Daniel N. Nightingale
Bar and Court Admissions
Daniel Nightingale represents clients in high-stakes appeals and commercial litigation nationwide. He primarily helps clients navigate challenging cases on appeal and through major motions practice. Dan has briefed and argued cases in courts across the country, including the U.S. Supreme Court and four federal circuit courts. In fact, one of his amicus briefs was quoted in a 2022 Supreme Court concurrence.
In addition to his appellate practice, Dan also regularly supports trial teams with high level strategy, pre- and post-trial briefing, and complex legal analysis in order to maximize favorable results. He has also delivered opening statements, examined witnesses, and argued critical motions at trial.
Prior to joining WTO, Dan was an associate at a litigation boutique in Houston. He also served judicial clerkships in the Colorado Supreme Court and in the U.S. District Court for the Eastern District of New York.
- Representing a major automobile insurance company and recurring client in defense of favorable summary judgment and class certification rulings on appeal before the Ninth Circuit in a nine-figure, 80,000 member class action challenging client's valuation methodology for total loss vehicles.
- Persuaded the Colorado Court of Appeals to accept discretionary appeal of a district court's order granting class certification in a case concerning Colorado's hospital lien statute. WTO currently represents the hospital on the merits of appeal.
- Representing a major kitchen appliance manufacturer in a products liability class action covering three states and thousands of putative class members.
- Successfully defended the royalty interest owners of an oil well in the appeal of a $150 million class action verdict against the first oil purchaser.
- Representing an oil and gas company as post-trial and appellate counsel to defend a verdict of over $40 million in a complex commercial dispute involving an agreement to develop assets in Latin America.
- Representing a medical device company in post-trial and appellate proceedings in a case presenting questions of first impression under Colorado products liability law.
- Won affirmance of a favorable jury verdict for the general partner of a real estate company in a complex commercial dispute with limited partners.
- Represented a corporate owner of a Texas liquor permit in an appeal challenging the state's attempt to invalidate the permit.
- Won a take-nothing judgment after a full bench trial for an oil company in an employment dispute with an executive.
- Representing a doctor and a law professor in amicus briefs in cases concerning military vaccine mandates for service members before the U.S. Supreme Court and the Fifth, Sixth, and Ninth Circuit Courts of Appeals.
- Won reversal of multiple adverse rulings in the Fifth Circuit for a publisher raising First Amendment challenges to state statutes concerning 3-D printing instructions.
- Represented several minority groups in filing a U.S. Supreme Court amicus brief that was quoted in a concurring opinion in a landmark case that defines the scope of the Second Amendment.
- Represented the corporate agent of a hospital in an appeal seeking dismissal of a lawsuit that challenged the agent's First Amendment rights.
- Representing a victim of police brutality on a pro bono basis in a civil rights case against a sheriff's deputy.
Publications & Speaking Engagements
- "Take a Page From The Onion: A General Counsel's Guide to Effective Amicus Advocacy," Co-Author, Corporate Compliance Insights, (October 19, 2022).
Comment: Autonomous Weapons & the Problem of State Accountability, 15 CHI. J. INT'L. L. 652 (Febuary 2015).
Beck Redden LLP
Legal Memberships, Activities, and Honors
Houston Bar Association
Houston Young Lawyers Association
The Federalist Society
Swing dance, mountain climbing, international travel