Daniel Barnes is an attorney who advises clients regarding all types of business and litigation issues, including contract and partnership disputes, employment covenant and related litigation, tortious interference claims, franchising matters, disputes involving health care companies, environmental claims, trust and estate disputes, FINRA arbitrations relating to employee claims, and corporate governance.
Daniel regularly represents employers either seeking to enforce or contest the validity of a restrictive covenant imposed upon a current or former employee, including covenants not to compete, covenants not to solicit customers or employees, and covenants relating to protection of confidential or proprietary information. This work usually begins with correspondence among the parties, and when the matter cannot be resolved amicably, he regularly represents clients as lead counsel in actions filed in the federal or state courts seeking either to enforce such covenants or obtain a judicial declaration regarding their invalidity. Such actions are usually filed on an emergent basis, and he regularly litigates Orders to Show Cause, preliminary injunction applications and requests for temporary restraining orders in such matters.
- The College of William & Mary - Marshall–Wythe School of Law (J.D., 1996)
- University of Virginia (B.A., 1992)
- New Jersey
- New York
- U.S. Court of Appeals, Second Circuit
- U.S. Court of Appeals, Third Circuit
- U.S. District Court, District of New Jersey
- U.S. District Court, Southern and Eastern Districts of New York
- Serving as lead trial counsel in a 10-day FINRA arbitration successfully defending claims against an employer for failure to provide compensation.
- Serving as lead trial counsel in a four-day trial before the New Jersey Superior Court that resulted in an award of injunctive and declaratory relief, money damages and verdict in the client’s favor on all claims.
- Serving as lead trial counsel in week-long trial resulting in successful defense of breach of contract claims against health care entity.
- Successfully argued appeal before United States Court of Appeals for the Second Circuit affirming grant of summary judgment in favor of hospitality industry client.
- Trial counsel for client challenging validity of father’s will resulting in favorable finding, including award of attorney’s fees and costs.
- Representing a health care entity as the lead attorney in multimillion-dollar dispute with a group of practitioners that, upon filing of motion for summary judgment, settled on terms requiring no payment by client.
- Obtaining a preliminary injunction protecting a franchisee’s right to continue its business and enjoining a franchisor from discontinuing the parties’ relationship, which, in turn, led directly to settlement discussions and a resolution that preserved and protected the client’s pre-dispute rights.
- Lead counsel for preliminary injunction application on behalf of storage facility resulting in favorable settlement vindicating client’s claims and defenses to counterclaims.
- American Bar Association
- Passaic County Bar Association
- Passaic County Democratic Committee
- Passaic County Fee Arbitration Committee