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Attorneys

Contact Details

Direct: 415 399 3845

Fax: 415 399 3838

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Daniel Croley’s practice involves all aspects of employment litigation, counseling and labor law, and he has also handled several commercial litigation matters.  

He has litigated in federal and state courts as well as before federal and state agencies, in and out of California and including in Arizona, Michigan, New York, New Hampshire and Washington.  He has defended dozens of EEO and wage-and-hour claims; he has handled many arbitrations, and has defended over a hundred wrongful discharge actions.

Dan also counsels clients on a wide range of employment matters, including difficult terminations, wrongful discharge, equal employment opportunity, wage and hour, privacy, trade secrets, disability accommodation, occupational safety and health, and family and medical leave.

Dan’s clients range from start-up and privately held companies to prominent NASDAQ, NYSE, LSE and DOW companies.  His clients include global talent and staffing, technology and software, healthcare, food and beverage, hospitality, uniform companies and chemical, agricultural and building materials companies, regional accounting firms, financial and other professional services firms.  In addition, Dan has represented hundreds of executives in employment and transition agreements and wage, equity and bonus disputes, including from Microsoft, Juniper Networks, Facebook, Google and Dignity Healthcare and from venture capital, private equity, hedge and university endowment funds.

Dan is also a Former shareholder at Littler Mendelson and Of Counsel at Brobeck, Phleger & Harrison and has been recognized by his peers for professional achievement as a Northern California SuperLawyer in the area of Employment and Labor law. 

Key Representations as Lead Counsel

Wage and Hour and Bonus and Commission Claim Expertise

  • Obtained a dismissal in FLSA overtime claim (United States District Court, Northern District of California, 2015)

  • Obtained favorable settlement for an executive on a severance claim (United States District Court, Southern District of California, 2015)

  • Successfully resolved commission and expense claims (San Francisco Superior Court, 2015)

  • Obtained a defense judgment on a several hundred thousand dollar sales commission claim for a technology employer (Superior Court, State of New Hampshire, 2013 with case settling while pending before New Hampshire Supreme Court)

  • Successfully defended a bi-coastal arbitration involving several complex claims for several million dollars in commissions on software sales and claims for wrongful termination (Arbitration in New York City and San Francisco, 2012)

  • Defended overtime exemption matter involving software engineers for a global data archiving company and favorably resolved the matter (Arbitration, 2013)

  • In a matter involving a Washington employee and California employer, defended an international beverage supplier in a wage, commission and fraud case; obtained a defense award (Arbitration, 2010)

  • Defended a health club against a six-plaintiff wage and hour and discrimination case, which was resolved efficiently after filing a strategic motion (Alameda County Superior Court, 2009)

    Trade Secret, Noncompete and Employee Mobility Expertise  

  • Obtained injunctive relief for an internet ad service company against its former employee and his new employer, stopping the former employee from diverting highly valuable internet traffic.  Also obtained a settlement payment for his client of about $1.6M (New York Supreme Court, 2012)

  • Defended one of the largest accounting firms based in California in a trade secret claim where the plaintiff obtained less than five percent of claimed damages in a favorable defense settlement (San Francisco County Superior Court, 2010)

  • Defended professional services firm in a trade secret case; obtained a dismissal with prejudice at pre-trial hearing (Contra Costa County Superior Court, 2009)

  • Obtained a temporary restraining order and preliminary and permanent injunction for an international food company against a former employee and successfully defended employee’s claim for wages (United States District Court, Northern District of California, 2009)

    Wrongful Termination, Retaliation and Discrimination Expertise

  • Obtained dismissal of disability discrimination claim before discovery and based on favorable settlement terms (United States District Court, Northern District of California, 2015)

  • Obtained summary judgment on all issues in a racial harassment and discrimination claim brought by a retail employee (United States District Court, Northern District of California, 2014)

  • Obtained a ruling dismissing all claims in a wrongful termination and fraud claim following several hearings and an evidentiary hearing in the Law and Motion Department (San Mateo County Superior, 2014)

  • Obtained a defense award on a wrongful termination and retaliation claim on behalf of a global technology company where the plaintiff/former employee asserted over $3M is damages.  Also obtained monetary sanctions against the former employee for bad faith destruction of evidence (Arbitration, 2012)

  • Obtained summary adjudication on all issues in a fraud and retaliation claim against software employer (Santa Clara Superior Court, 2007)

    Sarbanes-Oxley, Corporate Governance and Whistle-blower Expertise

  • Dan advises on Sarbanes-Oxley and state-law whistle-blower issues.

  • He also is experienced in litigating SOX retaliation claims before OSHA and obtained a dismissal by OSHA of a sox whistle-blower claim for a global technology company.

    Commercial Litigation Expertise

  • Obtained dismissal of fraud and breach of contract claims between publisher and advertising companies (New York Supreme Court and Arizona Superior Court, 2015)

  • Successfully resolved a fraudulent conveyance and fraud claim (San Francisco Superior, 2015)

  • Defending building materials company against negligence and warranty claims (Fresno Superior, 2016)

EEOC, DFEH, DOL, Labor Commissioner and Other Agency Expertise 

  • Obtained favorable determinations for employers before the Equal Employment Opportunity Commission in California and New York, California Department of Fair Employment and Housing, and the New York Department of Human Rights and United States Department of Labor and Immigration and Customs Enforcement.

    Speaking Engagements

    “Managing Within The Law,” Adecco Group, Chicago

    Legal Update for Human Resources Professionals, Adecco Group, Minneapolis 

     

    Admissions

    U.S. Supreme Court

    U.S. Court of Appeal, Sixth and Ninth Circuit

    U.S. Courts of Appeal, District of Columbia

    U.S. District Court, Northern, Eastern and Southern Districts of California

    U.S. District Court, Eastern District of Washington, Southern District of New York and District of New Hampshire

    Supreme Court of New York (Suffolk County and Manhattan County)

    Supreme Court of New Hampshire

    Superior Courts for States of Arizona and Michigan

    Community Participation

    Dan coaches several youth sports.