Practices

Daniel Bukovac

Partner

DIRECT CONTACT
816.691.3250
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KANSAS CITY OFFICE
1201 Walnut, Suite 2900
Kansas City, MO 64106

Dan has represented individuals and businesses, both as plaintiffs and defendants, in administrative proceedings, arbitrations and lawsuits. Much of his practice has been devoted to complex multiparty lawsuits, including class actions and "multidistrict" federal litigation where related lawsuits brought in different federal districts are coordinated before a single judge for pretrial proceedings. His diverse experience includes product liability litigation involving genetically modified corn and welding products, securities litigation involving derivatives and ethanol plants and antitrust litigation involving brand name prescription drugs and petroleum products. Early in his career, Dan was associated with a New York law firm, working on energy and antitrust litigation in the firm's New York and Washington offices.

Representative Experience

Dan has defended clients in a variety of complex litigation matters involving a combination of class actions, multidistrict federal court litigation, state court actions, state attorneys general investigations and state and federal criminal prosecutions, including the following:

Product Liability Litigation

Representing a welding products manufacturer in mass tort lawsuits filed by approximately 3000 welders in over 1100 lawsuits currently pending in state courts in 8 states and in multidistrict proceedings in federal court in Cleveland, Ohio. The lawsuits raise complex scientific issues in such fields as neurology, toxicology and epidemiology and include failure-to-warn claims as well as novel "conspiracy," "negligent undertaking" and "aiding and abetting" allegations. Dan is also court-appointed lead/liaison counsel in the federal multidistrict proceedings for a group of "small manufacturers" (that includes the firm’s client). In re Welding Fume Products Liability Litigation, MDL No. 1535. (current representation)
Represented a seed company in multidistrict federal court litigation and related state attorney general and EPA investigations related to genetically modified corn that was not approved for human consumption but was found in food products. Litigation included personal injury claims by individuals as well as claims by growers, grain elevators and grain handlers. In re StarLink Corn Products Liability Litigation, MDL No. 1403.

Securities Litigation

Represented a major brokerage firm and individual brokers in a FINRA (formerly NASD) arbitration and three related state and federal court lawsuits alleging $40 million of damages from the sale and pricing of derivatives and financing transactions. (trial in 2002; appeals exhausted in 2005).
Represented managing agent of branch office in six lawsuits alleging failure to supervise broker.
Represented accounting firm in federal court class actions, multi-district federal court litigation and related state court actions by limited partnership investors and shareholders involving claims alleging fraudulent projections of revenues from ethanol plant ventures. This matter also involved an SEC administrative proceeding and federal and state criminal prosecutions, including a guilty plea by a partner in the accounting firm. In re Ethanol Plants Securities Litigation, MDL No. 679.
Represented a mutual fund shareholder in a class action alleging fraudulent pre-merger disclosures related to the acquisition of a pharmaceutical company.

Antitrust Litigation

Represented a pharmaceutical company in multidistrict federal court litigation and related state court class actions involving antitrust claims by retail pharmacies against manufacturers of brand name prescription drugs. Litigation included federal court class actions, federal "opt-out" actions, state court class actions and an FTC investigation. In re Brand Name Prescription Drugs Antitrust Litigation, MDL No. 997. ("Opt-out" actions in E.D.N.Y., Judge Glasser, settled in 2004).
Represented a major oil company in multidistrict federal court litigation involving claims by city and state governments against oil companies alleging price fixing of crude oil and gasoline prices. The representation also included an FTC investigation. In re Petroleum Products Antitrust Litigation, MDL No. 150.

Environmental Litigation

Represented owners, operators and generators in multiparty lawsuits involving claims for recovery of cleanup costs under state and federal environmental laws. In most instances, state or federal administrative proceedings were also pending.

OSHA Litigation

Represented a major seed company in a test case of OSHA regulations governing field workers in an OSHA administrative proceeding and subsequent appeal in federal court. Advanta USA, Inc. v. Chao, 350 F.3d 726 (8th Cir., Dec. 1, 2003).

Education

New York University, J.D., 1977
Research Editor, N.Y.U Journal of International Law & Politics

Georgetown University, A.B., magna cum laude, 1974
Phi Beta Kappa

Of Note

Dan has extensive experience in litigation under state and federal securities laws. He has represented parties in individual lawsuits and class actions involving claims against broker-dealers, individual brokers, shareholders, issuers, underwriters, directors, officers and accountants. Dan has also represented broker-dealers, brokers, witnesses, corporate directors and other parties in SEC, FINRA (formerly NASD and NYSE) and FDIC investigations and arbitrations. He has obtained court orders directing FINRA to expunge information about brokers from the CRD system at the conclusion of litigation.

Community Involvement

Heart of America Shakespeare Festival, Board of Directors (1992 - present)
- Past President (1998-2004)
Greater Kansas City Chamber of Commerce, Environment Committee, Work Group on Environmental Audits
Dan’s previous community involvement included training non-lawyers to represent abused and neglected children for the Court Appointed Special Advocate (CASA) program of Jackson County.

Bar Admissions

New York, 1978
District of Columbia, 1980
Missouri, 1983
United States District Court for the District of Kansas
United States District Court for the Western District of Missouri
United States District Court for the Southern District of New York

Professional Affiliations

American Bar Association, Litigation Section
The Missouri Bar
Kansas City Metropolitan Bar Association, Environmental Law Committee (former Vice-Chair)