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Andrew Dao

Shareholder

Andrew Dao
  • 2211 Norfolk Street
    Suite 800
    Houston, Texas 77098
  • 713-655-1405

Biography

Andrew is a Shareholder at Daly & Black. He is a first-generation Houstonian and a proud son of Vietnamese immigrants.

Andrew obtained his B.A. in Economics from the University of Texas at Austin, where he was a National Merit Scholar and Jones Scholar. He then obtained his J.D. from the University of Houston Law Center. Throughout his career, he has counseled individuals, small and mid-size businesses, and Fortune 500 corporations in a wide array of civil litigation matters. His experience includes handling catastrophic injury and death cases, product liability cases, workplace safety cases, maritime and Jones Act cases, qui tam, breach of contract and fiduciary duty cases, and commercial litigation disputes—on the plaintiff and on the defense side.  This experience on both sides of the aisle provides him with a unique perspective, allowing him to move out ahead of arguments and prepare effective strategies to attack or counter the adverse side.

Andrew’s body of work is comprehensive and includes:

  • Workplace safety and injury: Representation of client who was electrocuted and seriously injured at a construction site, leading to burns and amputation. Handled argument at the Court of Appeals, which was critical towards eventual resolution of the case.
  • Commercial litigation: Representation of numerous hotel owners against OYO Rooms, in a series of state and federal cases involving breach of fiduciary duty, breach of contract, and DTPA claims, totaling millions in damages.
  • Qui tam: Representation of the relator in a False Claims Act case against several colleges who improperly received millions in Title IV financial aid funds from the United States Department of Education for students who never enrolled.
  • Sexual assault: Representation against a coach and Fight Sports, a global mixed martial arts organization, for the sexual assault of a minor.
  • Sexual assault: Representation of victims against a cheerleading coach and Cheer Athletics, for abuse that occurred when the victims were minors.
  • Workplace safety: Representation of a worker blinded by an arc light at a construction site.
  • Cryptocurrency and NFTs: Filed the first lawsuit in the country, on behalf of an owner of a Bored Ape NFT, against OpenSea—the leading NFT marketplace—for failing to address known security vulnerabilities in its platform.
  • Electrocution: Representation of electrocuted worker against numerous companies who failed to ensure the lines were properly de-energized.
  • Jones Act: Representation of client injured on a barge. Briefed and handled the appeal following a favorable trial verdict, which was upheld by the Court of Appeals and the Supreme Court of Texas.
  • Workplace safety: On the trial team that obtained a $159 million verdict (recognized by National Law Journal as its fourth-highest verdict that year and is also in the Texas Lawyer’s Verdicts Hall of Fame) for an explosion at a Valero refinery resulting in the death of one worker and catastrophic injuries to others.
  • Products liability: Representation of the estate and wrongful death beneficiaries of an individual killed by a defective tractor. Handled argument at the Supreme Court of Texas, and obtained a ruling in favor of clients, which was critical towards resolution of the case.
  • Amusement park injury: Representation of several victims injured as a result of ride failures at amusement parks.
  • Commercial vehicle and trucking accidents: Representation of hundreds of clients against leading trucking and/or commercial vehicle companies.  These include tractor-trailers, cement trucks, commercial vans, box trucks, delivery trucks, buses, and other commercial vehicles.
  • Wrongful death: Representation of the estate of a worker killed in a forklift incident, against his employer, the warehouse operator, and forklift manufacturer.
  • Maritime: Representation of over 100 offshore workers and Jones Act seamen in various cases against drilling rig owners, shipowners, and vessel operators.
  • Products liability: Representation of a seriously injured driver against a vehicle manufacturer.
  • Refinery incidents: Representation of over 100 refinery workers in cases against refinery operators, valve inspection companies, scheduling and planning companies, and other third party contractors.
  • Rideshare litigation: Representation of numerous victims against rideshare companies such as Uber and Lyft, for sexual assault and/or rape of passengers during rides.
  • Railroad and FELA: Representation of dozens of railroad workers in cases against railroad companies.
  • Industrial incidents: Representation of worker injured due to the failure of a safety clamp at an industrial warehouse.
  • Oil field incidents: Representation of worker injured due to the failure of a pipe elevator.
  • Oil field incidents: On the trial team that obtained a $29 million verdict for the family of an oilfield services worker killed on the job by an explosion of an industrial battery.
  • Commercial litigation: On the trial team that obtained a $30 million verdict on behalf of a grocery store chain for breach of contract, tortious interference, and conspiracy claims.
  • Trespass and nuisance: Representation of homeowners against a concrete company.
  • Title IX: Representation of student against school district for harassment and stalking by a former teacher and coach, a convicted sex offender.
  • Pedestrian/auto accidents: Representation of numerous pedestrians seriously injured and/or killed by vehicles and commercial trucks.
  • Amputation and workplace injury: Representation of clients who suffered grievous injuries and underwent amputation of various body parts, including legs, feet, hands, and arms.
  • Title IX: Representation of a special needs student against school district whose teachers abused the student on the premises.

Andrew is licensed to practice in Texas. He has also represented clients in Virginia, California, Louisiana, Florida, South Carolina, Kansas, Oklahoma, Illinois, and other states through pro hac admissions. He is admitted to the Southern District of Texas, the Eastern District of Texas, the Northern District of Texas, and the Fifth Circuit Court of Appeals. He holds a certificate in Advanced Arbitration Skills from the A.A. White Dispute Resolution Center.

Andrew has conducted over a thousand depositions, including those of corporate representatives, individuals, and experts across numerous disciplines. He has supervised and trained incoming associate attorneys. He has successfully argued hundreds of hearings, including those on motions for summary judgment, motions to transfer venue, motions to dismiss, special appearances, forum non conveniens motions, and motions to strike or exclude experts. He has served on the trial team for numerous trials, including the prevailing side in five verdicts named in Texas Lawyer’s Verdicts Hall of Fame. In total, Andrew has been a part of the trial team for cases that have resulted in over $500 million in verdicts and settlements. In addition to his litigation and trial practice, he has appellate experience at the state and federal level. This includes arguing and prevailing at the Court of Appeals and the Supreme Court of Texas.

Thomson Reuters’ SuperLawyers Magazine has recognized him as a Rising Star for seven consecutive years. Recognition has been for both Civil Litigation: Plaintiff and Civil Litigation: Defense. Andrew is also on Thomson Reuters’ Up-and-Coming 100 Rising Stars List for 2023. Houstonia Magazine has recognized him as a Top Lawyer for four years.

With his background and knowledge, Andrew has been asked to speak at several Continuing Legal Education seminars, including recently at the State Bar of Texas’ Federal Courts Practice CLE, where he presented on the topic of Removal and Remand.  He is currently an adjunct professor at the University of Houston Law Center for the Law Center’s Trial Advocacy course and Client Counseling course.  He serves as an associate coach for the Law Center’s mock trial team, where he has coached teams for numerous regional and national competitions.  Along with his friend Michelle Pham, a commercial litigator in Washington, Andrew is a co-founder of the Asians in Law podcast—a dialogue with prominent Asian-American attorneys, including litigators, general counsel, and judges from around the country.

Outside of work, Andrew enjoys spending time with loved ones, playing tennis and basketball, going to museums, cooking, trying new restaurants, and attending sports and performing arts events. As community service is important, he serves as a board member for several non-profit organizations, and volunteers his free time as a Big Brother in Big Brothers Big Sisters.