Partner, Washington DC
1900 K Street NW
Washington, DC 20006-1108

TEL: 202.496.7382
FAX: 202.496.7756
EMAIL: djarcho@mckennalong.com

PROFILE

Dan Jarcho heads the firm's Federal Regulatory Litigation team, representing clients in regulated industries in cases involving federal and state constitutional, statutory, and regulatory issues. Dan has litigated numerous cases raising challenges to federal agency policies, rules, and regulations under the Administrative Procedure Act, including recent cases involving FDA, the Department of the Treasury, U.S. Customs and Border Protection, the Department of the Navy, and the Department of the Interior. He also has defended clients in a wide variety of investigations and enforcement actions initiated by federal agencies and the U.S. Department of Justice, including grand jury investigations and civil actions for seizure, injunction, and civil penalties. In product liability cases, Dan has extensive experience litigating the federal preemption defense to tort claims brought against clients in regulated industries.

Dan appears frequently in courts across the country at both the trial and appellate levels. In the trial courts, his experience includes jury trials, bench trials, evidentiary hearings, motions practice, and the entire range of discovery and other pretrial proceedings. Dan also has litigated cases in numerous state and federal appellate courts, including the U.S. Supreme Court. As a member of the firm's Appellate Group, he has briefed and argued appeals on the merits, drafted petitions for certiorari and other requests for discretionary review, advised clients on potential appellate issues while cases are still in the trial court, and filed amicus curiae briefs in the U.S. Supreme Court and other courts on behalf of trade associations and other interested parties.

A cum laude graduate of Harvard College and Harvard Law School, Dan began his career as a law clerk to the Honorable Aldon J. Anderson, Chief Judge of the U.S. District Court for the District of Utah. He later joined the U.S. Department of Justice as a Trial Attorney in the Civil Division's Office of Consumer Litigation, where he represented FDA in federal court civil and criminal litigation, including enforcement actions for seizure and injunction, Administrative Procedure Act cases, and grand jury investigations. During his tenure at the Department of Justice, Dan also served as a Special Assistant U.S. Attorney in the Criminal Division of the U.S. Attorney's Office for the Eastern District of New York, where he tried felony cases.

Dan’s professional commitments include his position as Co-Chair of the American Bar Association’s Coordinating Committee on National Security and Civil Liberties and his service on the Board of Trustees of the Legal Aid Society of the District of Columbia.  Dan also oversees the firm’s nationwide pro bono program as Chair of MLA’s Pro Bono Committee.