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Daniel A. Feinstein is a partner in the Labor & Employment Practice Group of Davis & Gilbert.  Mr. Feinstein has extensive experience working with corporate clients to find cost-effective business solutions to employment issues.  He regularly advises and counsels clients on a broad range of employment matters, including terminations, reductions in force, disciplinary actions, sexual harassment and other workplace investigations, whistleblower complaints, employee privacy issues, restrictive covenants, wage and hour issues and employment policies.  In addition, he represents employers in wrongful termination and other employment disputes in both federal and state courts, as well as before federal, state and local employment-rights agencies in race, sex, age, disability and other discrimination cases.

Mr. Feinstein has also obtained numerous favorable rulings on behalf of the firm's clients in non-compete, trade secret and related restrictive covenant litigations in various industries, including financial services, advertising and market research.

In addition, Mr. Feinstein has substantial experience negotiating and drafting sophisticated employment agreements and separation agreements on behalf of both companies and executives.  He also frequently provides seminars to clients on employment issues, including sexual harassment and other preventative management strategies.

Mr. Feinstein has been identified as a "Recognised Practitioner" in the labor & employment category in New York by Chambers USA: America's Leading Lawyers for Business for two consecutive years (2016-2017). He has also been recognized by The Legal 500 United States in the area of labor and employment: workplace and employment counseling for five consecutive years (2013-2017). In addition, Mr. Feinstein has been selected as a Super Lawyer by New York Metro Super Lawyers (2013-2017).

REPRESENTATIVE ENGAGEMENTS

  • Successfully obtained injunctive relief on behalf of an advertising agency in an action against a former executive seeking to enforce restrictive covenants.
  • Defended a global market research company and two of its employees in an action to enforce non-competition restrictions.  The case was successfully settled.
  • Represented a group of financial services professionals who sought to resign from a major financial services firm and work for a competitor.  Successfully to develop a strategy and counseled the professionals on how to effectuate the transition without a lawsuit.
  • Represented a global advertising agency against discrimination and breach of contract claims by a senior executive.   The case was successfully settled.
  • Successfully settled at mediation wage and hour and other claims brought by a former independent contractor against a large media company.

SPEAKING ENGAGEMENTS

"Employee Discrimination and Harassment Complaints: Best Practices for Conducting Effective Internal Investigations," Davis & Gilbert Labor & Employment Seminar, December 2016

"Best Practices for Preventing Employee Harassment and Reducing Legal Liability," Los Angeles Agency HR Professionals Meeting, September 10, 2015

"Best Practices for Preventing Employee Harassment and Reducing Legal Liability," Five O’Clock Club’s HR Network Breakfast Seminar, February 13, 2015

"Managing Health-Related Requests for Accommodation and Leaves of Absence," Davis & Gilbert Labor & Employment Seminar, February 2014

"Retaliation: Strategies For Avoiding Today’s Most Popular EEOC Charge," The Five O’Clock Club’s 60th HR Network Breakfast Seminar, January 31, 2014

"Hostile Work Environment, Health Care Reform, and New Legal Developments Impacting Your Daily HR Practice," Davis & Gilbert Labor & Employment Seminar, May 2013

"Ripped from the Headlines: Key HR News," Davis & Gilbert Labor & Employment Seminar, July 2012

"The Changing Environment: How Recent Legal Changes Can Impact Your Policies, Procedures and Requirements," Davis & Gilbert Labor & Employment Seminar, November 2011

"Recent Developments in Whistleblower Protection Laws, " NELA New York City Conference on Representing Employees, May 20, 2011

"Restrictive Covenants: An Effective Sword and Shield," Davis & Gilbert Labor & Employment Seminar, March 2011

"Fair Labor Standards Act: Demystifying Classifications," Davis & Gilbert Labor & Employment Seminar, July 2010

"Exploring and Dealing with Termination and Retaliation," Marcus Evans’ 2nd Annual Employment and Labor Law Conference, June 7-8, 2010

"What You Need to Know about Current Developments in Employment Law," Retaliation and Harassment - New Judicial Guidance, Davis & Gilbert Seminar, April 2009

"What You Need to Know about Current Developments in Employment Law," Reductions in Force and the New York WARN Act, Davis & Gilbert Labor & Employment Seminar, January 2009

PUBLICATIONS

Co-Author, "New York State Adopts Final Paid Family Leave Regulations," D&G Labor & Employment Alert, July 2017

Co-Author, "New Rights and Obligations for Employers Under the Defend Trade Secrets Act," D&G Labor & Employment Alert, May 2016

Co-Author, "Department of Labor Issues Guidance on Misclassification of Employees as Independent Contractors," D&G Labor & Employment Alert, July 2015

Co-Author, "Limitation on How Employers May Use Criminal History Information in San Francisco," D&G Labor & Employment Alert, May 2015

Co-Author, "Strategic Responses to the Whistleblower Provisions of the Dodd-Frank Act," Financial Fraud Law Report, March 2011

Co-Author, "Dodd-Frank Expands Federal Whistleblower Protections," D&G Corporate Alert, August 2010

Co-Author, “NY Court Enforces Restrictive Covenant and Liquidated Damages,” D&G Legal Development Alert, June 16, 2008

Co-Author, "Employment Roundtable: Updates in Discrimination Law," The Metropolitan Corporate Counsel, November 2006

Co-Author, "The Background on Background Checks," Talentzoo.com, May 2004

Co-Author, "Recent Developments In Employment Law," The Metropolitan Corporate Counsel, April 2004

PRESS

Quoted, The Firm Voice, "Client Relations Conundrum: Embedding Employees at Clients-the Risks, Rewards and Best Practices," by Roxanna Guilford-Blake, November 12, 2008

PROFESSIONAL MEMBERSHIPS/AFFILIATIONS

American Bar Association, Labor & Employment Section

BAR ADMISSIONS

New York
U.S. District Court, Southern and Eastern Districts of New York

EDUCATION

Fordham University, J.D., 1996
Cornell University, B.S., 1992


The Legal 500 - The Clients Guide to Law Firms

REPRESENTATIVE ENGAGEMENTS

  • Successfully obtained injunctive relief on behalf of an advertising agency in an action against a former executive seeking to enforce restrictive covenants.
  • Defended a global market research company and two of its employees in an action to enforce non-competition restrictions.  The case was successfully settled.
  • Represented a group of financial services professionals who sought to resign from a major financial services firm and work for a competitor.  Successfully to develop a strategy and counseled the professionals on how to effectuate the transition without a lawsuit.
  • Represented a global advertising agency against discrimination and breach of contract claims by a senior executive.   The case was successfully settled.
  • Successfully settled at mediation wage and hour and other claims brought by a former independent contractor against a large media company.

SPEAKING ENGAGEMENTS

"Employee Discrimination and Harassment Complaints: Best Practices for Conducting Effective Internal Investigations," Davis & Gilbert Labor & Employment Seminar, December 2016

"Best Practices for Preventing Employee Harassment and Reducing Legal Liability," Los Angeles Agency HR Professionals Meeting, September 10, 2015

"Best Practices for Preventing Employee Harassment and Reducing Legal Liability," Five O’Clock Club’s HR Network Breakfast Seminar, February 13, 2015

"Managing Health-Related Requests for Accommodation and Leaves of Absence," Davis & Gilbert Labor & Employment Seminar, February 2014

"Retaliation: Strategies For Avoiding Today’s Most Popular EEOC Charge," The Five O’Clock Club’s 60th HR Network Breakfast Seminar, January 31, 2014

"Hostile Work Environment, Health Care Reform, and New Legal Developments Impacting Your Daily HR Practice," Davis & Gilbert Labor & Employment Seminar, May 2013

"Ripped from the Headlines: Key HR News," Davis & Gilbert Labor & Employment Seminar, July 2012

"The Changing Environment: How Recent Legal Changes Can Impact Your Policies, Procedures and Requirements," Davis & Gilbert Labor & Employment Seminar, November 2011

"Recent Developments in Whistleblower Protection Laws, " NELA New York City Conference on Representing Employees, May 20, 2011

"Restrictive Covenants: An Effective Sword and Shield," Davis & Gilbert Labor & Employment Seminar, March 2011

"Fair Labor Standards Act: Demystifying Classifications," Davis & Gilbert Labor & Employment Seminar, July 2010

"Exploring and Dealing with Termination and Retaliation," Marcus Evans’ 2nd Annual Employment and Labor Law Conference, June 7-8, 2010

"What You Need to Know about Current Developments in Employment Law," Retaliation and Harassment - New Judicial Guidance, Davis & Gilbert Seminar, April 2009

"What You Need to Know about Current Developments in Employment Law," Reductions in Force and the New York WARN Act, Davis & Gilbert Labor & Employment Seminar, January 2009

PUBLICATIONS

Co-Author, "New York State Adopts Final Paid Family Leave Regulations," D&G Labor & Employment Alert, July 2017

Co-Author, "New Rights and Obligations for Employers Under the Defend Trade Secrets Act," D&G Labor & Employment Alert, May 2016

Co-Author, "Department of Labor Issues Guidance on Misclassification of Employees as Independent Contractors," D&G Labor & Employment Alert, July 2015

Co-Author, "Limitation on How Employers May Use Criminal History Information in San Francisco," D&G Labor & Employment Alert, May 2015

Co-Author, "Strategic Responses to the Whistleblower Provisions of the Dodd-Frank Act," Financial Fraud Law Report, March 2011

Co-Author, "Dodd-Frank Expands Federal Whistleblower Protections," D&G Corporate Alert, August 2010

Co-Author, “NY Court Enforces Restrictive Covenant and Liquidated Damages,” D&G Legal Development Alert, June 16, 2008

Co-Author, "Employment Roundtable: Updates in Discrimination Law," The Metropolitan Corporate Counsel, November 2006

Co-Author, "The Background on Background Checks," Talentzoo.com, May 2004

Co-Author, "Recent Developments In Employment Law," The Metropolitan Corporate Counsel, April 2004

PRESS

Quoted, The Firm Voice, "Client Relations Conundrum: Embedding Employees at Clients-the Risks, Rewards and Best Practices," by Roxanna Guilford-Blake, November 12, 2008

PROFESSIONAL MEMBERSHIPS/AFFILIATIONS

American Bar Association, Labor & Employment Section

BAR ADMISSIONS

New York
U.S. District Court, Southern and Eastern Districts of New York

EDUCATION

Fordham University, J.D., 1996
Cornell University, B.S., 1992


The Legal 500 - The Clients Guide to Law Firms