Q&A with Of Counsel Samantha Daniels

By Katarina Marcial

Editor Katarina Marcial chatted with Of Counsel Samantha Daniels, based in the Firm’s New York office.

Monitor: Can you share a little about your background and interests?

Samantha Daniels: I grew up in Daytona Beach, Florida, known for its lively spring break scene, NASCAR, and Bike Week. Aspiring to be a lawyer, I attended Cornell in Ithaca as an undergrad and the University of Chicago for law school, and even¬tually worked in Washington, DC at Gibson Dunn & Crutcher as an associate. After stints in Gibson’s DC, LA, and NY offices, I finally found my home in NYC. Disillu¬sioned by working for the defense side (solely for large corporations), I realized I wanted to represent those who would hold those corporations accountable. I did not want to sacrifice the quality of the people and work product I became accustomed to at Gibson, and Pomerantz fit the bill.

I love ‘70s, ‘80s, and ‘90s rock, funk, and soul. I also enjoy art, visiting museums and painting. Taking painting classes is my way of relaxing, clearing my mind, and gaining inspiration.

Monitor: What inspired you to pursue a career in law, particularly in securities litigation?

Samantha Daniels: My dad is a lawyer, which inspired my respect for the profes¬sion, especially securities law. I studied political science and history to prepare for a career in DC politics or a government agency. But my experience in DC left me jaded. At Gibson’s appellate group, I discovered a passion for storytelling. In securities law, storytelling is essential for presenting facts in a compelling manner to engage judges. I worked with inspiring colleagues, such as the late, great Ted Olson, who taught me how to make judges care about a case by highlighting its public policy implications. I enjoy using my storytelling skills – finding the right angle and packaging it well – to highlight wrongdoing and the harm it’s caused, as the key to crafting a narrative that resonates with judges. I love this aspect of litigation.

Monitor: You recently successfully overcame two Motions to Dismiss. Can you tell us about the cases?

Samantha Daniels: The case against Golden Heaven involved clear-cut fraud by a Chinese company that went public in the U.S., falsely claiming high demand and revenue for its amusement parks. Upon investigation by Hindenburg (and confirmed by our own investigator abroad), it was discovered that the parks were virtually deserted. The hearing for defendants’ motion to dismiss went well, and we felt con¬fident we would win. However, before the judge issued a decision on the case, the Slack decision (Pirani v. Slack Techs., Inc.) was handed down in the Ninth Circuit, which could have severely limited Pomerantz’s case. The Slack decision essentially stated that if plaintiffs can’t trace their shares directly to the IPO’s registration statement, then there is no standing for their claims. The Golden Heaven defendants cited that decision as a reason to dismiss our case. I argued, however, that this was dicta -- in other words, that the judge’s statements in the Slack decision were not binding as precedent -- and the judge, already convinced by my argument about the severity of the fraud, agreed that Slack didn’t apply. Consequently, the judge denied the defendants’ motion to dismiss our case, which was a significant victory.

The SunPower case involved more subtle deception by a reputable U.S.-based solar company. We alleged that SunPower misled investors about its financial health and capabilities while secretly approaching bankruptcy. SunPower was delaying the release of its financials, relying on future cash it would receive from a majority shareholder. Behind the scenes, it was in a cash freefall. The challenge was to demonstrate this pattern of deceit to Judge Rita Lin and to secure confidential witnesses who would attest to SunPower’s lack of cash flow. Despite rigorous counterarguments from opposing counsel, the judge recognized the fraudulent implications of SunPower’s actions. Although not all our claims were upheld, enough were maintained to allow us to proceed. This case posed the challenge of proving fraud without concrete financial disclosures. However, I ultimately established a pattern of wrongdoing and advanced the case.

Monitor: Do you feel that there is an unspoken expectation for women in law to do it all, excel at their careers, while finding balance?

Samantha Daniels: Yes, I do. I balance these expectations with confidence by maintaining my boundaries and addressing issues head-on. For example, I recently had to work on a case with another firm. They sent me an incomplete draft of the complaint, despite our agreement that they’d handle the complaint and I’d handle the opposition. Instead of fixing their draft, I pushed back and sent a strongly worded email with corrections, emphasizing my deadlines and their responsibilities. Sometimes, people will test what they can get away with, and it’s essential to stand up for oneself, especially for women, who often feel pressured to do it all. In your personal life, you can do the same thing. Once you recognize your worth, this becomes a lot easier.

Monitor: Do you have any female mentors or role models who have shaped your career?

Samantha Daniels: During my time at Gibson in DC, Helgi Walker, an appellate partner, involved me in cases with intriguing constitutional issues, emphasizing the importance of argument and presentation and understanding judges’ perspectives. Her mentorship taught me to embrace ambiguity, present it clearly, and act as a PR agent when defending a corporation, crafting a well-researched argument that considers all stakeholders. Similarly, working with Perlette Jura in Los Angeles was invaluable due to her extensive experience in appellate and transnational litigation. She shared with me a memorable story about leading a meeting as a female associate in a room full of men. Despite knowing that beautiful young women are not always taken seriously, she had confidence in her case knowledge and owned her power. This continues to inspire me. At Pomerantz, I am grateful to be managing my own cases, gaining confidence and confirmation of something I already knew – I can do this. I am fortunate to work with highly accomplished women like Emma Gilmore, Murielle Steven Walsh and Brenda Szydlo and learn from them all.

Monitor: What advice would you offer to younger attorneys seeking to succeed in their careers?

Samantha Daniels: Always speak up. If you have a great idea, or if you see a legal route that hasn’t been pursued, or a legal theory or argument, share it. As a junior associate, I recall hesitating to voice my thoughts, assuming others had already considered my ideas or doubting them due to potential counterarguments. However, your strength comes from being closest to the facts and law, especially when preparing partners for hearings or drafting briefs. If you see something, say something.