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Danny S. Ashby

Partner
Dallas
+1.214.939.5745
Fax +1.214.939.5849

Primary Practice

Secondary Practices

Education

  • J.D., Baylor University School of Law, 1990, (highest honors, Editor in Chief, Baylor Law Review, Baylor Law Review Ex-Editors Award, Fulbright & Jaworski Editorial Scholarship)
  • B.A., University of South Carolina, 1986, (magna cum laude)

Admissions

  • Bar of Texas
  • Supreme Court of the United States
  • United States Court of Appeals for the Federal Circuit
  • United States Court of Appeals for the Fifth Circuit
  • Biography Overview
  • Additional Background
  • Representative Work

Mr. Ashby represents clients in federal white-collar crime and securities litigation, and corporate internal investigations.  He has represented numerous public and closely-held companies, religious organizations, and trade associations in federal courts around the nation. His criminal experience spans from pre-indictment counseling and grand jury practice to full-fledged jury trials of lengthy and complex criminal cases.  Mr. Ashby routinely represents corporations and individuals in parallel civil/criminal investigations and proceedings.

Federal appellate work is also a substantial and important part of Mr. Ashby’s litigation practice.  Mr. Ashby has handled both civil and criminal appeals throughout the country.  Subjects of the appeals have included federal securities fraud, intellectual property, federal taxation, and a range of issues involving the First, Fourth, Fifth, and Sixth Amendments.

Areas of Emphasis

  • Federal white collar crime
  • Corporate internal investigations
  • Federal appeals
  • Complex commercial litigation

Professional Background

Prior to joining K&L Gates, Mr. Ashby served under Attorney General William Barr as a trial attorney in the criminal division of the U.S. Department of Justice.  Before that, he served as a law clerk to the Honorable Edith H. Jones on the United States Court of Appeals for the Fifth Circuit.  Mr. Ashby has tried more than 25 cases and has argued more than a dozen cases in federal appeals courts across the country.

Achievements

  • Named a Texas Super Lawyer by Texas Monthly (2006-2011)
  • Best Lawyers in Dallas, D Magazine ( 2006-2011).

Professional/Civic Activities

  • American Bar Association
  • State Bar of Texas
  • Dallas Bar Association
  • Fifth Circuit Bar Association
  • Dallas Bar Foundation

Speaking Engagements

  • Numerous CLE speeches on federal white collar crime, securities fraud and federal appellate procedure
  • Guest lecturer at Baylor University School of Law on federal criminal practice and procedure
White Collar
  • Defense of a large corporate conglomerate in a federal criminal tax matter involving the alleged failure to report and pay income taxes on more than $60 million in revenues
  • Defense of a senior Enron executive in connection with federal civil and criminal charges of insider trading and securities fraud
  • Defense of a former executive in a United States Senate Subcommittee and federal grand jury investigation involving alleged offshore tax shelter abuses
  • Defense of the world’s second largest pipe manufacturer against charges of criminal OSHA violations
  • Defense of a major pharmaceutical company in a $400 million securities fraud and antitrust case

Corporate Internal Investigations
  • Representation of Advanced Neuromodulation Systems, now a wholly owned division of St Jude Medical, in connection with a Federal healthcare fraud and anti-kickback investigation.   
  • Representation of a former director of Michaels Stores in connection with an SEC investigation of Michaels’ executive stock option backdating practices.
  • Representation of various current and former employees in an SEC and federal grand jury investigation involving i2 Technologies.
  • Representation of ReadyOne Industries, the world’s largest manufacturer of chemical warfare suits for the U.S. military, in a federal grand jury investigation of ReadyOne’s former officers and directors.

Appeals
  • United States Supreme Court
    • Singleton v. Volkswagen of America, Inc., --- U.S. ---, 2009 WL 425117 (Feb. 23, 2009 (No. 08-754)
    • Driltech, Inc. v. Reedrill Corporation, 525 U.S. 1070 (1999)
    • Moore v. Ashland Chemical, Inc., 526 U.S. 1064 (1999)
    • Cooper v. United States, 506 U.S. 980 (1992)
    • Irwin v. Department of Veterans Affairs, 498 U.S. 1075 (1991)
  • United States Courts of Appeals
    • In re Volkswagen of America, Inc., 545 F.3d 304 ( 5th Cir. 2008 ) (en banc)
    • Estate of Lisle v. C.I.R., 541 F.3d 595 (5th Cir. 2008)
    • Ballard v. C.I.R., 522 F.3d 1229 (11th Cir. 2008)
    • In re Volkswagen of America, Inc., 517 F.3d 785 (5th Cir. 2008)
    • In re Volkswagen of America, Inc., 506 F.3d 376 (5th Cir. 2007)
    • Palasota v. Haggar Clothing Co., 499 F.3d 474 (5th Cir. 2007)
    • Jenkins v . Methodist Hospitals of Dallas, Inc., 478 F.3d 255 (5th Cir. 2007)
    • National Athletic Trainers Ass’n Inc. v. United States Department of Health & Human Services, 455 F.3d 500 (5th Cir. 2006)
    • Brazos River Authority v. GE Ionics, Inc., -469 F.3d 416 (5th Cir. 2006)
    • Reedrill Corporation v. Driltech, Inc., 168 F.3d 1318 (Fed. Cir. 1999)
    • Moore v. Ashland Chemical, Inc., 151 F.3d 269 (5th Cir. 1998)
    • Estate of Gordon B. McLendon v. C.I.R., 135 F3d 1017 (5th Cir. 1997)
    • United States v. Brown, 71 F.3d 1158 (5th Cir. 1995)
    • United States v. Weeks, 8 F.3d 822 (4th Cir. 1993)
    • Lopez v. United States, 958 F.2d 361 (1st Cir. 1992)
    • United States v. Davis, 972 F.2d 342 (4th Cir. 1992)
    • United States v. Cooper, 966 F.2d 936 (5th Cir. 1992)
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