Professional Experience
Daniel L. Schwartz is the Chair of Day Pitney's Labor and Employment department. Dan defends employers in a wide variety of litigation matters, including but not limited to claims for wrongful termination, discrimination, harassment, invasion of privacy, breach of contract, whistleblower retaliation, violation of wage statutes and infliction of emotional distress. He also represents companies and individuals in injunction hearings arising from and related to non-competition/non-solicitation/non-disclosure obligations. In conjunction with his active litigation practice, Dan counsels and advises employers on hiring procedures, employment contracts, employee handbooks, internal investigations, accommodation of disabilities, harassment prevention, termination procedures, and a variety of other matters. In addition, Dan represents broker-dealers, investment advisors and registered representatives in litigation and/or FINRA arbitrations involving allegations of unsuitability, misrepresentation, defamation, negligent supervision, and related claims.
Dan's practice publishes Day Pitney's Employer's Law Blog (www.EmployersLawBlog.com), a weblog that presents the latest news in labor, employment, and employee benefits law.
Representative Matters
· Successfully defended investment advisor at a hearing where former senior executives sought a pre-judgment remedy of $20 million
· Obtained summary judgment in federal district court and an affirmance from the Second Circuit Court of Appeals in a case where a terminated employee alleged discrimination based on his disability of alcoholism
· Obtained jury verdicts in favor of defendant employers in several different age, race and gender discrimination cases
· Obtained temporary restraining orders and/or preliminary injunctions in several different matters to prevent former employees from breaching non-competition and/or non-solicitation agreements
· Represented employer before the Second Circuit Court of Appeals in a case where the Court reversed a jury verdict of $400,000 for the terminated employee and directed judgment in favor of the employer
· Obtained a finding of no liability from an American Arbitration Association panel on behalf of the defendant employer where the plaintiff former CEO sought in excess of $9 million in additional stock options and restricted stock
· Successfully defended a large manufacturer at a CHRO hearing where the claimant alleged a sexually hostile work environment
· Obtained no liability decisions from FINRA arbitration panels in several different cases alleging claims of unsuitable investment advice, negligent supervision, and/or misrepresentation and seeking in excess of $1 million in damages
News, Publications & Presentations
· Author, "Wage Theft Statutes and Written Employee Notice Requirements," Day Pitney Nonprofit Newsletter, Spring 2012
· Speaker, "Social Media Webinar for Broker-Dealers and Investment Advisers," Day Pitney Webinar, March 13, 2012
· Speaker, "Social and Digital Media 2012," AccessCircles, February 28, 2012
· Quoted, "Anti-Discrimination Agency Streamlines Process," Connecticut Law Tribune, October 31, 2011
· Featured, "Fifty Day Pitney Attorneys Recognized as Super Lawyers," Day Pitney Press Release, October 24, 2011
· Featured, "Seventy-two Day Pitney Lawyers Named to Best Lawyers List for 2012," Day Pitney Press Release, October 4, 2011
· Quoted, "Gender Identity Law Poses Challenge For Employers," Connecticut Law Tribune, October 3, 2011
· Speaker, "Annual Labor and Employment Conference," Day Pitney Webinar, September 28, 2011
· Co-author, "Governor Signs Act Regarding the Connecticut Commission on Human Rights and Opportunities," Day Pitney Alert, July 21, 2011
· Co-author, "Supreme Court Decertifies Wal-Mart Class," Day Pitney Alert, June 21, 2011
· Speaker, "Annual Labor and Employment Conference," Day Pitney Seminar, New York, NY, June 15, 2011
· Featured, "Chambers USA 2011 Names 45 Day Pitney Attorneys as 'Leading Lawyers for Business'," Day Pitney Press Release, June 10, 2011
· Speaker, "Annual Labor and Employment Conference," Day Pitney Seminar, Parsippany, NJ, June 8, 2011
· Speaker, "Annual Labor and Employment Conference," Day Pitney Seminar, Hartford, CT, June 1, 2011
· Co-author, "Supreme Court Holds That 'Cat's Paw' Can Create Liability for Employers," Day Pitney Alert, March 4, 2011
· Featured, "Fifty-seven Day Pitney Attorneys Recognized as Super Lawyers; Six Additional Lawyers Recognized as 'Rising Stars'," Day Pitney Press Release, November 12, 2010
· Featured, "Seventy-six Day Pitney Lawyers Named to Best Lawyers for 2011," Day Pitney Press Release, August 9, 2010
· Featured, "Chambers USA 2010 Names 40 Day Pitney Partners as 'Leading Lawyers for Business,'" Day Pitney Press Release, June 11, 2010
· Co-author, "New Laws Enhance Workplace Protections for Family Violence Victims and Require Employers to Provide Leave," Day Pitney Alert, June 8, 2010
· Co-author, "Connecticut and Federal Legislation Focuses on Worker Misclassification," Day Pitney Alert, April 28, 2010
· Featured, "Ten Day Pitney Partners Named Top Attorneys in Corporate Litigation," Day Pitney Press Release, March 10, 2010
· Featured, "Absenteeism Trumps ADA Protections for Alcoholism," Law360, December 14, 2009
· Featured, "Fifty-six Day Pitney Partners Recognized as New England Super Lawyers," Day Pitney Press Release, October 30, 2009
· Featured, "Seventy-seven Day Pitney Partners Named to Best Lawyers 2010," Day Pitney Press Release, July 30, 2009
· Featured, "Day Pitney Partners Named 'Leading Lawyers for Business' by Chambers USA 2009," Day Pitney Press Release, June 16, 2009
· Speaker, "Annual Labor and Employment Conference," Day Pitney Seminar, Hartford, CT, May 19, 2009
· Featured, "75 Day Pitney Partners Named Among The Best Lawyers in America® 2009 Ranked #1 in New Jersey and #2 in Connecticut," Day Pitney Press Release, December 11, 2008
· Featured, "Chambers USA 2008 Ranks 39 Day Pitney Attorneys as Leaders in Their Fields," Day Pitney Press Release, July 22, 2008
· Co-author, "Distressing Developments in Termination Cases," Connecticut Law Tribute, April 2007
· "New Overtime Regulations Require Employers To Take Prompt Action," DBH Alert, April 26, 2004
· "DOL Proposes Significant Revisions to Regulations on Overtime Pay," DBH Alert, April 4, 2003
· "New Connecticut Law Concerning Employees' Criminal History and Crime Victim Status," DBH Alert, September 25, 2002
· "Resolving the References Dilemma," Connecticut Law Tribune, Labor & Employment Law Supplement, October 1999
· "Corporate Solutions for Invisible Employee Ailments," Connecticut Law Tribune, Labor & Employment Law Supplement, October 1999
Professional Affiliations
· American Bar Association
· Fairfield County Bar Association
· U.S. District Court, District of Connecticut Special Master
· 2001 Fairfield County Leadership Program
Awards and Achievements
· Chosen for inclusion in the Chambers USA Legal Directory, 2005-2011
· Recognized as a Connecticut Super Lawyer, 2006-2011/2012
· Recognized as a Super Lawyer, Corporate Counsel edition, 2010
· Chosen for inclusion in The Best Lawyers in America, Labor and Employment Law, 2006-2012
· Former federal court law clerk, 1988-89
(Also at New York, New York Office)