Daniel H. Aiken

Employment Litigation

Dan defends employers in class and collective actions alleging violations of the Fair Labor Standards Act (FLSA) and state wage-and-hour laws, as well as in individual lawsuits alleging violations of:

• Title VII of the Civil Rights Act of 1964
• The Americans With Disabilities Act (ADA)
• The Rehabilitation Act
• The Age Discrimination in Employment Act
• The Family and Medical Leave Act (FMLA)
• State laws governing employee rights

Dan also represents employers in disputes involving breach of restrictive covenants, mass employee defection, employee disloyalty and theft of trade secrets by pursuing and defending against lawsuits seeking injunctive relief for unfair competition, trade-secret theft and breach of non-competition, non-solicitation and other restrictive covenants.

Employment Counsel

Dan helps employers reduce legal exposure by advising them on managing layoffs, plant closings and furloughs, terminations, and wage payment issues, among many other concerns that arise within the employer-employee relationship. He provides due diligence on corporate transactions, drafts and reviews employment contracts, employment policies and severance agreements, and provides anti-harassment training.

Dan served as a law clerk to the Honorable Robert B. Kugler, United States District Judge for the District of New Jersey.

Representative Experience

• Defeated Class Certification and limited the conditionally certified class to less than 1% of the possible class in an action alleging unpaid overtime brought against a New Jersey-based manufacturer.
• Won the dismissal of classwide claims and limited the conditionally certified class to less than 1% of the possible class in an action alleging unpaid overtime against a Wisconsin based hospital.
• Shared first-chair responsibilities in a three-week jury trial in which Drinker Biddle obtained a defense verdict on behalf of a national association of colleges in a highly publicized case brought by a former aspiring student-athlete who claimed that the association’s eligibility rules operated to discriminate against students with learning disabilities.
• Served as lead counsel in obtaining summary judgment on behalf of a national map company whose former Sales Director claimed he was terminated in violation of the ADA because he had revealed a cancer diagnosis the day before his termination.
• Served as lead counsel in an action against a former employee who downloaded our client’s electronic data prior to resigning. Dan obtained emergency injunctive relief and secured a settlement that precluded the former employee from competing with our client for a substantial period.
• Served as lead counsel in an action against former employees who had diverted our client’s business to a secret, competitive business while still employed by our client. The former employees agreed to substantial injunctive relief shortly after the Complaint and injunction papers were filed.
• Shared first-chair responsibilities in several injunction hearings during which Drinker Biddle gained favorable settlements on behalf of employers that included entering ongoing restrictions on the defendant former employees’ ability to compete or solicit customers.
• Obtained summary judgment on behalf of various clients in the service and retail industries in cases involving allegations of whistle-blower activity and discrimination on the basis of age, race and religion.