Daniel L. Baxter

Daniel L. Baxter: Attorney with Wilke Fleury AV stamp icon
  • Partner at Wilke Fleury
  • 400 Capitol Mall, 22nd Floor, Sacramento, CA 95814
    View Daniel L. Baxter's office location
  • For me, responsiveness and efficiency are the most important attributes in serving a client. Maintaining those standards in the highest is the commitment I make every day I come to work.
  • Peer Reviews

    4.6/5.0 (14)
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Attorney Awards


General Educational and Professional Background Mr. Baxter joined Wilke Fleury in September of 1999, and has been a partner since January of 2007. A Sacramento native, Mr. Baxter attended Del Campo High School and American River College before transferring to the University of North Carolina at Chapel Hill. There, Mr. Baxter graduated with distinction in 1996 with a B.A. in History, having been selected for the Dean's List in each semester of college. Mr. Baxter obtained his Juris Doctorate in 1999 from the University of California, Los Angeles School of Law. In law school, Mr. Baxter was one of 12 individuals selected as a Moot Court Distinguished Advocate (out of approximately 100-150 moot court participants). Also during law school, Mr. Baxter clerked with the civil law and motion departments (Depts. 53 and 54) of the Sacramento County Superior Court, where he received valuable experience in legal research and writing. Areas of EmphasisMr. Baxter's practice focuses primarily on business litigation and civil writs and appeals. During his tenure with Wilke Fleury, Mr. Baxter has served as lead and backup trial counsel before state and federal courts, as well as in binding arbitrations. He has also briefed and argued before California and federal courts of appeal on behalf of both parties and amici curiae. Mr. Baxter additionally provides general counsel to an assortment of clients ranging from non-profit organizations to small businesses to publicly-traded corporations, and has represented both management and unions in connection with labor negotiations and disputes. He has also appeared before state and local legislative and administrative bodies in support of client-sponsored legislative and regulatory enactments. Recently, Mr. Baxter obtained a multi-million dollar jury verdict in favor of plaintiffs Brian Dawe, Gary Harkins, and Flat Iron Mountain Associates against the California Correctional Peace Officers’ Association, Corrections USA, and two individual defendants for breach of contract and defamation—among other claims—stemming from a campaign of misconduct perpetrated by the defendants in 2006 and 2007. After a three month trial, the jury found in favor of Dawe, Harkins, and Flat Iron on their claims, as well as on an assortment of counterclaims made by Corrections USA. Of the $12.6 million in damages awarded to plaintiffs, over $12 million was against CCPOA, the largest correctional officers’ union in the country and a powerful force in California politics. (Dawe v. Corrections USA et al. [E.D. Cal. Case No. 2:07-CV-01790 LKK EFB].) When the defendants appealed the judgment to the United States Court of Appeals for the Ninth Circuit, Mr. Baxter handled the briefing and argument on the plaintiffs' behalf, and the district court judgment was affirmed in full as a result of those efforts. Along with colleague Tom Redmon, Mr. Baxter also recently successfully represented a Rocklin, California wood products company in a suit seeking damages arising from a faulty power generation system purchased from a Pennsylvania manufacturer. After a six week trial, the jury issued a $6 million verdict. (Pacific MDF Products, Inc. v. Advanced Recycling Equipment, Inc. et al. [E.D. Cal. Case No. 2:05-CV-0642 LKK JFM]) Mr. Baxter has had a number of reported appellate decisions, including New Cingular Wireless Servs. v. McCormick, 2010 U.S. App. LEXIS 6984 (unpublished); New Cingular Wireless Servs. v. McCormick, 2008 U.S. Dist. LEXIS 81775 (unpublished); Garlock Sealing Technologies, LLC v. NAK Sealing Technologies Corp., 148 Cal.App.4th 937 (2007); Excelsior College v. Board of Registered Nursing, 136 Cal.App.4th 1218 (2006); DeFazio v. Hollister Employee Share Ownership Trust, 406 F.Supp. 1085 (E.D. Cal. 2005); Clark v. United Emergency Animal Clinic, Inc., 390 F.3d 1124 (9th Cir. 2004); Clark v. United Emergency Animal Clinic, Inc., 2004 U.S. App. LEXIS 25049 (unpublished); Ng & Tropeano v. Choi, 2003 Cal.App. Unpub. LEXIS 9254 (unpublished); Small v. Fritz Companies, Inc., 30 Cal.4th 167 (2003); Miller v. Santa Clara County Library, 2001 U.S.App. LEXIS 26639 (unpublished). In 2012, Mr. Baxter was listed as a “Rising Star” for the fourth year in a row by the Northern California Super Lawyers Magazine. Just 2.5 percent of the lawyers in California are accorded that designation, which is bestowed following a multiphase process of peer nominations and evaluations, as well as third party research.Mr. Baxter has also written extensively. His publications include: • “All Bark and May Bite,” California Veterinarian , Vol. 56, No. 4 (July/August 2002)
• “Avoiding the Bite of Liability,” California Veterinarian , Vol. 56, No. 5 (September/October 2002)
• “You’ve Been Subpoenaed – Now What?,” California Veterinarian, Vol. 56, No. 6 (November/December 2002)
• “Duty to Warn: Related Issues,” California Veterinarian , Vol. 57, No. 1 (January/February 2003) (with Jay O’Brien)
• “Employment Agreements,” California Veterinarian , Vol. 57, No. 3 (May/June 2003)
• Mr. Baxter has written numerous publications for Wilke Fleury’s Labor and Employment Newsletter (accessible on this website under “Articles”). Mr. Baxter serves on Wilke Fleury’s Management Committee, as well, and is the firm’s strategic planning partner. From 2007 through 2011, Mr. Baxter was the firm’s hiring partner. Professional/Business/Civic Affiliations • Featured Speaker at Federation of Associations of Regulatory Boards Convention, “Local Control: Practice Act Preemption,” October 4, 2008
• Board Chairman, Teaching Everyone Animals Matter (a non-profit organization formed to assist Sacramento County Animal Care and Regulation in caring for the lost, abandoned, abused and/or neglected animals in Sacramento County)
• Local Board Member, United States Selective Service Board
• Judge Pro Tem, Sacramento County Superior Court, Small Claims Division (2005-2010)
• Phi Beta Kappa National Honor Society
• Golden Key National Honor Society
• Former Member, Milton L. Schwartz American Inn of Court Professional Licenses Mr. Baxter is admitted to practice before the courts of the State of California, the United States District Courts for the Eastern, Central, and Southern Districts of California, the United States Court of Appeals for the Ninth Circuit, and the United States Supreme Court. Personal Mr. Baxter lives in West Sacramento with his wife, Toni. In his spare time, Mr. Baxter enjoys hiking, traveling, working out, and playing cards.

Areas of Practice (2)

  • Appellate Advocacy
  • Business Litigation

Education & Credentials

Contact Information:
916-229-8403  Phone
916.441.2430  Phone
916.442.6664  Fax
University Attended:
University of North Carolina at Chapel Hill, B.A., 1996
Law School Attended:
University of California, Los Angeles, J.D., 1999
Year of First Admission:
2000, U.S. Court of Appeals, Ninth Circuit; 2004, U.S. District Court, Central District of California; 1999, U.S. District Court, Eastern District of California; 1999, California
Sacramento County Bar Association; State Bar of California.

Peer Reviews

  • 4.6/5.0 (14 reviews)
  • High ethical standing icon
  • A Martindale-Hubbell Peer Rating reflects a combination of achieving a Very High General Ethical Standards rating and a Legal Ability numerical rating.
  • Legal Knowledge

  • Analytical Capability

  • Judgment

  • Communication

  • Legal Experience

  • 5.0/5.0 Rated by a Principal on 05/12/13 in Civil Litigation

    In addition to the highest marks in all categories above, I would add that Daniel exhibits the type of stellar qualities that give trust and faith in a formidable opponent who nonetheless will treat all involved, judge, clients, opposing counsel--wit... Read more

    Read more

    In addition to the highest marks in all categories above, I would add that Daniel exhibits the type of stellar qualities that give trust and faith in a formidable opponent who nonetheless will treat all involved, judge, clients, opposing counsel--with respect and openness. He is a class act. Read less

    Read less
  • 5.0/5.0 Rated by a Judge on 04/30/13 in Civil Litigation

    Excellent writer, very conscious of ethics, very good judgment.

    Excellent writer, very conscious of ethics, very good judgment. Read less

    Read less

See All 14 Reviews »

*Peer Reviews provided before April 15, 2008 are not displayed.

Sacramento, California

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