Summary

Daniel focuses his practice on issues relating to employment law, privacy, and information security.  He represents clients nationwide in the realm of trade secret theft, non-competition and non-solicitation agreements, and breaches of fiduciary duties. Daniel also provides counseling to business on how to employ best practices and policies to better position themselves to litigate unfair competition claims. In addition, he helps companies conduct complex internal investigations regarding intellectual property theft, computer fraud and unfair competition issues.  Daniel also has a robust practice in data privacy and information security issues, including matters related to biometric information and compliance with the Illinois Biometric Information Privacy Act.  He has first-chaired several high-profile class actions involving consumer and employee privacy issues related to a variety of different technologies, and touching on several industries, including manufacturing, logistics, information technology and software design, marketing, health and medical devices, food, entertainment, and retail.  Daniel is a Certified Information Privacy Professional (CIPP/US), and a member of the Sedona Conference’s Working Group 12 on trade secrets.

Daniel regularly advises clients in the following areas:

Counseling:

  • Counseling businesses on safeguarding proprietary information and trade secrets
  • Drafting non-competition, non-solicitation, and confidentiality agreements tailored to the latest judicial rulings
  • Reviewing and drafting company policies regarding the preservation of confidential information, and training staff on policies
  • Designing compliance plans regarding the safeguarding and use of data

Investigations:

  • Performing trade secret audits and forensic investigations of current or former employees to determine if proprietary information has been wrongfully taken
  • Advising entities as to enforcement options against former employees or competing entities

Litigation:

  • Prosecuting litigation against former employees and competitors under relevant federal and state laws
  • Defending entities and individuals against claims brought under privacy and information security laws, including trade secrets and computer fraud claims, and class actions under the Illinois Biometric Information Privacy Act and other privacy laws
  • Pursuing expedited injunctive relief and handling appeals

Daniel is a frequent speaker and writer on corporate and employment matters, and provides the yearly continuing legal education training on trade secrets and non-competes for the Illinois State Bar Association (ISBA). Daniel also frequently speaks on issues relating to diversity, inclusion and implicit bias. He provides implicit bias training to hundreds of lawyers each year, including in-house counsel.

Daniel is the current chair of the ISBA’s Standing Committee on Member Services. He is a member of the ISBA’s Board of Governors, and served in capacities as the former chair of the Standing Committee on Marketing & Communications (2017-2018); the former chair of the Special Committee on Membership (2017-2018); and the former Chair of the Standing Committee on Racial & Ethnic Minorities and the Law (2012-2013). Daniel is also the CLE project coordinator and speaker for the ISBA’s Privacy & Information Security Law Section (2018).

In 2008, Daniel graduated magna cum laude from The John Marshall Law School. During law school, he was the Executive Lead Articles Editor for The John Marshall Law Review. He also served as a judicial extern for the Honorable Chief Justice Thomas R. Fitzgerald, Illinois Supreme Court, and for the Honorable Judge Ronald A. Guzman, U.S. District Court, Northern District of Illinois. Daniel was selected as one of the “40 Illinois Attorneys Under 40 to Watch” by Law Bulletin in 2021. He has been honored as a Rising Star by Illinois Super Lawyers since 2014.

Awards

All Service Areas

Education

  • University of Illinois Chicago School of Law (2008)

    magna cum laude

  • University of Illinois, Champaign-Urbana (B.A., Political Science) (2005)

Admissions

  • State - Illinois
  • Federal - Northern District of Illinois
  • Federal - District of Colorado
  • Federal - Central District of Illinois
  • Federal - Northern District of Illinois (Trial Bar)
  • Federal - 7th Circuit Court of Appeals
  • Federal - Southern District of Illinois

Speeches and Publications

  • Panelist, “Draft Commentary Review: Sharing Trade Secrets with Other Organizations,” The Sedona Conference Working Group 12 Annual Meeting, Minneapolis (Sept. 11, 2023)
  • Speaker, “The Shifting Legal Tide Against Using Noncompetes in the Workplace,” Illinois Manufacturers’ Association Live Webinar (July 20, 2023)
  • Panelist, “Be Careful What You Wish For: The Rise of Mass Arbitration,” American Bar Association 2023 Litigation Annual Conference (April 21, 2023)
  • Speaker, “Pitfalls of Commencing Trade Secrets Litigation without Following Best Practices,” Association of Corporate Counsel, Chicago Chapter CLE Presentation (February 15, 2023)
  • Moderator, “Advocacy in Arbitration: Tips from an Arbitrator on How to Present Your Case,” Illinois State Bar Association CLE Webinar (Dec. 15, 2022)
  • Panelist, “Privacy Class Actions: A Bee in Your Bonnet!,” American Bar Association’s (ABA) 26th Annual National Institute on Class Actions Conference  (Nov. 11, 2022)
  • Panelist, “Draft Commentary Review: Sharing Trade Secrets with Other Organizations” and “Draft Commentary Review: Ethics Issues in Trade Secret Disputes,” The Sedona Conference WG12 Annual Meeting 2022, Reston, VA (Sept. 7, 2022)
  • Co-Presenter, “Unfair Competition and Trade Secrets – The Pitfalls of Commencing Litigation without Following Best Practices,” Association of Corporate Counsel Minnesota 2022 Breakfast Seminar (June 22, 2022)
  • Moderator, “The Great Reflection: Burnout & The Growing Demands on In-House Counsel,” General Counsel Conference Midwest (June 14, 2022)
  • Panelist, “Diversity, Equity, and Inclusion,” UIC John Marshall Law School IP Center’s 13th Annual Ethics in the Practice of Intellectual Property Law Seminar (June 10, 2022)
  • Panelist, “Face Scans, Fingerprints and Voice Recognition – The Current U.S. Regulatory Framework for Biometric Privacy,” 2022 ITechLaw World Technology Law Conference (May 26, 2022)
  • Co-Author, “Safeguarding Your Company’s Trade Secrets During the Great Resignation,” The Illinois Manufacturer (April 2022)
  • Speaker, “Diversity CLE,” Illinois State Bar Association (Jan. 2022)
  • Presenter, “Non-Competition Agreements in Illinois: 2022 Changes and Challenges,” Illinois State Bar Association CLE Webinar (Dec. 15, 2021)
  • Quoted in Illinois Bar Journal Article, “Taking Your Talents Elsewhere” (Dec. 2021)
  • Panelist, “Sharing Trade Secrets With Other Organizations,” The Sedona Conference WG12 Annual Meeting 2021 (Dec. 13, 2021)
  • Speaker, “Safeguarding Your Competitive Advantages in a Volatile Labor Environment,” Illinois Manufacturers’ Association Live Webinar (Oct. 13, 2021)
  • Panelist, “A Conversation on Implicit Bias and IP as Social Change,” UIC John Marshall Law School IP Center’s 12th Annual Ethics in the Practice of Intellectual Property Law Seminar (June 4, 2021)
  • “Chapter 5 — Interpleader,” Chancery and Special Remedies (2021 edition) published by IICLE (May 2021)
  • “Restrictive Covenants and Trade Secrets Part 3 – Litigation Strategies,” ISBA Live Webinar (Jan. 13, 2021)
  • “Restrictive Covenants and Trade Secrets Part 2 – Trade Secret Legal Standards and Safeguarding Best Practices,” ISBA Live Webinar (Jan. 6, 2021)
  • “Restrictive Covenants and Trade Secrets Part 1 – Covenant Enforceability Issues and Drafting Tips,” ISBA Live Webinar (Dec. 16, 2020)
  • “Cannabis and the Workplace,” National Academy for Continuing Legal Education (NACLE) (May 26, 2020) (with Allison Czerniak)
  • ERP implementation challenges grow in COVID-19 crisis,” TechTarget (May 1, 2020) (with Marcus Harris)
  • “How to Negotiate (and Renegotiate) ERP Contracts During Crisis,” and “Cleanse and Protect: Why Data and Cybersecurity are More Important than Ever,” Virtual Digital Stratosphere Conference, (April 20-24, 2020) (co-present with Marcus Harris)
  • “Questions and Answers regarding Coronavirus Issues,” Legally Speaking Webinar with the ITA, Illinois Technology Association (April 8, 2020)
  • “Fingerprints, Face Scans and Voice Recognition Technology – A Discussion on the Illinois Biometric Information Privacy Act,” National Association for Continuing Legal Education (March 5, 2020) (co-present with Jeff Schieber)
  • “New Federal, State and Chicago Employment Laws for Restaurants,” Old Town Merchants Residents Association (February 25, 2020)
  • Employers’ Growing Cannabis Concerns,” Workforce.com (Jan. 31, 2020) (with co-author Rachel Schaller)
  • “Negotiating with Your ERP Software Vendor and System Integrators”, “Getting Over Your (Cyber) Insecurities: The Need for Safeguards in the New Electronic Age” and “Panel Discussion: Lessons from Transformation Experts,” Digital Stratosphere Conference, San Diego, (Jan. 28-30, 2020) (co-present with Marcus Harris)
  • Washington State Joins Noncompete Law Parade,” Workforce.com (Jan. 22, 2020) (with co-author Rachel Schaller)
  • “Sharpening Your HR Vision to 2020: What Illinois Employers Need to Know for the Coming Year – Legalization of Recreational Marijuana and its Effects on Employers,” Taft Labor & Employment Seminar, Chicago, (Oct. 24, 2019) (co-present with Allison Czerniak)
  • Co-author, “Chapter 11: Modification of Contracts,” Contract Law (2020 edition) published by IICLE
  • “Jimmy John’s No-Poach Policy Leaves Bad Taste,” Workforce.com (Sept. 27, 2019) (with co-author Rachel Schaller)
  • “Arbitration Clauses Can Cause a Rift,” Workforce.com (Sept. 19, 2019) (with co-author Rachel Schaller)
  • Speaker, Illinois Technology Association, “Non-competes, Trade Secrets and Departing Employees: How to Protect your Technology” (July 30, 2019)
  • “Individual Vs. Class Action a Cost Consideration,” Workforce.com (July 25, 2019) (with co-author Rachel Schaller)
  • “Testing: Contractors in the Virtual Marketplace,” Workforce.com (July 19, 2019) (with co-author Rachel Schaller)
  • Minimizing the Risk of Employee Theft of Trade Secrets,” Illinois Manufacturer magazine, Second Quarter 2019
  • Speaker, National Association on Continuing Legal Education, “Drafting Enforceable Non-Competition and Non-Solicitation Clauses: Important Considerations to Know” (June 26, 2019)
  • Speaker, John Marshall Law School “10th Annual Ethics in the Practice of IP” (June 7, 2019)
  • “FMLA Leave: Designate Early and Often” Workforce.com (June 2, 2019) (with co-author Rachel Schaller)
  • “Stalker Costs Costco in Bulk” Workforce.com (May 30, 2019) (with co-author Rachel Schaller)
  • “A Limited Definition of Concerted Activity,” Workforce.com (April 1, 2019) (with co-author Rachel Schaller)
  • “An Unfair Competition Claim” Workforce.com (March 26, 2019) (with co-author Rachel Schaller)
  • Speaker, ISBA CLE “Networking and Building Your Brand” (March 26, 2019)
  • “Busting the Home-State Advantage Regarding Wrongful Workplace Acts” Workforce.com (Feb. 5, 2019) (with co-author Rachel Schaller)
  • “Public Sector Employers and Age Discrimination” Workforce.com (Jan. 29, 2019) (with co-author Rachel Schaller)
  • Speaker, Illinois Technology Association “Noncompetes, Trade Secrets and Departing Employees: Protecting Your Technology”
  • Speaker for “Cybersecurity and Privacy,” CBA seminar (March 2019)
  • Speaker for the National Association of Continuing Legal Education programs “Diversity and Inclusion – The Concept of Implicit Bias” and “Restrictive Covenants and Trade Secrets Disputes: Understanding the Litigation Pregame” (February 2019)
  • “Supervisor’s Unchecked Sexual Harassment,” Workforce.com (November 27, 2018) (with co-author Rachel Schaller)
  • “Every Minute Counts in California for Employee Compensation,” Workforce.com (November 26, 2018) (with co-author Rachel Schaller)
  • Alleging the Existence of a Trade Secret in a Misappropriation Case,” The Intellectual Property Strategist (November 2018)
  • “Biometric Data Clocks Out in Court,” Workforce.com (September 14, 2018) (with co-author Rachel Schaller)
  • “Identifying Independent Contractors Versus Employees,” Workforce.com (September 10, 2018) (with co-author Rachel Schaller)
  • “Emailing Employees on FMLA Leave,” Workforce.com (July 30, 2018) (with co-author Rachel Schaller)
  • “Supervisor Says Sorry for Boorish Behavior,” Workforce.com (July 27, 2018) (with co-author Rachel Schaller)
  • How to Navigate Employee Salary History Through the Equal Pay Act,” The Illinois Manufacturer (Summer 2018) (with co-author Rachel Schaller)
  • Speaker for the ISBA CLE course “What’s Cooking in the Restaurant Industry? A Survey of Trending Legal Issues,” (June 19, 2018)
  • “Nosy Employers and Personal Email Accounts,” Workforce.com (May 31, 2018) (with co-author Rachel Schaller)
  • “Are Pay History Inquires… History?,” Workforce.com (May 30, 2018) (with co-author Rachel Schaller)
  • Speaker for the Association of Corporate Counsel Annual Summit CLE course “implicit Bias: Identifying and Addressing the Issue.” (May 17, 2018)
  • “Can Employers Rely on Federal Ban on Cannabis?,” Workforce.com (March 22, 2018) (with co-author Rachel Schaller)
  • “The Case of the Vanishing Stock Option,” Workforce.com (March 20, 2018) (with co-author Rachel Schaller)
  • Speaker for the Strafford CLE course “Enforceable Nondisclosure Agreements.” (February 6, 2018)
  • Speaker for the ISBA CLE course “The Inappropriate Use of Non-Competition Agreements: A Conversation on National and Local Trends.” (June 27, 2017)
  • Speaker for the ISBA CLE course “Implicit Bias: How it Impacts the Legal Workplace and Courtroom Dynamics.” (June 14, 2017)
  • Speaker for the ISBA CLE course “The Nuts and Bolts of Drafting Non-Disclosure Agreements: Tips for the Practicing Lawyer.” (January 18, 2017)
  • Moderator for the ISBA webcast “The Hiring Process, An Applicant’s Background, and the Legal Issues Facing Employers.” (September 24, 2015)
  • Shareholder Inspection Rights: The Difference Between Illinois and Delaware,” CBA Record, (April-May 2015) (with co-author Richard Hu)
  • Speaker on the IICLE course “Breaking Business: How to Dissolve an Entity.” (April 2, 2015)
  • Ripping off the Corporate Veil: The Buckley Court’s Implications for Non-shareholders and Non-title holders,” Illinois State Bar Association Business & Securities Law Forum Newsletter (April 2015) (with co-author Richard Hu)
  • “Establishing an Effective RPO Strategy,” Workforce.com, (March 5, 2015)
  • “Evaluating a Job Applicant’s Background History,” Workforce.com, (August 25, 2014)
  • Mutual Termination Clauses,” CBA Record (July/August 2014)
  • Ch. 14, Environmental Disclosure Requirements: Accounting, SEC, and Sarbanes-Oxley Act Considerations Associated with Environmental Liability, Environmental Law in Illinois Corporate and Real Estate Transactions (IICLE, forthcoming in 2014)
  • Speaker on the IICLE course “Contract Termination: Anticipating Litigation in Order to Avoid It.” (March 2014)
  • Ch. 10, Modification of Contracts, Contract Law (IICLE, 2013) (with co-author Gabriel Reilly-Bates)
  • “Theoretical Specifications of Enduring Rivalries: Applications to the India-Pakistan Case,” India-Pakistan Conflict: An Enduring Rivalry (Cambridge University Press, 2004) (with co-authors Paul F. Diehl and Gary Goertz)
  • Ch. 23, “United States,” Enforcement of Foreign Judgments, (Wolters Kluwer, 2014) (with co-author Allan Slagel)

Professional Affiliations

  • Illinois State Bar Association

    Member, Board of Governors (2015, 2017 – 2020)
    Member, Scope & Correlations Subcommittee of Board of Governors
    Board Liaison to the Labor & Employment, Privacy & Information Security Law, and Corrections Sections
    Former Chair, Standing Committee on Member Services (2018, 2019)
    Past CLE Coordinator, Privacy & Information Security Law Section (2018)
    Former Chair, Standing Committee on Marketing & Communications (2017 – 2018)
    Former Chair, Special Committee on Membership (2017 – 2018)
    Former Chair, Standing Committee on Racial & Ethnic Minorities and the Law (2012 – 2013)

  • Women's Bar Association of Illinois

    Member

  • Chicago Bar Association

    Member

  • American Bar Association

    Member

  • The John Marshall Law School

    Adjunct Faculty Coach for the VIS International Commercial Arbitration Moot in Hong Kong (2017-present)
    Alumni Association Board of Directors

  • The Sedona Conference

    Member, Working Group 12 – Trade Secrets

Community Involvement

  • Court Appointed Special Advocates (CASA) for Children

    Former Board Member
    Former Sponsorship Chair

  • Just The Beginning Foundation

    Membership Chair, Associate Board; Board of Directors