Profile
Dan McMillan specializes in complex commercial, business, and construction litigation. He is cochair of Jones Day's multidisciplinary construction practice. He represents owners, design professionals, and contractors in large construction disputes and in negotiating and drafting contracts for construction projects. He has handled complex contractual disputes and claims involving federal and state securities laws, RICO statutes, false claims acts, and antitrust laws. Dan has substantial trial, law and motion, and appellate experience. He also has extensive experience with domestic and international ad hoc and administered arbitrations, mediations, and a variety of hybrid alternative dispute resolution mechanisms.
About Daniel McMillan
Admitted: 1988, California
Professional: www.jonesday.com/ddmcmillan/
Honors and Awards: Martindale Hubbell AV Rated; International Who's Who of Construction 2007; Construction for the Chambers USA 2005 - present; Clerkship, Chief Judge Charles Clark, United States Court of Appeals for the Fifth Circuit (1987 term)
Bar/Professional Activity: Judicial Nominees Evaluation Commission (2007 to present); American Bar Association, Litigation Section, Forum on the Construction Industry (2000 to present); Steering Committee for Dispute Avoidance and Resolution (2005 to present); Association of International Petroleum Negotiation; Disputes Review Board Foundation (2000 to present)
Pro bono/Community Service: Los Angeles Economic Development Corporation (Member 2001 to present; Executive Board; Critical Intrafrastructure to Subcommittee), We Can Pediatric Brain Tumor Network (Volunteer 1997 to present; Advisory Board Member 2006 to 2008)
Scholarly Lectures and Writings: Authored/Co-authored include: "Hyperinflation in the Construction Industry: European 'Hardship' Principles Versus the American Doctrine of Impracticability of Performance," The Journal of The American College of Construction Lawyers (Summer 2007); "Prequalification of Contractors by State and Local Agencies: Legal Standards and Procedural Traps," 27 Const. Law. 21 (Spring 2007); "Price Escalation and Financial Hardship: Contractual Approaches to Dealing With Hyperinflationary Market Conditions," chapter 1 in Construction Law Update (Aspen 2006); "When Accidents Happen During Construction: Will Your Builder's Risk Insurance Cover the Damage?" Construction Briefings (June 2005); "Dispute Review Boards: Key Issues, Recent Case Law and Standard Agreements," 25 Const. Law. 14 (Spring 2005); "Federal and State False Claims Acts and Public Construction Projects," chapter in The Construction Business Handbook (Aspen 2004); "The Truth About False Claims," Cal. Law. 47 (Sept. 2003); and "An Owner's Guide to Avoiding the Pitfalls of Disputes Review Boards," 27 Transp. L.J. 181 (2000)
Verdicts and Settlements: See firm website plus: Los Angeles County Metropolitan Transportation Authority v. Shea-Kiewit-Kenny, 50 Cal. App. 4th 676 (1997); Macauley v. Sutro & Co., Inc. 12 Cal. App. 4th (1992); Zenith Ins. Co. v. Breslaw, 108 F. 3d 205 (9th Cir. 1997)
Transactions: See firm website
Representative Clients: Chevron, Edison Mission Energy, City of Hope, Belkin International, Alameda Corridor Transportation Authority, Befesa, Los Angeles Unified School District, Los Angeles Metropolitan Transportation Authority
Educational Background: Loyola Marymount University (B.S. 1983; summa cum laude; First in Class), Loyola of Los Angeles Law School (J.D. 1987; summa cum laude, First in Class)