
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” 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.
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
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
Best Lawyers – Best Lawyer 2021
The Daily Journal’s Top Antitrust Lawyers 2020
Lawdragon 500 Leading Plaintiff Financial Lawyer Guide
Jury Verdict Reporter: Trial Lawyer Excellence – 2018
International Advisory Experts Award: Complex Business Litigation in California – 2018
Best Lawyers in America – Antitrust Litigation
Super Lawyers -Antitrust Litigation (2009, 2012-2020)
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).