Biography

Dana is co-chair of the firm’s Bankruptcy Litigation Practice Group, which focuses on high-stakes litigation that arises from bankruptcy filings. Her practice spans all facets of Chapter 11 and Chapter 7 bankruptcy matters as well as complex commercial and business-related litigation.

Dana has extensive experience litigating in Bankruptcy Courts throughout the country. She represents bankruptcy trustees, creditors, secured lenders, creditors’ committees and debtors in the full range of bankruptcy matters as well as asset sales, avoidance actions, preference actions, plan negotiations, valuation disputes, claims objections and litigation against former directors and officers. Dana is particularly fluent in defending companies and individuals sued by bankruptcy trustees and debtors, including fraudulent transfer, preference and director and officer litigation.

A skilled appellate advocate, Dana is well versed in bankruptcy litigation matters appealed to the U.S. District Courts and Circuit Courts of Appeal.

Dana’s practice also includes a wide range of complex commercial and business-related litigation in state and federal courts, as well as in arbitration forums. She serves clients in a variety of industries, including financial services, software, tech, pharmaceutical, telecommunications, entertainment, fashion, retail, energy and publishing.

At Fox, Dana serves on the steering committee for the firm’s Women’s Initiative and on the LGBTQ & Allies Subcommittee of the firm’s Diversity Committee. She also serves as a pro bono cooperating counsel to the ACLU Foundation of Colorado.

Representative Matters

  • Serve as outside general counsel to several startups and emerging companies in the fashion, apparel, retail, outdoor industry, software and tech industries, among others.
  • Successful defense of large company against fraudulent transfers asserted by bankruptcy trustee valued in excess of $100 million.
  • Representation of class of claimants in bankruptcy claim objection trial and resultant appeal regarding class claim valued at more than $100 million.
  • Successful representation of Chapter 7 trustee in valuation dispute regarding bankruptcy sale of valuable artwork, including as first-chair attorney at trial.
  • Representation of Chapter 7 Trustee in multiple trials securing judgments requiring the turnover of approximately $10 million in property.
  • Novozymes v. Human Genome Sciences and GlaxoSmithKline. Successful defense of claims for breach of contract under pharmaceutical license agreement resulting in $110M of cost savings. (ICDR 2013-2014).
  • Participated in the representation of creditors’ committees in several of the most prominent retail and other Chapter 11 cases across the country, including Alexander Gallo Holdings, Big M (d/b/a Mandee, Annie Sez and Afaze), Ritz Camera & Image, The Sharper Image, United Retail Group (d/b/a Avenue) and Vertis Holdings, among others.
  • Successfully argued for structured dismissal of The Sharper Image Chapter 11 proceedings.
  • Successful representation of Chapter 7 trustee in breach of fiduciary duty, preference and other claims against directors and officers and private equity owner.
  • Representation of a large publishing company in a stock/corporate governance dispute.
  • Representation of Chapter 7 trustee in breach of contract and fraudulent transfer litigation against secured creditor valued at more than $5 million.

Before Fox Rothschild

Dana previously practiced in the New York office of Cooley LLP, an international law firm, where she handled a variety of corporate restructuring and bankruptcy matters, including several representations of creditors’ committees in Chapter 11 reorganizations and liquidations and other bankruptcy litigation matters.

A former summer associate with the firm, Dana was also a legal intern for former Governor Edward Rendell's General Counsel at the Pennsylvania Department of Health. In law school, Dana participated in the Georgetown International Women's Human Rights clinic.

Beyond Fox Rothschild

Dana previously served as Content Editor for the American Bar Association, Young Lawyers Division Bankruptcy Committee.

Client Resources

Dana is among the contributors to the firm's Bankruptcy Litigation Briefing blog, which focuses on trends, developments and analyses of high-stakes litigation that is often triggered by major bankruptcy filings.