Daniel J. Guttman

Partner

Columbus
T 614.462.4740  |  F 614.462.2616
"Thorough, very professional and very timely in his response" "...one of the most driven people I know - he is committed to positive outcomes."
— Chambers USA 2014

Dan Guttman represents private and public entities in a variety of litigation, internal investigation, risk management, and traditional labor matters. His clients range from Fortune 500 companies to entrepreneurs to sophisticated political subdivisions. He currently serves as retained general or special counsel for several clients, advising on both transactional and day-to-day issues. Dan's engagements include protecting important business interests involving noncompetes and trade secrets, handling sensitive internal investigations involving discrimination, harassment, and retaliation allegations, as well as high-stakes litigated matters such as class action defense. Dan also has extensive traditional labor experience. He serves as lead spokesperson at the collective bargaining table and represents management in arbitrations, hearings, and organizational campaigns. He regularly assists in-house counsel and human resources professionals on a wide variety of issues, including compliance assessments before problems arise.

Dan is listed in Chambers USA: America's Leading Lawyers for Business in the area of Labor and Employment, and is also named in The Best Lawyers in America© for Litigation – Labor and Employment. Within the firm, Dan serves as the Hiring Partner and Business Development Leader of the Columbus office.

Select Experience

Litigation
  • Representation of national specialty hospital business and regional physician group in a five-year, multistate litigation with millions of dollars in potential damages. As lead counsel, secured a summary judgment victory.
Discrimination, Harassment and Retaliation Defense
  • Conducts internal investigations, advises management, and defends against claims of discrimination (including sex, race, age, national origin, "whistleblower," FMLA, pregnancy, and disability), sexual and racial harassment, retaliation, and wrongful termination. Also litigated claims of individual government employee and government entity liability.
Traditional Labor
  • Served as chief negotiator for approximately 100 collective bargaining negotiations, including high-stakes first contracts or successor negotiations involving a restructuring of the labor-management relationship.
Employment and Business Counsel
  • Guided clients through workforce re-organization and reduction, including mass layoffs, from the initial planning phase to developing severance programs and securing releases and waivers.
More »

Experience

Litigation
  • Representation of national specialty hospital business and regional physician group in a five-year, multistate litigation with millions of dollars in potential damages. As lead counsel, secured a summary judgment victory.
  • Defended the deposition of the general counsel, protected attorney-client privilege, and dismissed wrongful termination, breach of contract, and indemnification claims.
  • As lead counsel, defending a putative class action seeking injunctive relief and damages under the FMLA on behalf of classes of more than 400 union and non-union employees.
  • As trial lawyer, successfully protected client's business model by preventing an injunction and declaratory judgment seeking to invalidate client's restrictive covenants. The case was dismissed with prejudice.
  • As trial lawyer representing a Fortune 500 client, won a temporary restraining order and permanent injunction preventing a former top executive from working for a main competitor. Injunction focused upon the protection of trade secrets and confidential information. Successfully settled all claims post injunction.
  • As trial lawyer, led a cross-office team in a corporate raiding case on behalf of a Fortune 500 client against a chief international competitor. Obtained a permanent injunction in federal court protecting the client’s trade secrets, personnel, clients, and confidential information. Used an aggressive strategy, obtaining discovery of thousands of critical documents stored internationally from Canada and Europe and deposing the rival company's CEO, along with its European Sales Director.
Discrimination, Harassment, and Retaliation Defense
  • Conducts internal investigations, advises management, and defends against claims of discrimination (including sex, race, age, national origin, "whistleblower," FMLA, pregnancy, and disability), sexual and racial harassment, retaliation, and wrongful termination. Also litigated claims of individual government employee and government entity liability.
  • As lead counsel, obtained summary judgment in an FMLA interference and retaliation lawsuit involving complex legal questions that had not previously been addressed by federal courts. Argued that the employer had the right to provisionally approve FMLA leave and seek recertification after employee, who was approved for intermittent FMLA leave for several years, incurred a disproportionate number of Monday and Friday absences.
  • Comfortable resolving all types of employment discrimination, harassment, and retaliation claims, and related issues by using negotiation and mediation where early resolution makes business sense.
Traditional Labor
  • Served as chief negotiator for approximately 100 collective bargaining negotiations, including high-stakes first contracts or successor negotiations involving a restructuring of the labor-management relationship.
  • Served as first chair trial lawyer in more than 50 cases before the American Arbitration Association and the Federal Mediation and Conciliation Service, winning 90 percent of these decisions.
  • Represented management in organizational campaigns and petitions for a wide variety of private companies and public employers. Represented management in unfair labor practice situations, grievance hearings, and "day-to-day" contract administration.
Employment and Business Counsel
  • Guided clients through workforce re-organization and reduction, including mass layoffs, from the initial planning phase to developing severance programs and securing releases and waivers.
  • Negotiated and drafted employment agreements, incentive and executive compensation arrangements, and separation packages covering a range of employees.
  • Designated counsel for litigation and workplace matters for one of the largest creditor's rights service companies and for a national consortium of creditor's rights service companies.
  • Delivered training on human resources and labor relations issues specific to the financial service, healthcare, retail, distribution, transit and transportation, construction, customer service, safety, and emergency medical industries.
  • Provides guidance to successfully prevent and/or resolve legal violations. This includes advising employers and/or training on federal and state employment law, including hiring and termination practices, employee discipline, whistleblower concerns, the development of policies and employee handbooks, FMLA, wage and hour, drug testing, FCRA/FACTA and background checks, and workplace safety.
  • Counsel to municipalities, airport and regional transit authorities, county sheriff’s office, townships, Councils of Government, personnel appeals boards of review, civil service commissions, and other public and quasi-public bodies. For many of these entities, regularly retained as general counsel, special counsel, or dedicated labor and employment counsel.
  • Advised Fortune 1000 retailer with post-merger electronic communication, email retention, and BYOD policy integration. 
  • As a member of BakerHostetler's Privacy & Data Protection Team, experienced in emerging workplace issues such as data privacy, social media, BYOD, electronic surveillance, and related issues of discipline. Contributor to BakerHostetler's Data Privacy Monitor blog.

Recognitions

  • Guttman, Daniel JChambers USA: Labor & Employment in Ohio (2014)
  • The Best Lawyers in America (2014 to 2015)
    Copyright 2013 by Woodward/White, Inc., of Aiken, SC
    • Litigation—Labor and Employment
  • Ohio Super Lawyers "Rising Star" (2006, 2007, 2009, and 2010)
  • Columbus Business First: "Forty Under 40" Emerging Business Leader 
  • The Ohio State Journal On Dispute Resolution: Outstanding Managing Editor Award

Memberships

  • The Ohio State University Moritz College of Law: National Council of Advisors
  • Ohio Public Employer Labor Relations Association: Statewide Legislative Committee
  • The Ohio State University Fisher College of Business: Guest Lecturer
  • The Ohio State Journal On Dispute Resolution: Managing Editor

Services

Admissions

  • U.S. Court of Appeals, Sixth Circuit
  • U.S. District Court, Southern District of Ohio
  • Ohio

Education

  • J.D., The Ohio State University Michael E. Moritz College of Law, 1997
  • B.A., Indiana University, 1994

Blog

In The Blogs

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Data Privacy Monitor
When Acting to Prevent Data Breaches and Comply with Privacy Laws, Remember Overarching Employee Rights
August 26, 2014
The grocery business may be “fresh and easy,” but drafting a confidentiality and data protection policy that withstands the scrutiny of the current National Labor Relations Board (NLRB) is not.  The NLRB, in its recent 2-1 Fresh & Easy...
Read More ->
Data Privacy Monitor
Secret Service Raises Warning About Backoff POS Malware
August 25, 2014
The Secret Service, which investigates financial crimes, issued a security Alert on July 31, 2014, warning of malware named “Backoff” that was being used to steal payment card data from point-of-sale (POS) systems.  The Alert notes that...
Read More ->
Data Privacy Monitor
New Jersey Becomes the Sixth State to Ban the Box for Private Employers
August 25, 2014
Criminal background questions on employment applications will no longer be permitted in New Jersey, effective March 1, 2015. New Jersey joins Hawaii, Illinois, Massachusetts, Minnesota, and Rhode Island to become the sixth state to ban the...
Read More ->
Data Privacy Monitor
New Guidance for Merchants on Ensuring that Service Providers Share Security Responsibility
August 18, 2014
For merchants, long gone are the days of using a card reader with a dial-up connection to their payment processor. Today’s omni-channel retailers rely on multiple third party service providers to complete payment card transactions. These...
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Data Privacy Monitor
What Companies Can Do to Protect Themselves in the Face of Yet Another Massive Data Breach
By Jenna N. Felz
August 12, 2014
Last week it was reported that a small group of Russian computer hackers illegally obtained an unprecedented quantity of internet credentials, including 1.2 billion username and password combinations, and over 500 million unique email...
Read More ->