Daniel J. Guttman

Experience

Business and Employment Counsel

• Serves as counsel to municipalities, airport and regional transit authorities, counties, county sheriffs’ offices, townships, school districts, councils of government, personnel appeals boards of review, civil service commissions, the Ohio Turnpike and Infrastructure Commission, the Ohio Department of Administrative Services, the Ohio Department of Rehabilitation and Correction, and other public and quasi-public bodies. Serves as the Chief Labor Negotiator for the State of Ohio. Is regularly retained as general counsel, special counsel, or dedicated project counsel for many of these entities.
• Guided clients through workforce reorganization 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.
• Served as 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 public sector, retail, financial service, healthcare, distribution, transit and transportation, construction, customer service, safety, and medical emergency industries.
• Provides guidance to successfully prevent and/or resolve legal violations. This includes advising employers and/or training on federal and state employment laws, 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.
• Advised a Fortune 1000 retailer on post-merger electronic communication, email retention and BYOD policy integration. 
• As a member of BakerHostetler’s Privacy & Data Protection Team, is 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.

Litigation

• Serving 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 and personnel, client and confidential information. Used an aggressive strategy, obtaining discovery of thousands of critical documents from Canada and Europe that were stored internationally, and deposing the rival company’s CEO along with its European sales director.
• Represented a 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.
• Serving as lead counsel in the defense of a putative class action seeking injunctive relief and damages under the Family and Medical Leave Act (FMLA) on behalf of classes of more than 400 union and nonunion employees.
• Serving as trial lawyer, successfully protected a client’s business model by preventing an injunction and declaratory judgment seeking to invalidate the client’s restrictive covenants. The case was dismissed with prejudice.
• While representing a Fortune 500 client in the capacity of trial lawyer, won a temporary restraining order and permanent injunction preventing a former top executive from working for a main competitor. The injunction focused on the protection of trade secrets and confidential information. Successfully settled all claims post-injunction.

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.

Internal Investigation, Discrimination, Harassment and Retaliation Defense

Memberships

• National Council of Advisors to The Ohio State University Moritz College of Law
• Statewide Legislative Committee for the Ohio Public Employer Labor Relations Association
• Member of the State of Ohio Thoroughbred Racing Advisory Council
• Guest Lecturer at The Ohio State University Fisher College of Business
• Managing Editor for The Ohio State Journal On Dispute Resolution