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DanBlake

Partner

Overview

Biography

Dan focuses his practice on employment and business litigation, employment law counseling, and labor law. He works across a broad range of industries, including real estate, health care, technology, start-up, education, food and beverage, retail, and professional service.

Dan represents clients in litigation before state and federal courts and agencies and before arbitrators in all types of employment law claims, including wage and hour class actions, collective actions under the Fair Labor Standards Act, wrongful discharge, discrimination and harassment, privacy and tort claims, trade secret and noncompetition matters, and contract disputes. He also handles consumer and other types of class actions, business litigation matters such as partnership disputes, and accessibility cases involving public accommodations, public services, and websites.

Dan routinely partners with employers to provide strategic advice on all types of employment matters, including noncompetition, technology transfer and trade secret strategies, employment and separation agreements for key executives and other employees, wage and hour compliance, workplace investigations, harassment prevention, government audits and investigations, reductions in force, and litigation avoidance strategies. He also counsels and represents employers in traditional labor matters, including compliance cases before the National Labor Relations Board, union relations, collective bargaining negotiations, and arbitrations.

In addition to frequent speaking engagements for various bar associations and business groups, Dan provides training for supervisors and executives on harassment prevention, compliance matters, internal investigations, and other employment law topics. He is also a certified mediator, applying his vast experience in litigation and dispute resolution.

Bar Associations

  • American Bar Association
  • Boston Bar Association
  • Essex County Bar Association, Former Employment Law Section Chair
  • Massachusetts Bar Association, Former Labor and Employment Section Council Leadership Team Member

Selected Memberships & Affiliations

  • Boston Bar Association, “The State and Federal Legislative Response to the #MeToo Movement”
  • Massachusetts Defense Lawyers Association, “Litigating Wage and Hour Cases”
  • Massachusetts Bar Association Health Law Conference, “Concerted Activity Under the National Labor Relations Act”
  • Greater Merrimack Valley Human Resources Association, “Massachusetts Data Security Law and Regulations”
Experience

Representative Experience

  • Defended a national restaurant chain in multiple class actions alleging violations of Massachusetts wage laws.
  • Defended a national coffee service company in a collective action under the Fair Labor Standards Act.
  • Defended a financial institution through a successful trial in a $22 million Ponzi-scheme-victim litigation.
  • Successfully defended a national transportation company in a sexual harassment case affirmed by the Rhode Island Supreme Court.
  • Defended a high-end international retailer in a federal case alleging its website violated the Americans With Disabilities Act.
  • Represents founders and key executives across many industries in negotiating employment, noncompetition, and severance agreements.
  • Successfully represented the seller of a pool supply business in arbitration brought by the buyer for rescission and significant damages.
  • Conducted an audit of wage practices across 10 hospitals and the corporate headquarters for a health care client.
  • Conducted multi-session sexual harassment prevention training for all supervisors of a large restaurant group.
  • Prevailed in labor arbitration for a pulp and paper mill on a job assignment and rate dispute with potential multi-million liability.

Prior Experience

  • LeClairRyan, Partner

Selected Honors

  • Selected to Super Lawyers Massachusetts: Employment & Labor, 2004 and 2013-2019
  • Martindale-Hubbell AV Preeminent Peer Review Rated for Very High to Preeminent Ethical Standards and Legal Ability

Featured Media

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COVID-19: Congress Passes Legislation to Extend PPP Application Deadline

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NYS Court of Appeals Holds FERC Certificate of Public Convenience Exempts Pipeline Company From Eminent Domain Public Notice, Hearing Requirements Despite Water-Quality Certification Denial

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COVID-19: Governor Cuomo Issues Executive Orders Imposing Quarantine Restrictions on Travelers Arriving in New York State, Blocking COVID-19 Paid Sick Leave to Employees Voluntarily Traveling to High-Risk Areas

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Caddy Class Action Still in Play With New Retaliation Claim

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COVID-19: The Perfect Storm – How Below-Cost Reimbursement Models for OPWDD Providers Will Make a Bad Situation Worse

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COVID-19: SBA Releases Further Clarification to PPP Loan Forgiveness Based on PPP Flexibility Act Changes

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