Daniel L. Saperstein is a senior associate in the Labor & Employment Law Department and co-chair of the firm’s Hiring and Background Checks Group. He also is a member of the Employment Litigation & Arbitration, Employment Law Counseling & Training, International Labor & Employment, Sports Law, and Whistleblower & Retaliation Groups, as well as the Dodd-Frank Task Force. In recognition of his professional achievements, Dan was named one of the Top 50 “New Leaders of the Bar” in the State of New Jersey in the 2014 edition of the New Jersey Law Journal, and as a “Rising Star” in the 2014 and 2015 editions of New Jersey Super Lawyers.
Employment Counseling & Litigation Practice
Dan has represented or counseled employers in several industries, including retail, food and beverage, construction, real estate, financial services, sports (including the four major sports leagues), and arts/entertainment, as well as non-profit organizations, universities, hospitals, and law firms.
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; and administrative agencies such as the EEOC and its state counterparts. As part of his litigation practice, Dan conducts investigations, authors position statements, drafts trial and appellate court briefs, manages discovery, preps witnesses, takes and defends depositions, and leads oral argument.
Dan also regularly advises clients on hiring procedures and background checks; wage and hour matters; employee leave; performance issues; discrimination, retaliation, and whistleblower laws; cross-border issues; and reductions in force and separation agreements.
As co-chair of the Hiring and Background Checks Group, Dan routinely counsels clients in the United States on the Fair Credit Reporting Act, credit and criminal background inquiries, use of social media, interview practices, and application forms. He also has worked on hiring and separation issues in countries spanning the globe, including Australia, Canada, China, Colombia, Japan, Kenya, Mexico, Nicaragua, Panama, South Korea, and the U.K.
Scholarship & Speaking Engagements
Dan has written and been quoted or cited in hundreds of articles, and has contributed to several books, on a broad range of employment law topics. He has drafted congressional testimony and authored commentaries for major media outlets such as Bloomberg BNA, NJ.com, The Record, The Star Ledger, The Wall Street Journal, and Washington Post. His other writings have been published by academic journals such as the Hofstra Law Review and Rutgers Law Record; and trade publications 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 Above the Law, the European Venture Capital Association Tax & Legal Committee, Financier Worldwide (FW) Magazine, International Law Practicum, Law360, Lawdragon, Metropolitan Corporate Counsel (MCC), Practising Law Institute (PLI), Smart Start Employment Screening, Society for Human Resource Management (SHRM), and Today’s General Counsel. In addition, Dan frequently contributes to Proskauer client alerts, newsletters, and blog postings, which have been regularly republished by Casetext, FindLaw, JD Supra, Lexology, Martindale, Mondaq, Monster.com, National Law Review, and Primary Opinion, 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), the Employment Law volume of the New Jersey Practice Series, and The New Wigmore: A Treatise on Evidence; mainstream media outlets such as ABC Affiliates, Asbury Park Press, CBS Affiliates, FOX Affiliates, NBC Affiliates, RT and The Wall Street Journal; academic outlets such as the Arizona State Law Journal, Beijing Law Review, Cornell University School of Industrial and Labor Relations, George Mason University’s National Security Law Journal, Hofstra Labor and Employment Law Journal, Hofstra Law Review, ILSA Journal of International and Comparative Law, New York University Annual Survey of American Law, Pace Blog, Pace Law Review, PolicyLink & University of Southern California Program for Environmental & Regional Equity, Roger Williams University Law Review, Rutgers Law Review, Seton Hall Law Health Reform Watch, Seton Hall Law Review, University of Arizona Legal Studies Discussion Paper, University of Pennsylvania Journal of Business Law, Virginia Law and Business Review, and Yale Journal of Health Policy, Law & Ethics; and H.R./legal publications such as the American Lawyer, Corporate Counsel, Daily Report, Law Technology News, and New Jersey Law Journal (ALM publications), as well as the Albuquerque Journal, American Society of Employers, Bloomberg BNA, H.R. Executive, H.R. Morning, Imperative Information Group, International Lawyer, JD Journal, JD Supra, Jurist, Law360, Lawyers.com, MCC, Overlawyered, Primary Opinion, Resolve Partners, SHRM, Social Science Research Network, Special Counsel, The Homa Files, The Precheck Blog, Today’s General Counsel, U.S. Chamber of Commerce Institute for Legal Reform, and Willis Wire.
Dan 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 All Business, Bloomberg BNA, Defense Counsel Journal, and Statistics of Discrimination, and by the law journals of Boston College, Cardozo School of Law, the College of William & Mary, Northwestern University, Ohio State University, Seton Hall University, Stanford University, the University of Arkansas at Little Rock, University of Chicago, University of Mississippi, University of Texas and University of Wisconsin, among other publications.
Dan has presented, or been published or cited, at conferences or seminars held by the Academy of Legal Studies in Business, American Bar Association, Association of Records Managers and Administrators, King County Bar Association, New Jersey Defense Association, New York State Bar Association, Proskauer’s Law and the Workplace, and Seton Hall Health Law Forum.
On the pro bono front, Dan has submitted comments on behalf of the Animal Legal Defense Fund (ALDF) to the Fish and Wildlife Service (FWS) and the National Institutes of Health (NIH) in support of ending the exploitation of captive chimpanzees in the United States. As a result of these efforts, the FWS has extended endangered species protections to chimpanzees held in captivity and the NIH will retire most of the chimpanzees used in NIH-funded biomedical research projects.
In addition, Dan has submitted comments 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, and in support of restricting experimentation on animals. He also has contributed to the ALDF Blog in support of these initiatives. In awarding Proskauer the 2014 ALDF Advancement in Animal Law Pro Bono Achievement Award, the Animal Legal Defense Fund recognized Dan for his “dedication, expertise, and commitment of pro bono hours in helping ALDF achieve its mission to protect the lives and advance the interest of animals through the legal system.”
Dan’s other pro bono matters have included working on the Iraqi Human Rights Project, partaking in Goldman Sachs’ 10,000 Small Businesses, representing the New York City Police Department, assisting on prisoners' rights issues, and submitting an amicus brief before the New Jersey Supreme Court on behalf of the Employers Association of New Jersey regarding a seminal whistleblower issue. For his commitment to pro bono work, Dan has been recognized by the New York State Bar Association Empire State Counsel Program three times and has received Proskauer’s Golden Gavel Award.
Before joining Proskauer, 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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