LeCours, Daniel R.

Dan is an experienced litigator who handles a wide range of commercial litigation matters, arbitrations and appeals, including class actions, antitrust, breach of contract, fraud, real property litigation, election law litigation, business disputes and business torts, and professional malpractice. Dan has experience managing complex and high-stakes litigation in both state and federal courts, including matters with substantial e-discovery issues. Dan also has substantial trial experience, including as co-lead counsel in a jury trial before the U.S. District Court for the Northern District of New York. Previously, Dan was an associate at a large national firm where he worked on high profile commercial litigation matters representing a multitude of industries in state and federal courts.

Representative Matters

Obtained grant of summary judgment with regard to constitutional claims brought by multiple political parties challenging party qualification changes to New York Election Law, which were affirmed on appeal by the Second Circuit.
Secured dismissal of Title IX action brought by the Office of the Attorney General against a school district based upon lack of parens patriae standing.
Secured dismissal of Section 1983 claims asserted by parents against six school district superintendents related to COVID-19 mask mandates.
Obtained jury verdict for plaintiff and secured dismissal of all counterclaims in trial involving claims related to a rural real property dispute.
Obtained order denying motion for preliminary injunction and declaration upholding constitutionality of newly-enacted provisions of New York Executive Law establishing Commission on Ethics and Lobbying in Government.
Obtained reversal on emergency appeal to Appellate Division, Second Department from trial court ruling that candidate for county legislature was prohibited from running for office based upon county term-limit legislation.
Secured dismissal of all claims against telecommunications contractor by former subcontractor in Afghanistan arising out of alleged tortious interference with subcontractor’s employees.
Obtained writ of prohibition against county court judge from Appellate Division, Third Department to prevent wrongful assertion of geographical jurisdiction in criminal case.
Secured nation-leading settlement for energy supply company in class action lawsuit involving several hundred thousand putative class members asserting claims of deceptive trade practices and breach of contract relative to marketing and pricing of energy supply.
Secured emergency temporary restraining order and preliminary injunction on behalf of school district compelling school bus company to comply with student transportation contract.
Secured dismissal of claims brought by Village against apartment complex owner claiming that improper tax exemptions were granted to property owner.
Obtained summary judgment on behalf of property owners facing claims based upon decades-old royalty agreement related to mining on the property.
Secured dismissal of third-party claims against siding manufacturer in New Jersey Superior Court based upon previous class action settlement.
Secured dismissal of fraud and quasi-contract claims against contractor arising from intra-family sale of landfill.
Obtained a favorable jury verdict for a mortgage servicer in federal class action lawsuit involving claims of improper fee sharing.
Represented a securities trustee in action against a multi-national pharmaceutical company concerning investors’ rights in a publicly-traded security.
Successfully resolved an antitrust class action for an international investment bank concerning alleged anticompetitive behavior in the market for credit default swaps.
Obtained multiple favorable rulings in highly-litigated bankruptcy proceedings for a national homebuilder defending actions brought by numerous homeowners associations.
Represented one of the world’s largest rating agencies in litigation by private litigants and government entities in numerous federal and state courts concerning structured finance securities, including residential mortgage-backed securities and collateralized debt obligations.
Handled investigations for multi-national companies in connection with subpoenas served by the Securities and Exchange Commission and Department of Justice concerning alleged violations of the Foreign Corrupt Practices Act.

Select Reported Decisions:

SAM Party v. Kosinski, 483 F. Supp. 3d 245, 265 (S.D.N.Y. 2020), aff’d 987 F.3d 267, 271 (2d Cir. 2021).
Libertarian Party of N.Y. v. N.Y. Bd. of Elections, 539 F. Supp. 3d 310 (S.D.N.Y. May 13, 2021), aff’d 2022 U.S. App. LEXIS 29004, at *1 (2d Cir. Oct. 19, 2022).
People v. Niagara-Wheatfield Cent. Sch. Dist., 2022 U.S. Dist. LEXIS 64157, at *1 (W.D.N.Y. Apr. 6, 2022).
Mongielo v. Hochul, 2023 U.S. Dist. LEXIS 34088, at *2 (W.D.N.Y. Mar. 1, 2023).
Lavine v. State of New York, 2023 WL 2003630 (Onondaga Sup. Ct. 2023).
Matter of Doyle v. Browning, 194 A.D.3d 775 (2d Dept. 2021).
Rana Techs. Enters. v. L3Harris Techs. Inc., 2021 U.S. Dist. LEXIS 7703, at *2 (W.D.N.Y. Jan. 14, 2021).
Matter of Gentner v. Hall, 193 A.D.3d 1129 (3d Dept. 2021).
In re Orleans Homebuilders, 2016 WL 6882831 (Bankr. D. Del. Nov. 21, 2016) and In re Orleans Homebuilders, 2017 WL 665953 (Bankr. D. Del. Feb. 17, 2017).
Varga v. McGraw Hill Financial, Inc., 147 A.D.3d 480 (1st Dep’t 2017).
IBEW Local 90 Pension Fund v. Deutsche Bank AG, 2013 WL 1223844 (S.D.N.Y. March 27, 2013).

Professional and Civic

New York Supreme Court Appellate Division, Third Judicial Department, member of the Committee on Character and Fitness
Albany County Bar Association
Saratoga County Bar Association

Recognition

Above & Beyond Award, Sanctuary for Families, 2015, 2019
Super Lawyers, Rising Star, 2021

Legal Practices

Member of:

Political Law

Appellate

Business and Commercial Litigation

E-Discovery (e-info℠)

Government Compliance and Investigations

Industry Teams

Member of:

Blockchain and Digital Assets

Financial Institutions and Capital Markets

Admissions

New Jersey

New York

U.S. Court of Appeals, Second Circuit

U.S. District Court, District of Columbia

U.S. District Court, New York - Eastern District

U.S. District Court, New York - Northern District

U.S. District Court, New York - Southern District

U.S. District Court, New York - Western District

Rutgers University School of Law

2011

magna cum laude

Boston College

2006

April 28, 2022

U.S. Supreme Court Rules that Emotional Distress Damages Are Not Recoverable in a Private Action under the Rehabilitation Act of 1973 or the Affordable Care Act

Today, in Cummings v. Premier Rehab Keller, P.L.L.C., 596 U.S. __ (2022), in a 6-3 decision, the U.S. Supreme Court held that emotional dist

July 13, 2021

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Daniel R. LeCours

Member

Representative Matters

Professional and Civic

Recognition

Legal Practices

Member of:

Industry Teams

Member of:

Admissions

Rutgers University School of Law

Boston College

Location

U.S. Supreme Court Rules that Emotional Distress Damages Are Not Recoverable in a Private Action under the Rehabilitation Act of 1973 or the Affordable Care Act

TransUnion LLC v. Ramirez: “Concrete Harm” Requirement Clarified in Consumer Class Actions

Paycheck Protection Program Lenders Face Lawsuits Over Lending Practices

Coronavirus and Contractual Obligations: Force Majeure, Impossibility, Impracticability, Frustration of Purpose and More

Telemarketing Legislation, Litigation Remain Hot-Button Issues for Legislature and Courts

Bloomberg Law News Spotlights Harris Beach Appeals Win

Harris Beach Attorneys Persuade U.S. Supreme Court on New York Election Reforms

72 Attorneys from Harris Beach Recognized in 2021 Edition of Super Lawyers

Daniel LeCours and Elliot Hallak Presenting on Litigation involving Force Majeure

Daniel R. LeCours

■ Areas of Expertise

Legal Practices

Industry Teams

■ Profile

■ Representative Matters

■ Professional and Civic

■ Admissions

■ Education

Offices throughout New York:

Daniel R. LeCours

Member

Rutgers University School of Law

Boston College

Daniel R. LeCours

■ Areas of Expertise

Legal Practices

Industry Teams

■ Profile

■ Representative Matters

■ Professional and Civic

■ Admissions

■ Education

Offices throughout New York:

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