Overview

Dan Procaccini is a seasoned litigator who clients trust to champion and protect their interests.  Drawing on nearly a decade of versatile experiences, Dan represents businesses and individuals in complex commercial litigation, product liability actions, intellectual property disputes, and sensitive internal investigations. He has advised clients across a wide variety of industries, including consumer products manufacturers, financial institutions, healthcare organizations, private universities, and technology companies.  He also regularly represents public agencies and state departments.  Though anchored in Rhode Island, Dan frequently argues in state and federal courts throughout New England.

In the courtroom, Dan is a sharp and respected advocate.  His experience includes acting as first and second chair trial counsel in various courts.  Dan’s experience also includes criminal matters, such as when he served as a special assistant district attorney in Norfolk County, Massachusetts, trying more than a dozen cases to verdict.  He also served as trial counsel with a state-appointed special prosecutor in a high-profile felony criminal prosecution arising out of the in-custody death of a state hospital patient.

Maintaining strong community ties is a core principle of Dan’s practice.  He has provided hundreds of hours of pro bono legal aid for non-profit arts organizations, low income, elderly, and disabled clients facing urgent challenges.  In one such action, he achieved statewide reform in Massachusetts by spearheading litigation to eliminate a rule that unfairly denied underprivileged teenagers merit-based aid for higher education.

Prior to joining AP&S, Dan practiced with a national law firm headquartered in Boston.  He also served as a law clerk for the Honorable William E. Smith, Chief Judge of the U.S. District Court for the District of Rhode Island, and the Honorable Francis X. Flaherty, Associate Justice of the Rhode Island Supreme Court.

Dan is also an advocate for the performing arts and serves on the board of directors of Rhode Island’s Wilbury Theatre Group.

Education

  • Boston College Law School (J.D., 2011)
  • Loyola University Maryland (B.A., 2008, summa cum laude, Phi Beta Kappa)

Admissions

  • Rhode Island
  • Massachusetts
  • U.S. District Court, District of Rhode Island
  • U.S. District Court, District of Massachusetts
  • U.S. Court of Appeals for the First Circuit
Representative Matters
  • Successfully represented general contractor sued in a prevailing wage dispute by a Rhode Island state agency, achieving dismissal of all claims in a case of first impression concerning the subject matter jurisdiction of the Rhode Island Superior Court.
  • Defending a United States aircraft engine manufacturer in product liability and wrongful death actions alleging strict liability claims of design defect and failure to warn.
  • Principally responsible for leading and resolving an internal investigation for a private university following allegations related to the improper release of student records and health care information.
  • Represented the Commonwealth of Massachusetts at trial as a special assistant attorney general to prosecute felony charges arising out of the in-custody death of a patient detained in a state hospital.
  • Spearheaded a multinational technology company’s internal business investigation concerning potential Foreign Corrupt Practices Act violations by a rogue employee.
  • Secured victory following a Superior Court trial for members of a nonprofit who sued the organization’s board of directors and third parties for breach of contract, breach of fiduciary duty, and aiding and abetting a breach of fiduciary duty.
  • Represented national telecommunications company in Superior Court action alleging injuries caused by polychlorinated biphenyls (PCBs) purportedly contained in communications equipment.
  • Successfully resolved state attorney general investigation into health care organization concerning alleged violations of consumer protection statutes, health regulations and the state false claims act.
  • Successfully defended nonprofit owner of national historic landmark before Massachusetts Building Code Appeals Board and in Superior Court appeal concerning interpretation of state building code.
  • Represented educational institution in state attorney general investigation concerning enrollment practices and alleged violations of state consumer protection statutes.
  • Principally responsible for representing a group of Massachusetts high school graduates alleging unconstitutional discrimination in the award of merit-based scholarships to state colleges and universities, securing statewide regulatory reform of award criteria to remedy an equal protection violation.
  • Advised consumer products manufacturer concerning regulatory requirements for potentially defective product that posed a risk of injury to consumers

 

Seminars / Publications

Seminars

  • Panelist, Putting Your Client Under the Microscope: Best Practices in Business Investigations, RIBA Annual Meeting (2017)
  • Panelist, What We Have Here is a Failure to Communicate: Assessing the Credibility of Non-English Speaking Witnesses RIBA Annual Meeting (2011)

 Publications

  • Co-Author, SEC Enforcement Year in Review: Actions and Issues from 2016, The Investment Lawyer (January 2017)
  • Co-Author, Massachusetts Chapter, Business Torts: A 50 State Guide, Wolters Kluwer (ed. 2015–2017)
  • Co-Author, RICO Indictment of NECC Executives for Acts of Second-Degree Murder: An Unprecedented Approach to Regulatory Violations, Foley Hoag Business Crimes Perspectives (Jan. 26, 2015) (selected as JD Supra 2016 “Top Read”)
  • Co-Author, Johnson v. SmithKline Beecham: A Textbook Application of Corporate Citizenship Principals, Legal Backgrounder Vol. 29, No. 10, Washington Legal Foundation (2013)
  • What We Have Here is a Failure to Communicate: An Approach for Evaluating Credibility in America’s Multilingual Courtrooms, 31 B.C. J. OF LAW & SOC. RESPONSIBILITY 163 (2011)
  • First, Do No Harm: Tort Liability, Regulation and the Forced Repatriation of Undocu­mented Immigrants, 30 B.C. J. OF LAW & SOC. RESPONSIBILITY 475 (2010)
Honors
  • Selected as Best Lawyers: Ones to Watch, 2021 in the field of Commercial Litigation.
  • Senior Articles Editors, Boston College Journal of Law and Social Responsibility
  • Loyola University Carrell Medalist in English
  • Loyola University Medalist in Political Science
  • The Hon. Robert J. Gerstung Award for Commitment to Law
  • Top Ten Oralist, Wendell F. Grimes Moot Court Competition
Professional Affiliations
  • Member, Rhode Island Bar Association
  • Member, Rhode Island Chapter, Federal Bar Association
In the Community
  • Board of Directors, The Wilbury Theatre Group
Blog
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