Daniel A. Croley


Contact Details

Direct: 415 399 3845
Fax: 415 399 3838

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

Dan defends wage and hour, wrongful termination, discrimination, harassment, retaliation, breach of contract, fraud, trade secret, whistleblower and all other types of employment disputes.  Dan 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.  

In addition to Dan’s litigation and arbitration practice, he assists clients on litigation avoidance strategies and on complex employment laws, difficult terminations, wrongful discharge, equal employment opportunity, wage-and-hour claims, 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 and DOW companies.  Dan’s 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, Snap, Google, Uber and Dignity Healthcare and from venture capital, private equity, hedge and university endowment funds.  Dan has also represented professors and fund managers from Stanford, UC Berkeley and Princeton Universities.

 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. 

Selected Representations

Wage and Hour, Bonus and Commission Claim Expertise (Single-Plaintiff and Class Action Claims)

  • Won a defense judgment on a several hundred thousand dollar overtime and bonus claim for a financial institution (Labor Commissioner, State of CA, 2018) 
  • Successfully resolved a multi-plaintiff wage and hour class action allegations against a Bay Area restaurant chain (United States District Court, Northern District of California, 2017)
  • Won a high six-figure pre-judgment attachment order for a CEO based on wages due to him and then settled the case on favorable terms. (Santa Clara Superior Court, 2017)
  • Obtained a dismissal in an 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 state 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 the former employee’s 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)
  • Won 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 and the case was settled following an appeal to the Ninth Circuit, 2015)
  • 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 Court, 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)
  • Won summary judgment 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 
  • Won summary judgment in a construction defect case by a cold storage facility against a roof panel manufacturer (Fresno Superior, 2017 and now pending on appeal)
  • Successfully resolved a dispute against a web publisher over internet traffic impression (Los Angles Superior, 2016)
  • Obtained a $1.6M judgment against advertiser in favor of a web publisher (San Francisco Superior, 2016)
  • 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)

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

  • Resolved a difficult matter with the EEOC on favorable terms and with full conciliation agreement (San Francisco District Office, 2018)
  • 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, ChicagoLegal Update for Human Resources Professionals, Adecco Group, Minneapolis  AdmissionsU.S. Supreme CourtU.S. Court of Appeals, Sixth and Ninth Circuit and District of ColumbiaU.S. District Court, Northern, Eastern and Southern Districts of CaliforniaU.S. District Court, Eastern District of Washington, Southern District of New York and District of New HampshireSupreme Court of New York (Suffolk County and Manhattan County)Supreme Court of New HampshireSuperior Courts for States of Arizona and Michigan Community ParticipationDan has also coached several youth sports.