Danielle Morello’s practice focuses on complex commercial litigation, antitrust, and white collar defense.  She has counseled clients in state, federal, and appellate courts and in proceedings with federal agencies, including the Department of Justice, Securities Exchange Commission, and Federal Trade Commission.  She also has pro bono experience in cases involving voter protection, civil rights, and advocacy for individuals experiencing homelessness.

Prior to joining the firm, Danielle was a litigation associate at Cozen O’Connor.  She graduated from The George Washington University Law School, where she was an associate of the International Law Review and interned for the Honorable Craig Iscoe of the Superior Court of the District of Columbia.  Prior to law school, Danielle was a Teach for America corps member in Miami.  She received her undergraduate degree from Smith College.

Danielle Morello’s practice focuses on complex commercial litigation, antitrust, and white collar defense.  She has counseled clients in state, federal, and appellate courts and…

Education

The George Washington University Law School (J.D. 2013); Smith College (B.A. 2007)

Bar Admissions

District of Columbia; State of Massachusetts; U.S. District Court for the Eastern District of Wisconsin

Activities and Affiliations

Member, American Bar Association

Member, National LGBT Bar Association

Member, Women's White Collar Defense Association

C&G helped secure a victory in a case alleging that President Trump violated the Foreign Emoluments Clause of the Constitution by accepting benefits from foreign governments without seeking and obtaining congressional consent. C&G represents five legal historians who filed an amicus brief citing extensive historical sources demonstrating that the Founding Founders shared the plaintiffs’ definition of emoluments. Judge Emmet Sullivan of the U.S. District Court for the District of Columbia, in denying Trump’s motion to dismiss for failure to state a claim, expressly stated that “[t]he Court appreciates the illuminating analysis provided by the amici,” and that “Amici Legal Historians soundly reject the President’s narrow definition of Emolument as inaccurate, unrepresentative, and misleading.”

The National Law Journal published a piece about the importance of our clients’ amicus brief, mentioning Cohen & Gresser’s role, and quoting Washington, D.C. Managing Partner, Melissa Maxman, linked here.

This is the second time a district judge has relied in large part upon our legal historian clients’ brief in construing the Emoluments Clause.

Cohen & Gresser helped achieve a precedent-setting ruling in the U.S. Court of Appeals for the Third Circuit in Jerry Reeves v. Fayette SCI, et al. (No. 17-1043), that clears the way for wrongfully convicted defendants to seek federal habeas relief where their trial counsel failed to present credible evidence of their actual innocence. There is a split among federal circuit courts over what type of “new evidence” of actual innocence is required before courts can consider the merits of untimely habeas corpus petitions that allege constitutional violations.  Some circuits consider evidence only if it is newly discovered after trial, while others permit evidence available at the time of the trial that defense counsel failed to present. The Third Circuit had not weighed in on the issue. Cohen & Gresser filed a pro bono amici curiae brief on behalf of the Innocence Network and the Innocence Project of Pennsylvania urging the Third Circuit to adopt the broader newly presented standard, because the narrower newly discovered evidence standard would cut off a pathway to exoneration for innocent individuals whose attorneys failed to present exculpatory evidence at trial. In a precedential decision on July 23, 2018, the Third Circuit agreed, vacating the denial of Mr. Reeves’ habeas petition and instructing the district court on remand to consider his newly presented exculpatory evidence.

C&G welcomes the associates who joined the firm in 2016. "Our new associates are excellent lawyers and wonderful additions to the firm," said Managing Partner Lawrence T Gresser. 

In this C&G Client Alert, Melissa H Maxman, Ronald F Wick, Erica Lai, and Danielle Morello discuss the U.S. Department of Justice's (DOJ) announcement that it will now consider crediting companies for “robust” compliance programs at the charging stage of criminal antitrust investigations. This signals a reversal of the DOJ’s longstanding policy of allowing substantial penalty reductions only for “early-in” whistleblowers.