Daniel L. Saperstein is an Associate in the Labor & Employment Law Department, resident in the Newark office. He is a member of the Employment Litigation & Arbitration, Employment Law Counseling & Training, International Labor & Employment, and Whistleblower & Retaliation Groups, as well as the Dodd-Frank Task Force.
Dan litigates on behalf of employers in a wide variety of employment-related disputes brought before state and federal courts across the country; FINRA, AAA and other arbitration panels; administrative agencies such as the EEOC and its state counterparts; and in pre-litigation negotiations. He also regularly advises clients on hiring procedures, wage and hour matters, employee leave, performance issues, reductions in force, and separation agreements and releases. Clients that Dan has represented or counseled include employers in the retail, construction, real estate, financial services, sports, and arts/entertainment industries, as well as non-profit organizations, universities, hospitals, and law firms. Recognized for his professional achievements, Dan was named one of the Top 50 “New Leaders of the Bar” in the July 2014 edition of the New Jersey Law Journal and a “Rising Star” in the 2014 edition of New Jersey Super Lawyers.
Dan has written or been quoted or cited in more than 225 articles, and has edited or contributed to several books, encompassing such topics as employment discrimination, social media, statute of limitations jurisprudence, family and medical leave, background checks, health care, extraterritoriality, non-competes, occupational safety and whistleblowing.
He has drafted congressional testimony and authored commentaries for major media outlets such as Bloomberg BNA, The Record, The Star Ledger, and Washington Post. His other writings have been published by academic journals such as the Hofstra Law Review and Rutgers Law Record; and trade journals such as the American Lawyer, Daily Report, National Law Journal, New Jersey Law Journal, and New York Law Journal (ALM publications); Cyberspace Lawyer, H.R. Advisor, and Westlaw Journal Employment (Thomson Reuters publications), as well as Financier Worldwide (FW) Magazine, International Law Practicum, Law360, Lawdragon, Metropolitan Corporate Counsel (MCC), Practising Law Institute (PLI), Smart Start Employment Screening, and Society for Human Resource Management (SHRM). In addition, Dan frequently contributes to Proskauer client alerts, newsletters, and blog postings, which have been republished by Casetext, FindLaw, National Law Review, JD Supra, Lexology, Martindale, Mondaq, and Monster.com, among other outfits.
The New York Post and various H.R./legal publications have interviewed Dan, and his work has been quoted, cited, or acknowledged in books such as American Law Reports (ALR) and The New Wigmore: A Treatise on Evidence; newspapers such as Asbury Park Press, RT and The Wall Street Journal; academic outlets such as the Arizona State Law Journal, Cornell University School of Industrial and Labor Relations, Hofstra Labor and Employment Law Journal, Pace Law Review, Roger Williams University Law Review, Rutgers Law Review, Seton Hall Law Review, University of Pennsylvania Journal of Business Law, and Virginia Law and Business Review; and H.R./legal publications such as American Lawyer, Bloomberg BNA, Corporate Counsel, Daily Report, and Law Technology News (ALM publications), as well as the Albuquerque Journal, American Society of Employers, H.R. Executive, H.R. Morning, Imperative Information Group, International Lawyer, JD Journal, JD Supra, Jurist, Law360, Lawyers.com, MCC, Overlawyered, SHRM, Social Science Research Network, Special Counsel, The Precheck Blog, Today’s General Counsel, and Willis Wire.
One of the articles Dan co-authored also was quoted in the Respondent's brief before the U.S. Supreme Court in NASA v. Nelson. And an article accrediting Dan for his research assistance was cited in the Petitioner's certiorari and briefing papers (and the Chamber of Commerce's amicus filing) before the U.S. Supreme Court in University of Texas Southwestern Medical Center v. Nassar, as well as by the law reviews of the University of Chicago, University of Texas, Boston College, the College of William & Mary, and the University of Arkansas at Little Rock, among other publications.
Dan has presented at conferences and seminars on employment law, and his work has been published or cited by the Academy of Legal Studies in Business, American Bar Association, King County Bar Association, New Jersey Defense Association, and New York State Bar Association.
On the pro bono front, Dan successfully fought to end the exploitation of captive chimpanzees in the United States, submitting comments on behalf of the Animal Legal Defense Fund (ALDF) to the Fish and Wildlife Service (FWS) and the National Institutes of Health (NIH). As a result of these efforts, the FWS has expressed its intention to extend endangered species protections to chimpanzees held in captivity and the NIH has announced plans to retire most of the chimpanzees used in NIH-funded biomedical research projects. In addition, Dan has submitted a comment on behalf of ALDF to the United States Department of Agriculture in support of strengthening the regulatory protections afforded to captive bears in this country. He has contributed to the ALDF Blog on these issues as well. Dan’s other pro bono matters have included working on the Iraqi Human Rights Project, partaking in Goldman Sachs’ 10,000 Small Businesses, defending non-profit organizations, representing the New York City Police Department, and assisting on prisoners' rights issues. Dan also has submitted an amicus brief before the New Jersey Supreme Court on behalf of the Employers Association of New Jersey. For his commitment to pro bono work, Dan twice has been recognized by the New York State Bar Association Empire State Counsel Program and has received Proskauer’s Golden Gavel Award.
Before joining Proskauer and throughout law school, Dan was an adjunct professor of history at William Paterson University and Bergen Community College. While teaching, he published a paper with the Hindsight Graduate History Journal of California State University, Fresno. While in law school, Dan was a teaching assistant for the Legal Writing Program and a member of the Fordham International Law Journal, where he published a note.
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