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Dan Wolff

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Dan Wolff represents clients facing enterprise-level risks arising out of government enforcement actions and complex commercial disputes. He is a problem solver who understands how to use litigation, whether as plaintiff or defendant, to achieve exceptional business solutions and outcomes. Dan leads the firm’s administrative law litigation practice, counseling clients and litigating on their behalf in federal and state courts around the country in matters arising under the Administrative Procedure Act, other federal statutes, and the U.S. Constitution. He also litigates commercial disputes and matters arising in tort. He has deep experience arguing dispositive motions and appeals, in addition to trying jury cases. Notably, The National Law Journal named Dan a Political Activism and First Amendment Rights Trailblazer.

Beyond the courtroom, clients also seek Danʼs counsel in government investigations of workplace accidents, fatalities, supervisor liability, and requests for company records.

Dan serves on the firm's Public Service Committee and maintains an active pro bono practice. In recent years, he has focused on civil rights impact litigation, helping to secure victories or favorable settlements under the First Amendment, § 1983, and the Voting Rights Act.

Immediately following law school, Dan clerked for two years in the Southern District of Ohio for the Honorable Walter H. Rice. He is licensed to practice in the District of Columbia and Ohio and is also a member of the bars of multiple federal courts, including the U.S. Supreme Court.

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On March 10, 2020, the Occupational Safety and Health Administration (OSHA) issued Guidance for employers to prevent occupational exposures to the coronavirus. In doing so, OSHA reminds employers that while no specific standard governs occupational exposure to the coronavirus, the Occupational Safety and Health Act’s General Duty Clause, 29 U.S.C. § 654 (a)(1), requires employers to provide their employees with a workplace free from recognized hazards likely to cause death or serious physical harm.

The Guidance contains recommendations and describes safety and health standards that, if followed, could help employers reduce potential enforcement actions for employees who may be exposed to COVID-19 in the workplace. While recognizing it may not be possible to eliminate a COVID-19 outbreak hazard, the Guidance lists what OSHA believes to be effective protective measures (from most to least effective): engineering controls, administrative controls, safe work practices (a type of administrative control), and personal protective equipment (PPE).
Continue Reading OSHA Issues Guidance to Employers on Preventing Worker Exposure to Coronavirus (COVID-19)

In a recent decision, the Court of Federal Claims rejected the Government’s motion to dismiss a lawsuit filed under the Tucker Act seeking to recover “risk corridors” payments pursuant to §1342 of the Affordable Care Act. In Health Republic Insurance Co. v. U.S. (Jan. 10, 2017), the Court held that “HHS is required to make…