Daniel P. "Dan" Kappes is a San Francisco litigation attorney who focuses in the areas of commercial liability, healthcare litigation and intellectual property litigation.
Mr. Kappes has extensive experience representing large healthcare organizations and individual hospital systems. He is an experienced advocate and has litigated pricing disputes, rate cases, privacy breaches, government investigations and other complex healthcare disputes.
Mr. Kappes also represents clients in copyright, trademark and trade secret disputes as well as various related contractual matters and state law claims. He has represented and counseled clients in a variety of industries regarding their intellectual property rights, including aviation, apparel, technology and music.
In addition, Mr. Kappes is well versed in the field of electronic discovery, including organizing, collecting, mining and producing electronic data. He also advises clients on document retention and litigation hold policies, as well as best practices regarding the preservation and spoliation of evidence and managing large document review teams in complex commercial litigation. As part of his practice, Mr. Kappes has successfully dismissed cases for the opposing parties' spoliation of evidence and frequently counsels clients on best practices related to document production formatting, data culling, analytical document review and predictive coding.
Mr. Kappes has also made public service and charitable work an important part of his practice. He is a member of the San Francisco office's Diversity Committee, mentoring team and Auction for a Cause. In the community, Mr. Kappes is a parent-volunteer at Piedmont Unified School District, the Alameda County Community Food Bank and the Homeless Advocacy Project. In his free time, he enjoys cycling and fly-fishing.
Mr. Kappes' representative matters include:
Trademark Litigation: represented one of the largest online trademark filing services in the country against state and federal claims
Healthcare Provider Litigation: represented a large Northern California healthcare provider in an antitrust, trade secrets and pricing dispute case, which went to the California Appellate Court
Intellectual Property Litigation: represented a clothing designer against misappropriation of name, image and likeness claims brought by a well-known celebrity
Copyright Litigation: represented the nation's largest publisher of continuing education materials for healthcare professionals in a copyright and trade secrets dispute
Contract Rights: represented an advertising agency against breach of contract claims involving the development of an application to run on mobile devices
Business Litigation: defended multiple parties in a post-judgment action by a judgment creditor to add new parties to an existing judgment exceeding $50 million
Contract Dispute: represented a resort developer and owner in a state court action against a resort operator arising from under indemnity provisions of the property management agreement
Insurance Litigation: represented an insurance broker in a successful motion to dismiss tort and contract causes of action brought by a large private equity firm
Government Investigation: represented a pharmaceutical company against a False Claims Act investigation brought by a state attorney general
Healthcare Litigation: represented an information technology firm against multiple claims in a multiparty action concerning the development of a state healthcare exchange
Tort Claims: led the investigation and defense of a company in a multiparty case that included the use of extensive electronic discovery tools to prove that the plaintiff forged and falsified records
Government Contracting: represented an international company in an action against the U.S. government regarding the termination of a government contract
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