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Daniel A. Feinstein is co-chair of the Labor & Employment Practice Group of Davis & Gilbert.  Mr. Feinstein has extensive experience working with corporate clients to find practical and 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 “Recognized Practitioner” for labor & employment by Chambers USA: America's Leading Lawyers for Business for three consecutive years (2016-2018). He has also been recognized by The Legal 500 United States in the area of labor and employment: workplace and employment counseling for nine consecutive years (2013-2021). In addition, Mr. Feinstein has been selected as a Super Lawyer by New York Metro Super Lawyers (2013-2020).

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

COVID-19 Employment Webinar,” Cerity Partners Webinar, April 16, 2020

"Non-Competes, Non-Solicitation Restrictions and Confidentiality Agreements: Recent Legal Developments and Best Practices," Davis & Gilbert Counsel 2U®: Labor & Employment Seminar, February 2020

"Bracing for Change: A Compliance Check to Ensure You're Prepared for Changes in New York Employment Law," Davis & Gilbert Labor & Employment Seminar, October 2018

PUBLICATIONS

Co-Author, "New CA Law Expands Requirements for Providing Family and Medical Leave," D&G Labor & Employment Alert, November 2020

Co-Author, "U.S. DOL Issues Additional Guidance on COVID-19 and FLSA, FMLA and FFCRA Rules," D&G Labor & Employment Alert, August 2020

Co-Author, "California and New York Ban Workplace Hair Discrimination, While New Jersey and Michigan Propose the Same," D&G Labor & Employment Alert, July 2019

Co-Author, "New York City Law Requiring "Cooperative Dialogue" for Reasonable Accommodation Requests Goes into Effect on October 15, 2018," D&G Labor & Employment Alert, October 2018

Co-Author, "DOL Updates Test for Unpaid Interns and Students Under the FLSA," D&G Labor & Employment Alert, January 2018

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

PRESS

Quoted, Yahoo! Money, "Coronavirus: What American Workers Should Know About Their Rights as the Economy Reopens," May 13, 2020

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


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

COVID-19 Employment Webinar,” Cerity Partners Webinar, April 16, 2020

"Non-Competes, Non-Solicitation Restrictions and Confidentiality Agreements: Recent Legal Developments and Best Practices," Davis & Gilbert Counsel 2U®: Labor & Employment Seminar, February 2020

"Bracing for Change: A Compliance Check to Ensure You're Prepared for Changes in New York Employment Law," Davis & Gilbert Labor & Employment Seminar, October 2018

PUBLICATIONS

Co-Author, "New CA Law Expands Requirements for Providing Family and Medical Leave," D&G Labor & Employment Alert, November 2020

Co-Author, "U.S. DOL Issues Additional Guidance on COVID-19 and FLSA, FMLA and FFCRA Rules," D&G Labor & Employment Alert, August 2020

Co-Author, "California and New York Ban Workplace Hair Discrimination, While New Jersey and Michigan Propose the Same," D&G Labor & Employment Alert, July 2019

Co-Author, "New York City Law Requiring "Cooperative Dialogue" for Reasonable Accommodation Requests Goes into Effect on October 15, 2018," D&G Labor & Employment Alert, October 2018

Co-Author, "DOL Updates Test for Unpaid Interns and Students Under the FLSA," D&G Labor & Employment Alert, January 2018

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

PRESS

Quoted, Yahoo! Money, "Coronavirus: What American Workers Should Know About Their Rights as the Economy Reopens," May 13, 2020

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