People

Daniel P. Kearney, Jr.

Counsel

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

  •  Selected as a "Rising Star" in the 2013, 2014 and 2015 editions of Washington DC Super Lawyers

Publications & News

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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.

March 21, 2016

MIP Names WilmerHale Patent Contentious Firm of the Year and Natalie Hanlon Leh Colorado's Outstanding IP Litigator of the Year

In addition, the firm was recognized for its role in two “Milestone Cases of the Year:” Akamai Technologies v. Limelight Network (Fed. Circuit, August 2015), in which the firm argued on behalf of Akamai, and Authors Guild v. Google (Court of the Appeals for the Second Circuit, October 2015) in which the firm represented Google.

March 14, 2016

OCC Revises CMP Policy

For the first time in over twenty years, the Office of the Comptroller of the Currency has formally changed its policy governing civil money penalties against national banks, federal savings associations, federal branches of foreign banks, and their service providers and institution affiliated parties.

January 21, 2016

AML Litigation and Individual Liability: FinCEN's Landmark Haider Case Moves Forward

A federal district court in Minnesota recently held that the Bank Secrecy Act (BSA) permits the Financial Crimes Enforcement Network (FinCEN) to bring suit against individuals for willfully violating the BSA's AML program requirement.

July 6, 2015

Disparate Impact Survives—Court Outlines Limitations on Liability  

On June 25, 2015, the US Supreme Court issued a decision in Texas Department of Housing and Community Affairs v. The Inclusive Communities Project, holding that disparate-impact claims are cognizable under the Fair Housing Act.  

October 28, 2014

What is the Statute of Limitations for a UDAAP Claim Under the Federal Consumer Financial Protection Act?

An article by Matt Martens, Jamie Dycus and Daniel Kearney, published in the October 28, 2014 edition of Bloomberg BNA's Banking Report, Vol. 103, No. 891.

April 25, 2014

WilmerHale Attorneys Recognized in Annual Washington DC Super Lawyers Listing

The annual edition of the Washington DC Super Lawyers magazine, published by The Washington Post Magazine, released its 2014 listing which includes 37 WilmerHale attorneys.

May 3, 2013

Partners Waxman, Gorelick Among WilmerHale Attorneys to Receive Prestigious DC Rankings in Super Lawyers

The annual edition of the Washington DC Super Lawyers magazine, published by The Washington Post Magazine, listed 34 WilmerHale attorneys in this year’s rankings.

October 25, 2010

New York Court of Appeals Rejects Attempt to Expand Scope of Liability for Professional Service Providers

WilmerHale represents the investment bank defendants.

February 17, 2010

American Aid Worker Freed in Haiti

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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