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Daniel E. Friesen
d_friesen
Position:
Partner
Practice Group:
Bar Admissions:
Colorado
Education:
UCLA, J.D., 1984
Moot Court Honors
Law Review
Williams College, B.A., 1981
Cum Laude
Phi Beta Kappa
Telephone:
720-904-6000
Email:
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Practice Overview

Dan Friesen has extensive experience in all types of employment litigation, employment counseling and related matters. He has conducted numerous jury trials (all of which he won) and many more arbitrations, trials to the court and administrative hearings. His clients include Fortune 500 corporations, senior executives of large companies and other lawyers. He has been repeatedly honored by his colleagues as a Colorado Super Lawyer selection, a leading employment lawyer in Chambers USA and is AV Rated in Martindale Hubbell.

In the area of employment law, Mr. Friesen's experience spans a broad range of matters, including many cases in each of the following areas.

  • Discrimination based on age, sex, race, national origin, religion and disability (ADA)
  • Retaliation
  • Harassment, including sexual, racial, ageist harassment
  • Wrongful discharge
  • Fair Labor Standards Act (FLSA)
  • Family Medical Leave Act (FMLA)
  • Breach of contract
  • Wage claims
  • Non-competition agreements
  • Theft of trade secrets and confidentiality agreements
  • Traditional labor law
  • RIF (Reduction in Force) counseling
  • Termination counseling
  • Employment law audits of FLSA, OWBPA, OFCCP, FMLA, handbooks and more
  • Executive compensation

Mr. Friesen also has substantial experience in complex commercial litigation and class actions. He has litigated many cases involving real estate, creditor's rights, antitrust violations, consumer protection, and constitutional law. He was a teacher at the National Institute for Trial advocacy, training other lawyers on how to try complex cases.

Prior to forming his own firm, Mr. Friesen served as Chairman of the Employment Law Group and a Member of the Management Committee of one of Denver's oldest and largest firms. He graduated from UCLA Law School, where he served as the managing editor of the UCLA - Pacific Basin Law Journal and received honors for his moot court advocacy. He served as a law clerk for the Honorable Jim R. Carrigan of the United States District Court for the District of Colorado.

Honors and Awards

Professional

  • Colorado Employment Lawyer of the year 2011, Corporate International Magazine
  • Chambers USA, based on client survey, recognized as leading Labor & Employment Lawyer 2007 - 2012
  • Colorado Super Lawyer selection 2007-2012
  • Peer Review Rating AV Martindale Hubbell (5.0 out of 5.0)
  • 9-News Leader of the Year Finalist
  • Denver Business Journal Forty under 40 Business Leaders Award
  • Outstanding Young Man of America Award
  • Leadership Denver
  • Second Vice President, Denver Bar Association, 1993-1994
  • Young Lawyer of the Year 1992, Denver Bar Association
  • Civil Litigator Award 1991, Colorado Bar Association
  • Colorado Lawyer for the Arts Award 1991

UCLA Law

  • Distinguished Advocate, UCLA Moot Court Honors Program
  • Managing and Comments Editor, UCLA-Pacific Basin Law Journal
  • Member, UCLA-Alaska Law Review (published case note)

Williams College

  • Phi Beta Kappa selection
  • Cum Laude
  • Captain Varsity Soccer
  • President Armstrong House
  • Fox Award for Leadership

Representative Cases

Employment litigation

  • Defended a $5 billion internet company against multi-million dollar class-action claims for unpaid commissions arising from "true-up" accounting system. After two and a half week trial, obtained a judgment dismissing all claims. Subsequently defended the judgment on appeal and obtained an award of over $500,000 in attorneys' fees against the class representatives.
  • Defended an international telecommunications client against claims of FLSA violations resulting from the company's alleged failure to accurately count lunch periods, break time and computer start-up time. Settled claims presenting over $5 million in exposure for small fraction of the defense costs.
  • Represented a Fortune 50 national retailer in defending class action retaliation claims brought by the EEOC on behalf of 34 named plaintiffs. Following more than three years of litigation and negotiations, obtained a favorable class-wide settlement for the company.
  • Represented an engineering company in asserting claims against a group of former employees who resigned en masse to take a company business unit and start their own firm. Following a three-week jury trial, obtained a verdict of $2.6 million and defended that verdict on appeal.
  • Defended a Wyoming retailer against 15-party sex discrimination case. Obtained finding of no probable cause from the EEOC on all charges.
  • Defended a national retailer in a four-party age discrimination case following a reduction in force. Obtained very favorable settlement after winning partial summary judgment.
  • Defended a Fortune 50 company in a four-party race discrimination claim involving alleged discrimination at multiple locations. Obtained summary judgment dismissing all claims before trial.
  • Obtained directed verdict for defense in jury trial in which plaintiff alleged he had been passed over for promotion because he is African American.
  • Obtained defense verdict for Fortune 100 company in week-long jury trial in which plaintiff (sales representative) alleged he was terminated because he is Hispanic.
  • Obtained defense verdict following week-long jury trial in two-plaintiff sex discrimination case brought by repair technicians at a regional appliance repair facility.
  • Obtained defense verdict and judgment for defense on counterclaim following week-long jury trial for national electronics retailer that sued employee for theft.
  • Successfully conducted series of arbitrations for national manufacturer, defending against claims for wrongful dismissal under a collective bargaining agreement.

Commercial Litigation

  • Prosecuted a three-week arbitration on behalf of executive claiming $150 million in stock rights following constructive discharge from senior executive position for one of largest cable companies in the world.
  • Defend class certification of claims by investors in large publicly-traded oil company, following large fluctuations in the market price. Obtained substantial limit on scope of class.
  • Prosecute antitrust claims on behalf of 100s of schools in California, claiming that a magazine publisher unlawfully restricted sales of magazines in school fundraiser. Obtained settlement of over $40 million.
  • Prosecute class action on behalf of 10,000 consumers asserting claims for violation of the Colorado Consumer Protection Act based on inadequate disclosures in their automobile purchases.
  • Three-week arbitration over track rights of national railroad in the Denver Stockyards, dating back to the 1890s.
  • Successfully challenged the constitutionality of Colorado's Charitable Solicitations Act under the First Amendment.
  • Medicare class action challenging the constitutionality of the Medicare legislation precluding judicial review of Medicare rates.
  • Appointed as special Attorney General by State of Colorado to defend tobacco settlement funds against allegations by major tobacco companies that the State failed to diligently enforce its laws.

Publications

  • "Investigating Sexual Harassment," Vol. 21:9 Colorado Journal, ยง II 4 (February 1997)
  • "Enjoining Former Employees from Taking Software," 24 Colorado Lawyer 1771 (1995)
  • "New Shield Law Protects Reporters from Subpoenas," 20 Colorado Lawyer 891 (1991)
  • "Drug Testing in Colorado: Problems and Advice for Private Employers," 19 Colorado Lawyer 413 (1990)
  • "Challenging Alaska's Ban on the Fluctuating Work Week," 12 UCLA-Alaska Law Review 183 (1983-84

Seminars and Speeches

  • Trial Advocacy, National Institute for Trial Advocacy, 1997-98
  • "When Should Human Resources Call Legal Counsel: a guide to use of outside counsel in managing difficult human resources issues," HF Seminars, October 2009.
  • "Exit Check Lists, Wage Claim Act Issues, and Other Administrative Considerations When Terminating Employees," Colorado Bar Association, spring 2009.
  • "New Developments in Employment Law: FMLA, ADA, and Discrimination Law," Employment Seminars, October 2008
  • "Fair Labor Standards Act - New Developments in Compliance Issues and Class Actions," Sterling Education, April 2008
  • "Why Plaintiffs Sue: Identifying High Risk Employees in the Areas of Harassment, Wrongful Discharge and Discrimination," HF Employment Seminars, October 2006
  • "Employee Handbooks and At-Will Employment," National Business Institute, January 2006
  • "Discrimination Basics - How Companies get it Wrong," Employment Seminars, 2005
  • "Recent Development in Discrimination, Harassment and Sarbanes-Oxley," Employment Seminars, November 2004
  • "Motions in Limine," National Employment Lawyers Association, June 2003
  • "Handling Employees with Bad Attitudes," Employment Seminars, September 2002
  • "Opening Statement in Employment Cases," Lorman, April 2002
  • "Employment Law for Small Businesses," National Business Institute, March 2002
  • "Family Medical Leave Act," American Bar Association, October 2001
  • "How to Win Employment Litigation," Employment Seminars, September 2001
  • "Trade Secrets and Non-Compete Agreements," Colorado Bar Association, September 2001
  • "Employment Law Overview," Colorado Business Association, July 2001
  • "Privacy in the Workplace," National Business Institute, December 2000
  • "Protecting Intellectual Property in the Workplace," Employment Seminars, October 2000
  • "The ADA, FMLA and Workers' Compensation," Council on Education in Management, October 1999
  • "New Developments in Employee Handbooks," Employment Seminars, September 1999
  • "Employment Law - An Intermediate to Advanced Level Seminar," Colorado Bar Association, CLE, April 1999
  • "Recent Developments in Employment Law," Colorado Bar Association CLE, October 1998
  • "Fundamentals of Mergers & Acquisitions and Ethics of the Transactions," Colorado Bar Association CLE, October 1998
  • "Fundamental Issues in Colorado Human Resources Law," National Business Institute, October 1998
  • "New Developments in Sexual Harassment," Employment Seminars, September 1998
  • "Employee Testing," Council on Education in Management, August 1998
  • "Current Issues in Privacy in the Workplace," Colorado Legal Education, Inc., March 1998
  • "Colorado Labor and Employment Law," National Business Institute, January 1998
  • "Domestic Violence in the Workplace - What Employers Must Do," Colorado Bar Association, August 1997
  • "Privacy in the Workplace in Electronic Era," Continuing Legal Education in Colorado, Inc., April 1997
  • "Top 10 Disabilities Under the ADA and How to Accommodate Them," Counsel on Education in Management, February 1997
  • "Employee Reviews in Discrimination Cases," Colorado Human Resources Association Legislative Law Conference, January 1997
  • "Ethical Issues for In-House Counsel," American Corporate Counsel Association, December 1996
  • "Employment Law - An Overview," Restaurant Hospitality & Gaming Conference, Las Vegas, November 1996
  • "Legal Issues in Managing Your Unworking Workforce," Council on Education in Management, October 1996
  • "New Developments in ERISA Litigation," Employment Law Seminar, September 1996
  • "Employment Issues in Mergers and Acquisitions," Cambridge Institute, May 1996
  • "Sexual Harassment - The Most Difficult Problems," Employment Seminars, April 1996
  • "Employment Law Update," Boulder Area Human Resources Institute, January 1996
  • "Theft of Trade Secrets," Labor and Employment Seminars, September 1995
  • "Discharging Employees," Japan-America Society, January 1995
  • "Labor and Employment Law Issues for Corporation Counsel," Continuing Legal Education in Colorado, Inc., October 1994
  • "Controlling Litigation Expenses," National Business Institute, September 1994
  • "Family and Medical Leave Act," Labor and Employment Seminars, May 1994
  • "Colorado Labor and Employment Law," National Business Institute, January 1994
  • "Litigation of Discrimination Claims Before Administrative Agencies in Colorado," Colorado Bar Association Convention, October 1993
  • "Family and Medical Leave Act," Housing and Development Law Institute, Fall 1993
  • "The Americans With Disabilities Act," Colorado Bar Association Convention, September 1992
  • "Fair Labor Standards Act," Council on Education in Management, June 1993
  • "Sexual Harassment," Colorado Human Resources Association, January 1993
  • "Privacy in the Workplace," Colorado Human Resources Association, January 1993
  • "Employment Contracts," Boulder Human Resources Association, August 1992
  • "The Civil Rights Act of 1991," Council on Education Management, July 1992
  • "The Eroding Doctrine of Employment at Will," National Business Institute, March 1992
  • "Employment Contracts," Labor and Employment Seminars, January 1992
  • "Employee Theft," Labor and Employment Seminars, January 1991
  • "Drug Testing: Problems and Advice for Private Employers," Drug Free Workplace Seminar, Colorado Chamber of Commerce, June 1990

Community Involvement

  • The Children's Hospital: Board Member, Secretary, Executive Committee, Chair Professional Affairs Committee, Executive Compensation Committee. 1999-2010
  • Colorado Storm Soccer Association: Board Member, Vice President, President, Chair New Fields Committee. 1992-2007
  • Educare (now known as Qualistar): Founding member and general counsel 1998-2001
  • Family Futures: Board Member, Chairman of Board 1993-1997
  • Mile High Child Care Association: Board Member, Vice President 1988-1996
  • Colorado Lawyers Committee: Board Member and Task Force Chairman 1993-1997
  • Association of Senior Citizens: Board Member 1991-1994
  • Mayfair Neighbors: Board Member, Chairman of Zoning Committee 1987-1990
  • Pro Bono Coordinator for Davis, Graham & Stubbs 1991-1997
  • Precinct Committee person 1986-1992
  • Soccer Coach competitive, traveling youth teams 1992-2009

Interests

  • Soccer, biking, triathlons, politics, reading