David M. Daniels
Partner
Direct Dial: 916.472.3301
Fax: 916.472.3329
[email protected]
 

Dave Daniels is a partner in Freeman Mathis & Gary's Sacramento office and is vice-chair of the Firm's Commercial Litigation/Directors & Officers National Practice Section.  Mr. Daniels is an accomplished trial lawyer with a wide ranging litigation practice encompassing a variety of commercial contract litigation, employment, tort, coverage, professional liability and construction disputes.  He is recognized as a premier defense and trial attorney in Northern California having served as President of the Association of Defense Counsel of Northern California and Nevada.

For nearly 25 years, Mr. Daniels has defended many of California’s most significant businesses, both non-profit and for-profit, and professionals throughout federal and state courts including class and multi-district litigation. 

Mr. Daniels commercial practice includes directors and officer claims, suits under the False Claims Act, RICO, Fair Business Practice Act, TCPA, FDCPA, shareholder derivative suits, breach of fiduciary duty claims, trademark and copyright, restrictive covenants, trade libel, business defamation, trade secret and confidential business information suits and many other business law and partnership disputes. Mr. Daniels serves as outside general counsel for a number of his clients. He has a particular focus on emerging technology companies, healthcare, manufacturing, medical device, hospitality and construction companies.

Mr. Daniels also is a member of FMG’s California Employment Practice Team and has defended virtually every type of employment claim including section 1983 cases; discrimination; sexual harassment; wrongful discharge; violations of state and federal employment laws and regulations, including FMLA, CFRA, ADA, FEHA, Title VII, EPPA, ADEA, and wage and hour disputes, and restrictive covenant matters. 

Mr. Daniels received his law degree from Creighton University School of Law in Omaha Nebraska.  While in law school, he was the recipient of the Christian Leadership Award.  Mr. Daniels received his undergraduate degree from Santa Clara University, graduating with a Combined Science degree in chemistry and biology.  He lectures extensively to the business community on legal and regulatory issues impacting California operations. 

 

Areas of Practice

  • Labor & Employment Law
  • Construction Litigation
  • Casualty Defense
  • Professional Liability

Bar Admissions

  • California
  • U.S. Court of Appeals 9th Circuit
  • U.S. District Court Eastern District of California
  • U.S. District Court Central District of California
  • U.S. District Court Northern District of California
  • U.S. District Court Southern District of California

Education

  • J.D., Creighton University School of Law, 1993
  • B.S., Santa Clara University, Combined Sciences, Chemistry, and Biology, 1987

Representative Cases

Classes/Seminars Taught

  • Speaker, “Employment Law Challenges for Employers in 2015: What California Employers Need to Know” Placer County Bar Association Annual CLE Seminar (April 24, 2015)
  • Speaker, “Employment Law Challenges for Employers in 2015: What California Employers Need to Know” Cemetery and Mortuary Association of California (March 12, 2015)
  • Speaker, “How to Handle Bullying and Gossip in the Workplace” Inglewood Park Cemetery, Inglewood, CA (April 8, 2014)
  • Speaker, "Sexual Harassment Training Seminar, AB 1825,” Taco Bill & Associates, Auburn, CA (April 2 and 3, 2014)
  • Speaker, “Employment Law Update – 2014” San Francisco Employment and Labor Law Breakfast Briefing, San Francisco, CA (February, 10, 2014)
  • Speaker, “Employment Law Update – How Not To Get Sued (and what to do when you are!)”  Cemetery and Mortuary Association of California 2013 Annual Meeting, Tenaya Lodge, Yosemite, CA (May 16 and 17, 2013)
  • Speaker, “Can A Manager Really Be That Stupid – How to Hire and Fire/Best Practices” SCI California Funeral Services, Central Valley Market Managers Meeting (May l, 2013)
  • Speaker, “Daily Danger Zones for California Managers,”  SCI California Funeral Services, LA Market Managers Meeting (April, 2013)
  • Speaker, “Can A Manager Really Be That Stupid – How to Hire and Fire/Best Practices” SCI California Funeral Services, Inland Empire Market Managers Meeting (April, 2013)
  • Presenter, “Brinker Restaurant and Its Potential Impact on California Employers” Association of Defense Counsel of Northern California and Nevada (May, 2012)
  • Speaker, “Sexual Harassment Training Seminar AB 1825,” Taco Bill & Associates, Auburn, CA (April 3 and 4, 2012)
  • Speaker, "Sexual Harassment Training Seminar, AB 1825,” Taco Bill & Associates, Auburn, CA (April 25 and 26, 2012)
  • Speaker, “Trials and Tribulations of Social Media for the Employer and Employee,” Guiding Hands School, El Dorado Hills, CA (January 9, 2012)
  • Presenter, “The Coito Decision” Association of Defense Counsel, San Francisco, CA (December 6, 2011)
  • Speaker, "Sexual Harassment Training Seminar, AB 1825,” Guiding Hands School, El Dorado Hills, CA (November 7, 2011)
  • Speaker, “FACTA: Red Flag Rules,” Inglewood Park Cemetery, Inglewood, CA (July 13, 2011)
  • Speaker, “Litigation Avoidance – How Not To Get Sued (and what to do if your are)” Cemetery and Mortuary Association of California, Newport Beach, CA (March 25, 2011)
  • Speaker, “Legal Tips for Management,” Service Corporation International (Central Valley), Monterey, CA (October 19, 2010)
  • Speaker, “Litigation Avoidance and What to Do When You Get Sued,”  California Funeral Directors Association, Orange County, CA (June 17, 2010)
  • Speaker, “Legal Tips for Management,” Service Corporation International (Southern California), Los Angeles, CA (May 20, 2010)
  • Speaker, “ Personnel Records, Employee Handbooks and Privacy,” Foothills Employer Advisory Counsel, Auburn, CA (March 18, 2010)
  • Speaker, “ADA Compliance & The ADA Amendments Act of 2008,” California Funeral Directors Association, Newport Beach, CA (November 11, 2009)
  • Speaker, “Wage and Hour Overview,” Foothills Employer Advisory Counsel, Auburn, CA (March 19, 2009)
  • Speaker, “Sexual Harassment:  What is it?  How do you prevent it?”  Guiding Hands School, El Dorado Hills, CA (April 29, 2008)
  • Speaker, “Sexual Harassment:  What is it?  How do you prevent it?”  Placer County Contractor’s Association (July 12, 2005)
  • Speaker, “Top Ten Ways To Avoid Wage & Hour Violations and Common Mistakes to Avoid,” Foothills Employer Advisory Counsel, Auburn, CA (June 14, 2006)
  • Presenter, “Introduction to Employee Handbooks,” Foothills Employer Advisory Counsel, Auburn, CA (May 10, 2006)

Professional Associations and Memberships

  • Association of Defense Counsel of Northern California and Nevada, President 2016, 2002 - Present
  • Civil Advisory Committee to the Presiding Judge for the Sacramento County Superior Court, Member, 2016 - Present
  • El Dorado County Bar Association, 1994 - Present
  • Placer County Bar Association, 1994 - Present
  • Sacramento County Bar Assocation, 1994 - Present
  • Association of Defense Trial Attorneys, 2004 - Present