust Litigation: $8.75 million (Co-Lead; MDL-NDCA, SF, VT)
- Smokeless Tobacco Antitrust Cases: $96 million (Co-Liaison; JCCP-SF)
- TFT-LCD (Flat Panel) Antitrust Litigation: $1.2 billion (Class Counsel; MDL-NDCA).
- Private Equity Litigation: $-Confidential (Private Lead; CDCA)
- Microsoft Antitrust Litigation: $1.1 billion (Executive Committee; JCCP-SF)
- Vitamin Cases Antitrust Litigation: $96 million (Executive Committee; JCCP-SF)
- Brand Name Prescription Drug Antitrust Litigation: $715 million (Class Counsel; MDL-NDIL)
- San Diego MLS Antitrust Litigation: $7.5 million (Lead; SDCA)
- PVC Antitrust Litigation: $-Confidential (Private Lead; ADR-LA)
- Intel Benchmark Litigation: $25 million (Co-Lead; JCCP-SC)
- Drexel/Milken Daisy Chain Securities Litigation: $325 (Pooled Claims Counsel; MDL-SDNY & CDCA) (Prior firm).
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
Lecturer
Mr. Mogin has been a panelist and lecturer for numerous organizations on complex litigation, antitrust, unfair competition, mergers and acquisitions and civil procedure.
Awards and Honors
- Legal500 Antitrust Civil Litigation/Class Action: Plaintiffs – 2018, 2019, 2020, 2021, 2022, 2023
- Mondaq Thought Leading Author – Antitrust/Competition Law – 2022
- Global Law Experts – Antitrust Litigation Representative in California – 2022
- Best Lawyers in America: Lawyer of the Year 2022 – Antitrust Litigation
- Best Lawyers in America – Best Lawyer Antitrust Litigation – 2018 – 2025
- American Institute of Legal Professionals: Lawyer of the Year – Civil Litigation – 2021
- Daily Journal – Top Antitrust Lawyers – 2020, 2022
- Daily Journal – Top Plaintiff Lawyer – 2022
- Lawdragon 500 Leading Plaintiff Financial Lawyer Guide
- Jury Verdict Reporter: Trial Lawyer Excellence – 2018
- International Advisory Experts Award: Complex Business Litigation in California – 2018
- Super Lawyers -Antitrust Litigation – 2009, 2012-2022
- San Diego Top Attorneys- Business & Corporate
- Legal Aid Society of San Diego – Pro Bono Outstanding Service Award (2)
- San Diego County Board of Supervisors Outstanding Community Leaders Award
- Mothers Against Drunk Driving- Outstanding Community Leaders Award
- CHP 11-99 Foundation Award
- Sierra Club Recognition
Mr. Mogin has been referred to in the national media and legal journals including American Lawyer, SF Recorder, LA Daily Journal, SD Daily Transcript, Wall Street Journal, NY Times, LA Times, Washington Post, CNN, CBS, NBC, Forbes, Barron’s, Bloomberg, FTC Watch, The O’Reilly Factor and Stein, A License to Steal: The Untold Story of Michael Milken and the Conspiracy to Bilk the Nation (Simon & Schuster 1992).