Daniel J. Davis is special labor & employment law counsel in the Labor & Employment Law Department. He represents employers in a range of employment and labor issues, including equal employment, whistleblower and wage payment laws administered by the Department of Labor, Equal Employment Opportunity Commission, and National Labor Relations Board. He litigates class and collective claims, including claims under Title VII, the ADEA, ERISA, NLRA and the FLSA.
Dan participates in corporate internal investigations covering a range of subject areas, and advises and defends companies from whistleblower, trade secrets, and non-compete claims under both state and federal law.
Dan counsels clients on a wide range of regulatory issues, including assisting companies and associations in commenting on pending rulemakings and challenging rulemakings in court.
His recent cases include:
NBCUniversal Media, LLC v. National Labor Relations Board, (D.C. Cir. Feb. 23, 2016): successfully challenged Board decision determination that agreement between NBC and NABET created one bargaining unit instead of multiple bargaining units.
Roszak v. US Foods, (9th Cir. Jan. 6, 2016; N.D. Ill. Jan. 26, 2016): successfully argued before the Ninth Circuit and Northern District of Illinois to confirm arbitration award against former employees for taking and using confidential information against the company. Case is pending before the Seventh Circuit.
New Day Financial, LLC v. Katz, No. 13-C-15-104414 (Md. Circuit Ct. Sept. 2, 2015): successfully defended company in preliminary injunction hearing against claim by competitor for tortious interference of contract for hiring employee.
Business Roundtable, et al. v. SEC, 647 F.3d 1144 (D.C. Cir. 2011): successfully challenged the first rule issued by the Securities and Exchange Commission under the Dodd-Frank Act.
NLRB v. Boeing (2011): represented The Boeing Company in a high-profile case by the National Labor Relations Board regarding Boeing’s decision to open a plant in South Carolina. The case was dismissed when an agreement was reached between Boeing and the International Association of Machinists and Aerospace Workers.
Company Doe v. Tenenbaum, No. 8:11-cv-02958 (D. Md.): successfully challenged decision by Consumer Products Safety Commission to publish a report in its consumer database.
American Equity Life Ins. Co. v. SEC, 572 F.3d 934 (D.C. Cir. 2009): successfully challenged SEC decision to regulate Fixed Indexed Annuities.
From 2006 to 2007 Dan served as Counsel to the Assistant Attorney General in the Civil Division of the U.S. Department of Justice (DOJ). While assisting with the operation of the largest component of the DOJ, he argued nine cases before federal appellate courts. Dan also served as a law clerk to the Honorable Douglas H. Ginsburg of the U.S. Court of Appeals for the DC Circuit.
Dan is a contributor to Proskauer's Government Contractor Compliance & Regulatory Update blog, which tracks the developments in the compliance arena for government contractors and sub-contractors, with a particular focus on developments involving the OFCCP and related agencies and departments. Dan is also a contributor to Proskauer’s Whistleblower Defense blog, which provides the latest insights on employee whistleblower claims. In addition, Dan has been quoted in and interviewed by major news media outlets about employment issues including the Wall Street Journal, Bloomberg Radio, SHRM and The National Law Journal.