In addition, Daniel has extensive experience assisting clients to navigate complex and sensitive employment matters that may arise during or after a transaction. He also regularly works with clients, post-closing, to implement “best practices,” often with an eye toward preparing a company for an eventual exit.

As a regular part of his practice, Daniel serves as a trusted advisor to clients on compliance with the panoply of federal, state and local employment laws. This includes assisting clients to formulate legally compliant employment policies, counseling clients through challenging personnel decisions, and advising clients in implementing and executing policies and decisions in a defensible manner. He routinely negotiates and drafts employment and separation agreements and assists clients to manage reductions in force.

Daniel is also highly experienced in handling employment disputes, most particularly in the areas of restrictive covenants, misappropriation of trades, discrimination and compensation claims.

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• Represented the private equity acquirer of a business in the resolution, on favorable terms, of a dispute arising from a seller’s failure to disclose material information concerning the seller’s own romantic relationships in the workplace*
• Guided the strategic asset purchaser of a unionized supplier, to navigate, within the narrow confines of the law, a situation in which employees being retained wished to decertify the union. The result was that the union was decertified and no unfair labor practice charge was filed*
• In a case of first impression, successfully persuaded the Second Circuit Court of Appeals to adopt the rule that the New York State Human Rights Law does not provide a private cause of action to a New York resident for alleged discrimination occurring outside of New York (in this case, on the high seas). Coupled with the favorable adjudication of other issues in the clients favor, the outcome for the client was complete victory on all claims*
• On behalf of software industry client, secured a substantial monetary settlement (after prevailing on several “make-or-break motions”) in a litigation prosecuting claims for breach of confidentiality agreement, misappropriation of trade secrets and unfair competition*
• On behalf of food-industry client, successfully defended and settled, on favorable terms, putative wage and hour class and collective action.
• On behalf of research laboratory client, negotiated a pre-litigation resolution, on favorable terms, clearing the way to hire a scientist, without the cloud of potential liability arising under a restrictive covenant agreement with former employer.
• On behalf of IT services company, defended settled, for nuisance value, national origin discrimination claims*
• Counseled apparel company in connection with the labor and employment “nuts and bolts” of opening their first retail location in New York City*

*Matter handled prior to joining McDermott

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