Danny Tobey

Danny Tobey Senior Associate, Commercial & Business Litigation

Danny is a trial and appellate lawyer who has argued successfully before the Fifth Circuit Court of Appeals, the Delaware Supreme Court, and trial courts across Texas. Danny’s clients include energy, health care, media, private equity, software, environmental, and airline companies, as well as several major religious denominations and prominent law firms.

He has used his experience as a medical doctor to represent hospitals and pharmaceutical companies in matters ranging from patent disputes to tort claims.

Danny serves on the firm’s global Pro Bono committee and has represented numerous pro bono clients, including nonprofit institutions and individuals.

Experience Highlights

  • (5th Cir.) — Successfully argued before the Fifth Circuit Court of Appeals, winning unanimous reversal and remand on complex tax issue of first impression involving research and development tax credits; authored winning brief on remand (first-chair appellate counsel)
  • (5th Cir.) — Successfully argued before the Fifth Circuit Court of Appeals, winning affirmance of dismissal of all claims against client in trade-secrets case for forum non conveniens; opinion issued two weeks after oral argument (first-chair appellate counsel)
  • (Del.) — Successfully argued before the en banc Delaware Supreme Court, winning affirmance of a nearly $1 million fee award for a private-equity client against bad-faith litigants; affirmed one day after oral argument, by the Chief Justice writing for the full Court (first-chair appellate counsel)
  • (Tex. Dist. – Dallas Cnty.) — Successfully defended a historic religious denomination sued by a breakaway faction in a church property case in Texas state court; obtained a multi-million dollar (net) settlement payment from the breakaway plaintiffs to client and dismissal of all plaintiffs’ claims (first-chair litigation counsel)
  • (E.D. Tex.) — Helped obtain complete victory for a pharmaceutical client in the first Hatch-Waxman case in the Eastern District of Texas; used medical background to prepare non-obviousness case; federal court validated all three of the client’s patents and enjoined competitors from violating them; result affirmed by the Federal Circuit Court of Appeals (lead associate on non-obviousness case)
  • (Tex. Dist. – Dallas Cnty.) — Successfully defended a major bank against a lawsuit by a $19 billion alternative credit manager; handled winning first-chair argument against plaintiff’s summary judgment motion, preserving client’s counterclaims for $37.5 million; led an associate team in drafting winning defense motions for summary judgment, resulting in dismissal of $7 million of plaintiff’s $11 million in claims; case settled favorably after summary judgment (lead associate)

Appeals

  • (5th Cir.) — Successfully briefed opposition papers before the Fifth Circuit Court of Appeals, winning affirmance in major part of plaintiff investment firm’s summary judgment win on claims of fraudulent transfer and piercing the corporate veil (monetary damages) (lead associate)
  • (Tex. App. – Dallas) — Handled a successful appeal before the Dallas Court of Appeals for a prominent television station in an invasion-of-privacy case; obtained affirmance of dismissal of case against client (first-chair appellate counsel)
  • (Tex. App. – Texarkana) — Secured mandamus relief for an environmental-services client at the Texarkana Court of Appeals, preventing the release of trade secrets to a direct competitor in antitrust litigation (lead associate)

Litigation

  • (Tex. Dist. – Dallas Cnty.) — Obtained dismissal of all claims of fraud and breach of contract against a private-equity client in a restaurant-industry matter in state court; handled successful first-chair argument for dismissal on motion for rehearing (lead associate)
  • (Probate Court - Dallas Cnty.) — Counsel for the SPCA of Texas defending against a complex probate matter; settled at mediation (first-chair litigation counsel)
  • (Tex. Dist. – Dallas Cnty.) — Assisted in six-week jury trial in state court defending against a $22 million fraud claim; successfully argued opposition to summary judgment preserving the client’s suit for aiding-and-abetting breach of fiduciary duty; examined trial witnesses, argued directed verdict, and delivered a portion of the closing argument (second-chair litigation cousel)
  • (Tex. Dist. – Dallas Cnty.) — Handled successful summary judgment proceedings for a preeminent law-firm client, obtaining dismissal of all claims in breach-of-contract suit (first-chair litigation counsel)

Insights

Contact Details

Dallas

T +1.214.220.7848
F +1.214.999.7848
dtobey@velaw.com
Trammell Crow Center
2001 Ross Avenue
Suite 3700
Dallas, TX 75201-2975
Local time: 9:46 AM
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Danny's Practices

  • Yale Law School, J.D., 2003 (Benjamin Scharps Prize for “the best paper by a third-year student”; Margaret Gruter Prize for the best paper on biological sciences and the law)
  • Harvard College, A.B., Social Studies magna cum laude with Highest Honors in Social Studies, 1999 (Philo Sherman Bennett Award for “the best essay discussing the principles of free government”; John Harvard Scholarship for “academic achievement of the highest distinction”; Phi Beta Kappa)
  • The University of Texas Southwestern Medical School, M.D., 2008 (Southwestern Foundation Scholarship for “outstanding scholastic achievements”; four-year Alumni Scholar)
  • Admitted to practice: Texas, 2005
    • Legal intern to Chief of Criminal Appeals, United States Attorney’s Office for the Southern District of New York, 2001
    • Danny brings a wealth of diverse experiences from multiple industries to his legal practice. An accomplished writer, Danny is a former Literature Editor of the Harvard  Lampoon, a published novelist, and former copywriter at a Madison Avenue advertising agency. Danny has run a successful software company and received a medical degree from the University of Texas Southwestern Medical Center, where his original research was presented at the 18th Annual Meeting of the American Society of Pediatric Hematology/Oncology and the Annual Pediatric Academic Societies Meeting. For these reasons, Danny enjoys representing media clients in First Amendment issues, software and technology companies, and life sciences and medical clients.
      • Named a Fellow of the Texas Bar Foundation
      • Selected to the Texas Rising Stars list, Super Lawyers (Thomson Reuters), 2012–2015
      • Cardozo Society, “Outstanding Attorney Under 40” 2012–2015
      • Vinson & Elkins Pro Bono Award for Litigation (co-recipient), 2012 and 2013
      • Member: Parkland Foundation Campaign Steering Committee (2013–present)
      • Member: Museum Board, Perot Museum of Nature and Science (2013–present); Legal Advisory Committee (2013–present); Advisory Board (2012–2013)
      • Member: Judiciary Committee, Dallas Bar Association (2012–present); Vice-Chair (2015); Admissions and Membership Committee (2013–present) 
      • Member: Harvard Schools Committee, Harvard Club of Dallas (Interviewer, 2003–present)
      • Member: Business Council for the Arts, Leadership Arts Institute (Leadership Class of 2011–2012)
      • Member: Board of Scientific, Medical, and Business Advisors, North Texas Enterprise Center (nonprofit business accelerator for emerging medical and technology companies) (2008–present)
      • Member: Dallas Bar Association (Appellate Law and Business Litigation Sections)