Daniel H. Aiken

Partner Philadelphia
daniel.aiken dbr.com
Phone: (215) 988-2942
Fax: (215) 988-2757

About

Daniel H. Aiken represents employers in a broad array of employment related matters, with an emphasis on litigating claims involving the enforcement of non-compete agreements and wage and hour disputes. Dan’s practices also includes counseling employers on various employment law compliance-related matters, including I-9 audits and proper time tracking and wage payment.

Dan has litigated a diverse range of employment-related lawsuits. He regularly defends companies against class action and individual lawsuits alleging violations of Title VII of the Civil Rights Act of 1964, the Americans with Disabilities Act, the Rehabilitation Act, the Age Discrimination in Employment Act, the Family and Medical Leave Act, the Fair Labor Standards Act and various state laws governing employee rights. Dan also represents employers in disputes with current and former employees involving misconduct and disloyalty, with a particular emphasis on pursuing injunctive relief against former employees for unfair competition, theft of trade secrets and breach of non-competition, non-solicitation, and other restrictive covenants.

Dan also counsels employers on a variety of issues, including layoffs, plant closings and furloughs, individual employment terminations, handbooks, internal policies, and wage and hour issues. He also regularly drafts and reviews employment contracts and severance agreements and provides anti-harassment training.

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

Experience

Dan has represented numerous employers in a broad array of employment related matters. His representative matters include:

  • 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.
  • Served as lead counsel in a jury trial in which Drinker Biddle obtained a jury verdict in favor of a pro bono client whose First Amendment Rights were violated by prison officials.

Credentials

Bar Admissions

  • New Jersey
  • Pennsylvania

Education

  • Rutgers University School of Law - Camden, J.D., 2004, with high honors
  • Philadelphia University, B.S., 2000

Court Admissions

  • U.S. District Court, District of New Jersey
  • U.S. District Court, Eastern District of Pennsylvania