David M. Daniels
ElGuindy, Meyer & Koegel, APC
2990 Lava Ridge Court, Suite 205
Firm Web Site: emklawyers.com
New Generation Committee - 2011 - 2013,Diversity Committee - 2012-,Mentor Committee - 2013 - 2014
Practice and Personal Background
First Chair Litigation ▪ Trials & Appeals ▪ Litigation Management Risk Management ▪ Major Cases ▪ Alternate Dispute Resolution A persuasive trial and transactional attorney with more than twenty-eight years of proven success. At home in the courtroom, the boardroom and at the negotiating table. Leads and counsels senior corporate and not-for-profit management on liability and exposure issues. A solid communicator who institutes initiatives and carries them out to create positive change, efficiency and increased profitability. Uniquely qualified as a skillful legal manager, ensuring the effective execution of a busy docket without compromising performance, effectiveness or results. A top negotiator who crafts agreements and cost-effective settlements while under pressure. Collegial and a master strategist, but a tough infighter when necessary. A state and Federal labor code and standards, employment practice and general business law expert with extensive qualifications in the following competencies: ▪ Professional Malpractice ▪ Medical Malpractice ▪ Construction Defects ▪ Product Liability ▪ Complex/Class Action Litigation ▪ Labor & Employment ▪ Arbitration & Mediation ▪ Personal Injury & Wrongful Death ▪ Commercial/Business Disputes ▪ Manufacturing& Retail Sectors Broad range of experience handling complex commercial litigation and managing litigation, setting case strategy, setting and managing case budgets, as well as managing the litigation proceedings and filings including conducting internal fact investigations, preparing and filing pleadings, handling discovery, reviewing legal briefs and preparing cases for trial and/or settlement. Professional skills include: • Advanced breadth and depth of practical and academic knowledge within the labor employment area; • Strong knowledge of Human Resources policies and procedures for any size employer; • Advanced skills and experience in negotiating or advising on complex or high value/risk matters in the labor and employment area; • Labor and employment litigation experience; • Proactive and effective communicator of valuable information to clients and colleagues: • Advanced knowledge and practical experience in advising clients on all employment decisions relating to recruiting, hiring, training, performance management, compensation, benefits and terminations; • Expert knowledge in State and Federal wage and hour laws, independent contractors and exempt/nonexempt classifications. • Participating in the defense of large corporate defendant in major consumer class action demanding $500 million. Pending litigation involving the alleged mishandling of human remains. • Defended multiple national wage and hour class actions representing Fortune 500 companies. Defeated multiple motions for class certification and resolved matter by way of summary adjudication. • Successfully defended wrongful termination claim based on pregnancy discrimination for Fortune 500 business receiving a 12-0 defense verdict. • Host and organizer of continuing legal education seminar regarding recent major wage and hour litigation in California. • Often called upon to conduct independent workplace investigations of employee complaints and/or claims of work-place discrimination, sexual harassment, unfair business practices and alleged wage and hour violations in both the private and public sectors. • Frequent speaker at annual meetings for multiple trade organizations on various legal topics including litigation avoidance, sexual harassment and workplace discrimination, employee practices and procedures, fiduciary duties and responsibilities of officers and directors and general employment practices under Federal and state law. • Speaker at annual law firm management conference for major association of defense counsel. • Representing plaintiff, obtained $300,000 jury verdict, confirmed on appeal, establishing new standard of care for "implied permission." • Successfully defended Fortune 500 company in wrongful termination case, defeating $1.5 million claim and paying only $100,000 after four-week jury trial. • Forced complete dismissal of wrongful termination claim against major corporation after three week trial. • Successfully defended building product manufacturer in major litigation, obtaining summary judgment on statute of limitations defense, creating new case law and major precedence regarding statute of limitations and equitable tolling in California. • Successfully defended building product manufacturer in major litigation where plaintiffs demanded $32 million in construction defect cost of repairs and matter settled for $900,000 after 18 week jury trial • Advised and counseled numerous non-profit organizations regarding formation and litigation avoidance. • Drafted numerous employee handbooks, policies and procedures, employee job descriptions, vendor agreements and employee contracts for non-profit and for-profit organizations throughout California. • Acted as a mediator in multiple matters involving wage and hour litigation, wrongful termination, employment discrimination, sexual harassment, personal injury, unfair business practices and breach of contract. • As co-counsel representing plaintiff in catastrophic injury case, obtained a $2.8 million settlement.
ElGuindy, Meyer & Koegel, APC