People

Daniel P. Kearney, Jr.

Partner

Kearney Jr., Daniel P.

Daniel P. Kearney’s practice focuses on enforcement and regulatory matters for financial institutions, as well as government regulatory litigation and policy counseling. He has handled a variety of enforcement actions and other regulatory matters before the Federal Reserve Board, the Office of the Comptroller of the Currency, the Consumer Financial Protection Bureau, the Internal Revenue Service and the Department of Justice. In addition, he has litigated cases in the federal district courts, courts of appeals and the US Supreme Court, including matters concerning copyright law, antitrust law, ERISA, state privacy laws and protections for websites and ISPs under Section 230 of the Communications Decency Act. His counseling practice encompasses constitutional law; cybersecurity issues; issues under the Wiretap Act, Pen Register Act and state privacy laws; and national security issues arising in connection with reviews by the Committee on Foreign Investment in the United States (CFIUS).

Prior to joining the firm, Mr. Kearney served as the special assistant to the Legal Adviser to the US Secretary of State, where he counseled the Legal Adviser on a wide range of national security and international law matters. As an associate at another firm in Washington DC, his practice focused on appellate litigation, white collar matters, mergers and acquisitions, and SEC and corporate governance issues.

Prior to his legal career, Mr. Kearney was the producer of the PBS television program Think Tank with Ben Wattenberg.

Honors & Awards

  • Recommended by The Legal 500 United States for financial services regulation in 2017
  • Selected as a "Rising Star" in the 2013, 2014 and 2015 editions of Washington DC Super Lawyers

Publications & News

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July 12, 2017

CFPB Releases Final Rule Banning Certain Pre-Dispute Arbitration Agreements

On July 10, the CFPB announced its long-anticipated final rule to prohibit the use of pre-dispute arbitration agreements to block consumer class actions in contracts for consumer financial products and services.

June 21, 2017

Treasury Report Proposes Revamping Post-Crash Financial Regulation

On June 12, 2017, the U.S. Treasury Department released a 150-page report that recommends revamping many of the rules for banks and other financial services firms put in place after the 2008 financial crisis through the Dodd-Frank Wall Street Reform and Consumer Protection Act.

June 19, 2017

Implications of the Supreme Court's Kokesh Decision

Earlier this month, the Supreme Court ruled unanimously in Kokesh v. SEC that a claim for disgorgement arising from the violation of federal securities law constitutes a “penalty” for purposes of the general statute of limitations provision in 28 U.S.C. § 2462.

June 13, 2017

Supreme Court Substantially Reduces Government's Ability to Seek Criminal Forfeitures

On June 5, 2017, the Supreme Court issued a unanimous opinion in Honeycutt v. United States (No. 16-142), holding that a criminal defendant can be held liable to forfeit only crime proceeds the defendant personally obtained, and cannot be made jointly and severally liable for proceeds acquired by a co-conspirator. This WilmerHale Client Alert was republished on NYU Law's Compliance & Enforcement blog.

June 9, 2017

The Legal 500 United States 2017 Recognizes 125 WilmerHale Lawyers Across 28 Practice Areas

The Legal 500 United States has released its 2017 rankings, recommending 125 WilmerHale lawyers—including 12 who are named to its elite “Leading Lawyers” list and two on its “Next Generation Lawyers” list—and 28 practice areas in its 11th edition.

May 18, 2017

Uncertain Future For CFPB Small Business Data Rule

An article by Daniel Kearney, Skye Perryman and Daniel Hartman, published by Law360, discusses the uncertain future for the Consumer Financial Protection Bureau small business data rule.

January 3, 2017

WilmerHale Announces 2017 Partner Elevations and Recognizes New Special Counsel

We are pleased to announce the elevation of our new partners, as well as to recognize our new special counsel.

October 14, 2016

DC Circuit Delivers a Major Setback to the CFPB

On October 11, the DC Circuit issued a major decision holding the structure of the Consumer Financial Protection Bureau (CFPB) unconstitutional and sharply limiting the CFPB's enforcement powers.

September 12, 2016

Federal Civil Penalties Set to Increase Significantly, Many Present Retroactivity Concerns

Matthew Martens, Reg Brown and Daniel Kearney discuss rules adopted by many federal agencies that significantly increase the maximum civil monetary penalties they can potentially impose in this article published by the Harvard Law School Forum on Corporate Governance and Financial Regulation.

August 10, 2016

Civil Penalties Set to Increase Significantly, Many Present Retroactivity Concerns

Over the past several months, many federal agencies have adopted rules significantly increasing the maximum civil monetary penalties (CMPs) they can potentially impose. The increased penalty amounts were adopted in response to recent legislation from Congress requiring that federal agencies make adjustments to “catch up” with inflation.

Professional Activities

Mr. Kearney is a Term Member of the Council on Foreign Relations and a member of the American Council on Germany.

Practices

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Education

JD, Yale Law School, 2004, Coker Fellow; Notes Editor, The Yale Law Journal

MA, Classics, Boston College, 1999

AB, Woodrow Wilson School of Public and International Affairs, Princeton University, 1996, Certificate in Engineering Management Systems

Bar Admissions

District of Columbia

Massachusetts

Clerkships

The Hon. John G. Roberts, Jr., Chief Justice of the United States, 2005 - 2006

The Hon. John G. Roberts, Jr., US Court of Appeals for the District of Columbia Circuit, 2004 - 2005

Government Experience

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