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Am Law 100 firm with practices in Business, Digital Assets and Data Management, Intellectual Property, Labor & Employment, Litigation and Tax.

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Dan's practice includes protecting business interests involving noncompetes and trade secrets; handling sensitive internal investigations involving discrimination, harassment, whistleblower and retaliation allegations; and high-stakes litigated matters such as class action defense. He also has extensive traditional labor experience, serving as lead spokesperson at the collective bargaining table and representing 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.

Clients remark on Dan's professional, results-oriented approach: “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) and “He drives our negotiation strategy toward the results that we need. His knowledge and experience are invaluable in accomplishing our objectives.” (Chambers USA 2020) Dan is listed in Chambers USA: America’s Leading Lawyers for Business and is also named in The Best Lawyers in America® for Litigation - Labor and Employment. Within BakerHostetler, Dan has served in various leadership positions, such as Hiring Partner and Business Development Leader and on the Columbus office management group.

core/freeform

J.D., The Ohio State University Michael E. Moritz College of Law, 1997

B.A., Indiana University, 1994

<ul>
<li>Chambers USA: Labor and Employment in Ohio
<ul>
<li>Band 4 (2014 to 2025)</li>
</ul>
</li>
<li>The Legal 500 United States (2017 to 2021)</li>
<li>The Best Lawyers in America®
<ul>
<li>Ohio: Litigation &#8211; Labor and Employment (2014 to 2025)</li>
</ul>
</li>
<li>Ohio Super Lawyers &#8220;Rising Star&#8221; (2006 to 2007, 2009 to 2010)</li>
<li>Columbus Business First: &#8220;Forty Under 40&#8221; Emerging Business Leader</li>
</ul>

Columbus

Chambers USA Guide 2025 Recognizes 171 BakerHostetler Attorneys and 73 Practice Areas

Master Class in Labor Relations and Employment Law

Chambers USA Guide 2024 Recognizes 155 BakerHostetler Attorneys and ­66 Practice Areas

Chambers USA Guide 2023 Honors 147 BakerHostetler Attorneys and Recognizes 64 Practice Areas

Hundreds of BakerHostetler Attorneys Honored as 2023 Best Lawyers, Ones to Watch and Lawyers of the Year

Chambers USA Guide 2022 Honors 145 BakerHostetler Attorneys and Recognizes 62 Practice Areas

Data Counsel

FTC Puts 700+ Companies on Notice to Expect to Pay Penalties for Any Endorsement Violations

191 BakerHostetler Attorneys Named in 2022 “Best Lawyers” List; 10 Recognized as “Lawyer of the Year”

BakerHostetler Attorneys Make Significant Gains in The Legal 500 Annual Guide

Chambers and Partners USA Honors 127 Attorneys and 43 Practice Areas in 2019 Guide

BakerHostetler Boosts High Marks in the Legal 500 2018 Annual Guide

Chambers and Partners USA Honors 118 Attorneys and 45 Practice Areas in 2018 Guide

Employment Counseling and Training

Labor Relations

Employment Litigation and Arbitration

Labor and Employment

Tax-Exempt Organizations and Charitable Giving

Noncompete and Trade Secrets

Political Law

Reduction in Force (RIF) and Furlough Compliance

Litigation
<ul>
<li>Serving as lead counsel, 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.</li>
<li>As lead counsel, represented a national specialty hospital business and regional physician group in a five-year, multistate litigation with millions of dollars in potential damages. Secured a summary judgment victory.</li>
<li>As lead counsel, defended the deposition of the general counsel, protected attorney-client privilege and dismissed wrongful termination, breach of contract and indemnification claims.</li>
<li>As lead counsel, successfully defended 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.</li>
<li>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.</li>
<li>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.</li>
</ul>
Business and Employment Counsel
<ul>
<li>Guides clients through workforce reorganization and reduction, including mass layoffs, from the initial planning phase to developing severance programs and securing releases and waivers.</li>
<li>Negotiates and drafts employment agreements, incentive and executive compensation arrangements and separation packages covering a range of employees.</li>
<li>Lead 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.</li>
<li>Delivers 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.</li>
<li>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.</li>
<li>Advised a Fortune 1000 retailer on post-merger electronic communication, email retention and BYOD policy integration.</li>
<li>As a member of BakerHostetler’s Privacy &amp; 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.</li>
<li>Engagements include 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, Ohio Department of Medicaid and other public and quasi-public bodies. Retained as general counsel, special counsel or dedicated project counsel.</li>
</ul>
Traditional Labor
<ul>
<li>Chief negotiator for approximately 100 collective bargaining negotiations, including high-stakes first contracts or successor negotiations involving a restructuring of the labor-management relationship.</li>
<li>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.</li>
<li>Represents management in organizational campaigns and petitions for a wide variety of private companies and public employers. Represents management in unfair labor practice situations, grievance hearings and day-to-day contract administration.</li>
</ul>
Internal Investigation, Discrimination, Harassment and Retaliation Defense
<ul>
<li>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. Has also litigated claims of individual government employee and government entity liability.</li>
<li>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 approve FMLA leave provisionally and seek recertification after the employee, who was approved for intermittent FMLA leave for several years, incurred a disproportionate number of Monday and Friday absences.</li>
<li>Is comfortable resolving all types of discrimination, harassment and retaliation claims and their related issues by using negotiation and mediation when early resolution makes business sense.</li>
</ul>

Daniel J. Guttman

Daniel J. Guttman

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