Daniel has more than 20 years of experience as a litigation attorney and consultant on legal issues relating to digital information. He has handled complex commercial litigation in a wide range of areas, including breach-of-contract litigation involving multimillion-dollar asset purchase agreements, arbitrations relating to agreements for the production of petrochemicals, class actions related to motor vehicle financing, product liability lawsuits, injunctive actions to enforce covenant-not-to-compete agreements, responses to Federal Trade Commission enforcement actions and trials involving international patent disputes.

Daniel has also represented major energy clients in government investigations and litigation involving power, natural gas and natural gas liquids trading activities, including inquiries from the Department of Justice, Securities and Exchange Commission, Commodity Futures Trading Commission, Federal Energy Regulatory Commission and the Public Utility Commission of Texas. He has worked on state and federal appeals as well as submissions to the Texas Supreme Court and U.S. Supreme Court.

Daniel previously served as vice president and deputy general counsel for Guidance Software, Inc., where he managed a team of attorneys responsible for consulting with commercial and public sector organizations on eDiscovery, data security and records management initiatives. Daniel worked closely with Fortune 500 companies and major government entities to address compliance and discovery challenges relating to the management of digital information.

As part of Shook’s Data and Discovery Strategies Practice, Daniel advises clients on legal issues involving electronic information, including eDiscovery, information governance, data privacy, data security and records management. He has been a senior advisor for the E-Discovery Institute (EDI) and has served as a Council Member for the State Bar of Texas Computer and Technology Section. Daniel lectures and publishes in numerous forums on litigation, eDiscovery, records management, privacy and data security.

Representative Matters

Commercial Litigation. Daniel represents companies in disputes arising from commercial activities. His experience includes:

  • assisting in the successful resolution of a commercial dispute relating to the purchase of a $40-million radio station;
  • representing an asphalt manufacturer and owner in a commercial dispute relating to oil well investments against a well-known Arkansas energy exploration company;
  • defending a major automotive financial institution in a class action alleging violations of the Texas Insurance Code;
  • representing a hospital system in a class action alleging price discrimination;
  • representing a broker-dealer in a securities fraud action relating to a private offering in the airline industry;
  • assisting in an arbitration trial relating to an alleged breach of agreement for the production of polyols by a chemical manufacturer for an international pharmaceutical company;
  • defending banking and finance defendants in a class action alleging discrimination in the charging of vehicle pricing and interest rates;
  • representing a federal credit union in proceedings to enforce a covenant-not-to-compete against a  former employee; and
  • representing a financial services firm in Enron Securities fraud class action litigation.

Intellectual Property. Daniel has represented companies in intellectual property litigation, including claims of trade secrets and patent infringement. His work includes:

  • obtaining an adverse inference instruction in a fracking technologies trade secrets dispute against former employees and a defendant corporation for failure to preserve relevant emails after the commencement of litigation; and
  • representing a South Korean electronics manufacturing company in a series of patent infringement trials in the Eastern District of Texas relating to a DRAM manufacturing cross-licensing dispute.

Product Liability. Daniel represents companies in the automotive and chemical industries in product liability litigation. His work includes:

  • assisting as trial counsel in a product liability action involving a wrongful death claim against a major automobile manufacturer following a vehicle fire;
  • defending a chemical manufacturer in a suit by a dry cleaner company against equipment manufacturers and chemical companies alleging perchloroethylene contamination of properties; and
  • representing a chemical manufacturer in a product liability action relating to the use of DBCP pesticide on banana farms in Costa Rica.  

Government Investigations and Litigation. Daniel has also provided counsel to his clients during government investigations and ensuing litigation. His experience includes:

  • representing a major energy company in a series of investigations and litigation relating to the trading of power, natural gas and natural gas liquids; and
  • representing a website media company in injunctive proceedings by the Federal Trade Commission relating to telemarketing activities.  

Appeals. When necessary, Daniel has helped his clients appeal rulings and file amicus briefs, including:

  • submitting amici curiae briefing to the Texas Supreme Court on behalf of the U.S. Chamber of Commerce, National Association of Mutual Insurance Companies and Texas Association of Business in support of a petition for writ of certiorari challenging a state court order in MDL proceedings mandating discovery production and redaction formats.
  • representing a municipality in a federal appeal against the City of Houston in a voting rights action challenging annexation; and
  • representing an asphalt manufacturer in a federal appeal and petition for writ of certiorari to the U.S. Supreme Court in a commercial dispute relating to the partial assignment of a multi-million dollar promissory note.

Data and Discovery Strategies. In addition to his frequent publications and presentations on the subject, Daniel advises clients on the eDiscovery process in complex cases. His work has included:

  • assisting an international pharmaceutical manufacturer with the review of disaster recovery media to evaluate ongoing legal hold requirements;
  • revising a Master Services Agreement template for a Fortune 500 company relating to the storage of data and the provision of SaaS offerings, as well as advising on provisions for cost-effective and legally-defensible handling of data and potential data privacy and data security vulnerabilities;
  • advising a national health care provider on data-related issues in active federal agency investigations and civil litigation, developing a case-by-case strategy for managing data issues, redeveloping the overall technical infrastructure to meet retention needs, as well as identifying potential avenues for streamlining redundant data storage practices, assessment as to status of pending legal holds and suggestions on potential remediation steps;
  • serving a secondment as interim eDiscovery counsel for an international equipment manufacturer, advising the client legal department leadership on case strategy while working with litigation counsel in response to cross-border discovery demands (e.g., EU, China, and Brazil) and advising the in-house legal department on ongoing initiatives for eDiscovery, records management and compliance;
  • conducting a preliminary process assessment for a global healthcare provider, including analyzing the collection, legal hold, processing, review and production of documents and electronic information from EU locations for U.S.-based matters as well as presenting prioritized considerations for potential process enhancements;
  • assisting an international manufacturer of agricultural, construction and forestry machinery and engines with a preferred vendor selection process for an in-house review solution, advising the client on internal needs assessment, developing benchmarks and service level agreements, navigating insurance coverage and cross-border data issues for information security and leading interdepartmental discussions to educate and enable a consensus decision on optimal solutions deployment, as well as assisting in negotiating a final master services agreement, including legal advice on security protocols for handling confidential client data; and
  • advising on the collection and processing of more than 700 terabytes of data from 800 custodians for a public-sector entity responding to discovery in a federal tort claims action relating to damages from Hurricane Katrina.

Data Security and Privacy. Daniel’s work has also included counseling clients on securing their data from attack, including:

  • advising on data privacy considerations under Canadian law for a pharmaceutical company’s North American email life-cycle project;
  • assisting a U.S. company in updating corporate protocols for data privacy requirements in the context of legal holds for countries in the EU, China, Canada, Mexico and Brazil; and
  • drafting an Interim Incident Response Plan to address potential data breaches for a corporate client.


Spoliation: 50-State Overview, Editorial Board Member and Contributor, Electronic Discovery Institute (October 2015)

EnCase Legal Journal, Editor & Contributor (2007-2013)

Three-part series on cybersecurity, InsideCounsel (April-May 2013) (A Cybersecurity Primer for Legal DepartmentsA Primer on 4 Notorious Recent Cyber-Attacks; A Primer on the Keys to a Complete Cybersecurity Incident Response Plan)

Two-part series on e-discovery, Inside Counsel (December 2012-January 2013) (Directions to an e-Discovery Solution: Keep Collection and Processing On-Premises; Directions to an E-discovery Solution: Leveraging On-premises Software and Private Hosted Platform for Review)

Rolling the Dice on Legal Hold and Self-Collection: Not Worth the Risk; From the Experts, Corporate Counsel (December 2012)

5 Tips for Using the Cloud to Conduct e-Discovery, InsideCounsel (July 2012)

5 Tips for Navigating the e-Discovery Challenges of Cloud Data Storage, InsideCounsel (February 2012)

E-discovery Response Time is an Essential Element in Frank-Dodd Cases, InsideCounsel (December 2011)

Real eDiscovery, Editor & Contributor (2009-2010)

The Seven Best Practices of Highly Effective eDiscovery Practitioners, Guidance Software Whitepaper (2010)

Best Practices for the Public Sector:  eDiscovery Collection, Guidance Software, Inc. Whitepaper (2008)

The Risks and Costs of Employee Self-Collection, Real eDiscovery, Guidance Software, Inc. 

Legal Must Stay Actively Involved In Selecting eDiscovery Solutions, Real eDiscovery, Guidance Software, Inc. 


Big Data Could Make the Detection of 'Pre-Crime' a Reality; Dependence on Sensitive Information means Employee Buy-in is Still a Must, Chris Dimarco, Law Technology News (April 2015)

Evolving Preservation Standards and Technology Solutions That Work, Metropolitan Corporate Counsel (January 2013)

Preparing for Change in Legal Technology, Danielle Feinstein, InsideCounsel (September 2011)

Tracking the Trends in Legal Technology, Danielle Feinstein, InsideCounsel (September 2011)

Texas Lawyer Roundtable Series: E-Discovery, Mike Androvett, Texas Lawyer (November 2009)


“New Discoveries in . . .  Discovery,” University of Texas Law School 38th Corporate Counsel Institute, Houston and Dallas (April/May 2016)

“We're Here: Cybersecurity Requirements for Regulated Entities,” Government Investigations & Civil Litigation Institute, New Orleans (October 2015)

“Managing Litigation Risks in Light of Recent Security Breaches,” Association of Corporate Counsel 2015 Back to School Symposium, Houston (August 2015)

“Protecting Client Data:  Ethical Obligations,” State Bar of Texas Annual Meeting, San Antonio (June 2015)

“Social Media and the Law,” State Bar of Texas Annual Meeting, San Antonio (June 2015)

“Considerations on Purchasing Technology for E-Discovery,” State Bar of Texas Annual Meeting, San Antonio (June 2015)

"Judicial Roundtable on Current E-Discovery Issues," The Computer and Enterprise Investigations Conference, Las Vegas (May 2015)

"E-Discovery Hot Topics: Cloud Connectivity, TAR Challenges, SaaS," The Computer and Enterprise Investigations Conference, Las Vegas (May 2015)

"Pre-Crime is a Reality: Stopping Fraud Before it Happens," Legal Tech New York (February 2015)

"Using Predictive Coding CAR/TAR to Attack the Dark Data Problem," ARMA Panel, Houston (June 2014)

"Evaluating the Compliance Risks of Privacy," ARMA Panel, Houston (June 2014)

"The Challenges of Over-Preservation:  Information Governance to Avoid Risk and Litigation," ARMA Panel, Houston (June 2014)

"Rules, Rules, Rules! It's Not Too Early to Understand the Impact of Proposed Changes to FRCP and EU Data Protection Rules," The Computer and Enterprise Investigations Conference, Las Vegas (May 2014)

"Proportionality and Cooperation in E-Discovery: Mythical Panacea or Realistic Goal?" The Computer and Enterprise Investigations Conference, Las Vegas (May 2014)

"Developments in eDiscovery," 2nd Annual eDiscovery and Records Management Forum, ASCo, Seoul, South Korea (April 2014)

"Cyber Liability:  Developing a Data Breach Response Plan and Risk Mitigation Strategy," 2nd Annual eDiscovery and Records Management Forum, ASCo, Seoul, Korea (April 2014)

"The Rise of the Machines?  How Computers Can Amplify Human Intelligence, Not Replace It," LegalTech New York (February 2014)

"Best Practices for Legal Holds," Guidance Software Federal Summit eDiscovery Panel (2013)

"Data Privacy:  Processing and Cross-Border Transfers of Information," Association of Corporate Counsel Annual Meeting (October 2013)

"Information Governance Convergence: How Security, Privacy, Records Management, and Big Data Come Together," Digital Government Institute (April 2013)

"Top 5 E-Discovery Recommendations for 2013," Guidance Software (2013)

"E-Discovery Case Law: Tips on Avoiding These Real Life Discovery Disasters," The Computer and Enterprise Investigations Conference, Orlando, Fla (May 2013)

"Judicial Perspectives on Current Case Law That Influences E-Discovery," The Computer and Enterprise Investigations Conference, Orlando, Fla (May 2013)

"Legal Ramifications of BYOD," The Computer and Enterprise Investigations Conference, Orlando, Fla (May 2013)

"E-Discovery Done Right," Guidance Software Federal Summit eDiscovery Panel (March 2013)

"Unique Legal Issues with Enterprise Technology Deployment," Electronic Discovery Institute Leadership Summit (October 2012)

"Response Required; Legal Holds for the Small and Large Enterprise," Association of Corporate Counsel, Orlando, FL (September 2012)

"Collections Best Practices," Virtual Legal Tech (June 2012)

"E-Discovery in the Cloud," Guidance Software Federal Summit (February 2012)

"eDiscovery Readiness:  Understanding What is Expected of Your Agency in an eDiscovery Hearing/Trial," eDiscovery Readiness for Government (November 2011)

"Data Mapping to Define Policies and Manage Risk," Guidance Software (November 2011)

"Early Case Assessment:  Helpful Insights for In-House Counsel," Guidance Software (November 2011)

"To Litigate or Not to Litigate: Early Case Assessment Trends," Consero Corporate Litigation Forum (November 2011)

"ESI Preservation and Production for Government Responses To Federal and State Public Information Requests," Guidance Software (September 2011)

"Emerging Technologies Spotlight:  Predictive Coding & Remote Collection," International Legal Technology Association Conference (August 2011)

“In-Sourcing Your E-Discovery,” Guidance Software (July 2011)

"New Technologies and New Problems for E-Discovery," The Computer and Enterprise Investigations Conference, Las Vegas (May 2011)

"General Counsel E-Discovery Roundtable," KMPG Presentation (November 2011)

"Legal Implications of Forensic Investigations and Recent Court Decisions," American Petroleum Institute Conference (November 2010)

"E-Discovery Collection and Preservation," Maryland Law School Presentation (November 2010)

"Desperate People/Desperate Measures—Protecting Your Company From Fraud," Association of Corporate Counsel Annual Meeting (October 2010)

"Convergence of Records Management and E-Discovery Readiness." IQPC Conference, Houston (October 2010)

"Initiating & Managing Legal Holds," Organization of Legal Professionals (August 2010)

"Why to Implement E-Discovery for More Than Compliance," Digital Government Institute (August 2010)

"eDiscovery Readiness for Government," IQPC Government eDiscovery Conference (June 2010)

"E-Discovery Case Law Update," The Computer and Enterprise Investigations Conference (CEIC), Las Vegas (May 2010)

"Federal E-Discovery: More Than Just Compliance," Digital Government Institute (May 2010)

"Early Case Assessment:  How to Select and Prepare the FRCP 30(b)(6) Witness in eDiscovery," IQPC E-Discovery for Oil & Gas Conference (December 2009)

"The Concise Guide to E-Discovery for 2009 and Beyond," Osterman Research (December 2009)

"Sanctions and Ethical Obligations in E-Discovery," Association of Corporate Counsel, Denver (December 2009)

"Managing E-Discovery for Government:  Integrating Teams and Technology," Digital Government Institute (November 2009)

"Streamline eDiscovery & Minimize Risk With Better Communications," IQPC eDiscovery for Oil & Gas Conference (October 2009)

"Developing an Effective Collection Strategy and Ensuring Authentication of Your ESI," The Computer and Enterprise Investigations Conference, Las Vegas (May 2009)

"Strategic Considerations for an In-House eDiscovery Process," Women In E-Discovery (March 2009)

"Government E-Discovery Challenges," Immix Webinar (December 2008)

"Keeping Up With E-Discovery," National Business Institute (November 2008)

"Strategic Considerations for an In-House eDiscovery Process," High Technology Crime Investigation Association (November 2008)

"Obtaining Electronic Data," National Business Institute (August 2008)

"Electronic Evidence and Discovery," Texas Bar Advanced Personal Injury CLE (August 2008)

"E-Discovery – Now What?," Information Systems Security Association (July 2008)

"E-Discovery Update," Association of Corporate Counsel, Houston (March 2008)

"E-Discovery: Searching the Virtual File Cabinets," National Business Institute, New Orleans (2008)

"Forensic Analysis Under the New Rules," National Business Institute (December 2007)

"Best Practices in E-Discovery," Association of Corporate Counsel, Dallas (March 2007)

"E-Discovery: Applying the New FRCP Changes," National Business Institute, New Orleans (December 2007)

"E-Discovery: Applying the New FRCP Changes," National Business Institute, North Charleston (2007)

"E-Discovery in State Court," Houston Bar Association (April 2007)

"ESI Preservation, Collection, Review, and Production under the Federal Rules of Civil Procedure," Columbia Law School (March 2007)

"Best Practices in eDiscovery,"  Association of Corporate Counsel, Dallas (March 2007)

"Conducting Forensic Analysis Under The New Rules," National Business Institute, New Orleans (December 2006)

"E-Discovery: Applying the New FRCP Changes," National Business Institute, Greenville, SC (2006)