Daniel J. Martin

Daniel J. Martin: Attorney with Jones Walker LLP
  • Partner at Jones Walker LLP (362 Attorneys)
  • One Federal Place, Suite 1100, 1819 5th Ave. N, Birmingham, AL 35203
    View Daniel J. Martin's office location
  • Dan Martin has a broad litigation practice with a focus on business disputes, labor and employment matters, governmental investigations and enforcement actions, white-collar criminal defense, mortgage and consumer lending issues, and appellate matters. Mr. Martin has successfully represented clients of all sizes, from individuals to Fortune 500® companies, at the trial and appellate levels of both federal and state courts and in various alternative dispute resolution forums.
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Biography

Dan Martin is a litigator who focuses on governmental investigations and enforcement actions, white-collar criminal defense, healthcare fraud, business disputes, employment litigation, internal investigations, and appellate matters. Mr. Martin has successfully represented clients of all sizes, from individuals to Fortune 500 companies, at the trial and appellate levels of both federal and state courts and in various alternative dispute resolution forums. Before returning to his hometown of Birmingham in 2010, Mr. Martin practiced as a litigator at Dykema in Michigan.

Mr. Martin's experience includes:

•Representing businesses, trade associations, physician groups, and individuals in governmental investigations, enforcement actions, False Claims Act litigation, and white-collar criminal cases;
•Prosecuting and defending claims on behalf of individuals and companies of all sizes in cases involving claims of breach of contract, breach of warranty, copyright infringement, real property disputes, fraud, tortious interference, and wrongful death;
•Representing management interests in labor and employment claims such as discrimination, wrongful discharge, retaliation and violations of whistleblowers' protection laws, breach of commissions agreements, tortious misconduct, breach of non-compete and non-solicitation agreements, tort and fraud liability under a respondeat superior theory, and misappropriation of trade secrets;
•Defending national and regional banks and their affiliated entities in individual and class action cases involving allegations of mortgage fraud, wrongful foreclosure, breach of contract, breach of fiduciary duties, and violations of consumer protection statutes such as TILA and FDCPA;
•Prosecuting and defending claims on behalf of state agencies and public utility companies in matters involving constitutional law, regulatory compliance, franchise and local government consent requirements, and issues relating to rates;
•Defending pharmaceutical companies in mass tort/class action cases alleging fraud, failure to warn, and off-label marketing; and
•Appellate work in numerous federal and state court cases covering a vast array of subject matter areas ranging from wrongful termination to a $589 million dispute between a state agency and a public utility.

Noteworthy

•Named a Rising Star in the 2017 edition of Mid-South Super Lawyers in the areas of General Litigation, White Collar Criminal Defense, and Employment Litigation (listed annually since 2014)
•Award for Excellence in Trial Advocacy-International Academy of Trial Lawyers

News

•Jones Walker LLP Announces New Partners and Board Members
•Jones Walker LLP Attorneys in Alabama and Mississippi Recognized in the 2016 Mid-South Super Lawyers List
•Martin Featured Speaker at MGMA Meeting
•Dan Martin to Serve as Co-Presenter at Alabama State Bar CLE Event
•Dan Martin to Serve as Moderator for Alabama Bar Association White Collar Crime Committee Event
•Greaves and Martin Obtain Victory for Wholesale Grocer Client at Trial

Presentations

• Responding to Civil and Criminal Healthcare Fraud Investigations and Enforcement Activities , October 11, 2017, Marshall County Medical Group Management Association
• Practical Legal Advice for Dealing with Health Care Fraud Enforcement , June 21, 2016, Etowah County Medical Group Management Association
• Best Practices in Defending False Claims Act Investigations and Lawsuits , February 18, 2016
•Jones Walker Annual Birmingham Labor and Employment Seminar, October 8, 2015
• Recent Developments Related to False Claims Act & Qui Tam Actions in the Health Care Industry , August 7, 2015
• The Federal Bench Speaks on White Collar Issues (Panel Moderator), June 26, 2015

Areas of Practice (11)

  • Antitrust and Unfair Competition
  • Appellate Practice
  • Business Disputes
  • Commercial Litigation
  • Employment Counseling
  • Employment Litigation
  • Labor and Employment
  • Litigation
  • Products Liability
  • Corporate Compliance
  • White Collar Defense

Education & Credentials

Contact Information:
205.244.5307  Phone
205.244.5508  Fax
www.joneswalker.com
University Attended:
University of California, Los Angeles, UCLA B.A., 2000
Law School Attended:
University of Notre Dame Law School, J.D., cum laude, 2004
Year of First admission:
2004
Admission:
2004, Michigan; 2011, Alabama; 6th Cir.; W.D. Mich.; M.D. Ala.; N.D. Ala.; S.D. Ala.; E.D. Mich.
Memberships:

Memberships

Professional
•Alabama State Bar (Member, White Collar Crime Committee of the Criminal Justice Section)
•American Bar Association
•Birmingham Bar Association
•National Association of Criminal Defense Lawyers
•State Bar of Michigan

Community

•Leadership Vestavia Hills (Member, Class of 2013)
•Notre Dame Club of Northern Alabama
•St. Mark the Evangelist Catholic Church
•Vestavia Hills Soccer Club (Youth Coach)
•Vestavia Hills United Methodist Church (Member, Staff-Parish Relations Committee; Member, Day School Board)

Reported Cases:
Representative Matters: Represented an anesthesiologist in a three-week jury trial in federal court in a case in which the doctor was defending allegations of sexual battery.; Ongoing representation of radio broadcast company in a suit against former managers and a competitor for their conspiracy to unfairly compete and tortiously interfere with client's employee and customer relationships.; Ongoing defense of a medical director in a False Claims Act healthcare fraud case involving allegations related to orders for home health services.; Ongoing defense of a medical marketing company in a False Claims Act qui tam (whistleblower) action.; Represented physician and physician practice in defense of allegations of intentional false diagnoses. The case began with an FBI visit and a grand jury subpoena. After conducting a year-long investigation, the Department of Justice concluded that the physician was intentionally injecting toxic material into the necks of vulnerable patients for the sole purpose of generating profit. After litigating against the United States for nearly four years, no criminal case was pursued and the government settled its civil False Claims Act complaint against the physician and physician practice for less than the alleged single damages, with no admission of liability and no exclusion from participation in Medicare/Medicaid.; Represented a medical technology company that was a target in a white-collar criminal investigation being conducted by the United States Attorney's Office in Boston, Massachusetts. After a proffer of management, the government did not pursue any claims.; Defended a large physician practice in an investigation by the Department of Justice and HHS/OIG and in a subsequent False Claims Act action in which the United States intervened. The initial complaint alleged damages in excess of $500 million based on billing that allegedly violated the Stark Law and the Anti-Kickback Statute. The government settled the claims just before trial in a settlement that involved no admission of liability and no payment by the physician practice.; Defended physician practice in a whistleblower retaliation action brought under the False Claims Act. The claims were dismissed with prejudice pursuant to a settlement.; Trial victory in Jefferson County Circuit Court in defense of a wholesale grocer in an action alleging that the grocer caused the plaintiff's permanently disabling injuries. The Alabama Court of Civil Appeals affirmed.; Defended a nursing home organization in an investigation by HUD enforcement. HUD enforcement accused the organization of equity skimming $1.6 million from a HUD loan project and they gave notice of their intent to have the OIG refer the matter to the Department of Justice for prosecution. After in-depth analysis of a decade of financial records, a presentation was made to HUD enforcement, which resulted in HUD concluding that no equity skimming had occurred and what had been viewed as improper distributions were merely improper accounting entries.; Represented an individual in a white-collar criminal action involving a claim of conspiracy to defraud the United States.; Defended an operator of a Job Corps site from 40 lawsuits by Job Corps students alleging fraud and breach of contract.; Defense of a physician practice and its management against claims of malicious prosecution brought by a former employee. Obtained summary judgment on behalf of all four defendants.; Represented a bank in a putative class action in federal district court. Plaintiffs alleged that the bank violated the Truth in Lending Act each time that the bank received an assignment of mortgage as a loan servicer but did not notify the borrower that the bank was the new owner of the loan. The court granted the bank's motion for summary judgment on grounds that the bank fell within a safe harbor of TILA.; Defended a professional association in a FTC investigation into alleged anticompetitive conduct including alleged allocation of market and concerted refusal to deal. After concluding its investigation the FTC determined that no additional action was warranted and no claims would be pursued.; Represented a defendant in federal district court action in which it was alleged that their television series infringed upon the plaintiff's copyrighted novels. Obtained dismissal of all claims on grounds of lack of substantial similarity.; Represented an automotive manufacturer in an action by an employee who argued that his workplace injuries resulted from an intentional tort and thus that he could recover against the defendant despite the exclusive remedy provision of the Worker's Disability Compensation Act. The Court of Appeals affirmed a dismissal of the employee's claim and the Michigan Supreme Court denied leave to appeal.; Acted as Special Attorney General representing a public entity in a combined appeal to the Michigan Supreme Court. The appeal presented questions of statutory interpretation, public utility jurisdiction, and constitutional issues of separation of powers and involved an amount in controversy of approximately $589 million. The client prevailed on both appeals, obtaining an affirmance of a favorable Court of Appeals ruling and a reversal of an unfavorable Court of Appeals ruling.; Representation of a defendant in the Michigan Court of Appeals and Supreme Court in an action brought by a municipality in an effort to prevent the construction of a petroleum pipeline within the city's borders. The Court of Appeals issued an opinion finding in favor of the defendant and the Michigan Supreme Court then denied leave to appeal.; Representation of a plaintiff title insurer in a mortgage fraud action against two defrauders and a closing and escrow company. The trial court awarded the plaintiff a judgment of approximately $1.7 million.; Defended a Fortune 500 company in a DOJ investigation into alleged anticompetitive conduct including alleged horizontal price-fixing. After concluding its investigation the DOJ did not pursue any charges.; Representation of an electric transmission company in the Michigan Supreme Court in an action brought by the City of Taylor in an attempt to enforce an ordinance that unilaterally ordered utilities to move facilities underground. The Court issued an opinion finding that the City of Taylor's constitutional authority to control its streets did not support the validity of the ordinance in question.; Representation of a plaintiff development company in a suit in federal district court arising from the defendant's attempt to terminate the plaintiff's easement over a parking lot owned by the defendant. Without access to the parking the plaintiff would suffer damages in excess of $1 million. The Court granted the plaintiff's motion for summary judgment on counts of quiet title and slander of title and awarded plaintiff attorneys' fees based on a showing that the defendant acted with malice.; Representation of a defendant municipal utility that was sued by a former employee for discrimination and wrongful termination. Plaintiff sought damages in excess of $1 million. The Circuit Court granted the defendant summary disposition and the Court of Appeals affirmed.
ISLN:
918004916

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