Daniel W. Van Horn

Practice Group Co-Leader

Commercial Litigation Group

Pharmaceutical Medical Device and Healthcare Industry Team

Memphis Office
Tel: (901) 680-7331
Email: danny.vanhorn@butlersnow.com

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Areas of Emphasis

Business Torts
Unfair Competition
Insurance Coverage Disputes
Complex Commercial Litigation
Product Liability

Distinctions

The Best Lawyers in America®, Commercial Litigation
AV-rated, Martindale-Hubbell
Mid-South Super Lawyers®, Business Litigation
Pro Bono Service Award, Memphis Area Legal Services, 2006
Star of the Year Award, American Bar Association, Young Lawyers Division, 2005, 2007
Top 40 Under 40, Memphis Business Journal, 2003
President's Award, Tennessee Bar Association, Young Lawyers Division, 2002
Board of Advisors, Memphis Regional Chamber of Commerce

Education & Honors

Vanderbilt University, J.D., 1997
Moot Court Board

University of Tennessee, B.S., Business Administration, summa cum laude, 1994

Associations

American Bar Association
- Managing Director, Litigation Section
- Assembly Speaker, Young Lawyers Division, 2005-07
- House of Delegates, 2007-11
- Standing Committee on Membership, 2007-11
Tennessee Bar Association
- President, 2011
- Board of Governors
  - CLE and Membership Committees
Mississippi Bar Association
Memphis Bar Association
- Access to Justice Committee
American Bar Foundation
- Fellow
Memphis Bar Foundation
- Fellow
Tennessee Bar Foundation
- Fellow

Bar Admissions

Arkansas, 2007
Mississippi, 2006
Tennessee, 1997
U.S. District Courts
- Tennessee: Eastern, Middle and Western Districts
- Mississippi: Northern and Southern Districts
- Arkansas: Eastern and Western Districts
U.S. Court of Appeals
- 5th Circuit
- 6th Circuit
- 8th Circuit

Legal Experience

Won defense verdict in Chattanooga, TN construction arbitration. Nixon v B & W and Rogers Manufacturing Corp., AAA Arbitration.
Won commercial plaintiff's jury verdict in unfair business practices case in Arkansas. Curtis Lumber Company, Inc. v Louisiana Pacific Corporation, Civil Action No. 2:08-cv-1007 (E.D. Ark.)
Won favorable award in a breach of contract arbitration in San Antonio, TX. HR Acquisition of San Antonio v Behavioral Health Systems, private arbitration.
Won defense verdict in breach of contract case in Memphis, TN. Mechanics Laundry v McKesson, Civil Action No. 08-2256.
Won summary judgment for a lessee in a commerical finance lease case. Gaia Leasing v Wendelta, Civil Action No. 09-1067 (D. Minn.)
Experienced in commercial disputes including those involving breach of contract and usurpation of corporate opportunities including representation of a national professional management company with arbitration disputes in Ohio, Washington, D.C., Georgia, Florida and Puerto Rico.
Experienced litigating franchise and distribution disputes including representation of a distributor of cottonseed in an international arbitration concerning distribution of cottonseed in Greece, Bulgaria, Turkey and Spain.
Experienced with insurance coverage disputes including representation of insurace companies in officers and directors liability disputes.
Experienced in product liability cases for a wide variety of local and national manufacturers of products including automobiles, consumer electronics, medical implants and machinery including allegations of fire loss.
Experienced in disputes concerning ownership or control of closely held businesses.
Experienced in cases involving unfair competition including trade secrets, trademarks, breaches of the duty of loyalty, tortious interference and unfair or deceptive acts of practices.

Papers, Presentations & Publications

Author, “Picking Judges: Existing System Has Served Tennesseans Well,” Chattanoogan, Sunday, February 19, 2012.
Author, "Business Gets a Big Boost in the 2011 Legislative Session," Memphis Business Journal, 2011.
Co-Author, "Recession Triggers Increased Risk of Employee Trade Secret Theft," Pointe Innovation, 2011.
Author, "Theoretical Reverse Engineering," ABA Section of Litigation Business Torts Journal, Spring 2008.
Co-Author, "Tennessee Law Protects both Consumers, Businesses from Unfair Practices," Memphis Business Journal, June 13, 2008.
Author, "It Adds Up: Class Action Residual Funds Support Pro Bono Efforts," Tennessee Bar Journal, March 2009.
Author, "Preserving Electronic Evidence: How Closely Should a Tennessee Court Follow Zubulake?" Tennessee Bar Journal, April 2005.
Author, "The Constitutional Limts of Punitive Damages: The U.S. Supreme Court's Punitive Damages Jurisprudence and its Impact on Hodges v S.C. Toof & Company," Tennessee Bar Journal, December 2003.
Author, "The E-Sign Act: A Move in the Right Direction and a Boost for E-Commerce," Tenessee Bar Journal, February 2001.
Presenter, "Business Torts 101: Covenants Not-to-Compete," Tennessee Bar Association, 2007-09.
Presenter, "Business Torts 101: Trade Secrets," Tennessee Bar Assocation, 2008-09.
Presenter, "Business Torts 101: The Duty of Loyalty," Tennessee Bar Association, 2008.
Presenter, "Effective Writing for Attorneys," Tennessee Bar Association, 2009-10.
Presenter, "Business Torts 101: Tortious Interference," Tennessee Bar Association, 2008-10.
Author,“Picking Judges: Existing System Has Served Tennesseans Well” Chattanoogan, Sunday, February 19, 2012.