Contact Information

daniel.prokott@FaegreBD.com2200 Wells Fargo Center
90 S. Seventh Street
Minneapolis, Minnesota 55402-3901
T: +1 612 766 7713
F: +1 612 766 1600

Education

Hamline University School of Law
J.D., magna cum laude, Law Review (editor in chief) (2001)
University of Minnesota, Duluth
B.A., dean's list, summa cum laude (1997)

Bar Admissions

Minnesota

Court Admissions

U.S. District Court for the Central District of Illinois U.S. District Court for the District of Minnesota

Daniel G. Prokott

Partner

Dan Prokott advises businesses regarding complex workplace matters.  He represents employers of all sizes, including public and private companies, emerging businesses and non-profit organizations. Dan's clients include businesses across many different industries, including medical technology, financial services, and manufacturing and industrials.

Representative work includes:

  • Advising businesses regarding hiring practices, including issues related to non-discrimination, non-competition, pre-employment testing and background checks
  • Reviewing and drafting offer-of-employment letters and employee handbooks
  • Preparing executive and sales compensation agreements
  • Preparing non-competition and confidentiality agreements, and advising clients on the enforceability of these types of agreements
  • Advising employers regarding employee rights under the Family Medical Leave Act (FMLA), the Americans with Disabilities Act (ADA) and the Fair Labor Standards Act (FLSA)
  • Assisting employers with complex employee discipline and discharge matters, including drafting disciplinary documentation, severance plans and separation and release agreements
  • Counseling employers on best practices for managing and implementing employee restructurings and voluntary and involuntary workforce reductions, including release requirements under the Age Discrimination in Employment Act (ADEA) and the Older Workers Benefits Protection Act (OWBPA), and compliance with the Worker Adjustment and Retraining Notification Act (WARN)

In his counseling practice, Dan draws upon his experience defending employers against age, race, sex, national origin, religious, disability, sexual orientation and retaliation claims, including defending employers in multiple plaintiff and class action litigation. This litigation experience enables Dan to better advise employers regarding employment decisions by understanding how such decisions may be questioned and will be defended if challenged by employees in court or before administrative agencies, including the Equal Employment Opportunity Commission, the Minnesota Department of Human Rights, or other state and local administrative agencies.

Dan is chair of the firm's Electronic Discovery Practice and regularly counsels clients on records management and legal hold practices to limit the costs and risks of electronic discovery in litigation.

Dan's experience also includes defending companies in multimillion-dollar contract disputes and representing clients before the Minnesota Legislature.

Pro Bono

  • Tubman Pro Bono Safety Project
  • Volunteer Lawyers Network

Honors

  • Minnesota Rising Stars, Employment & Labor, 2005, 2007, and 2009-12

Professional Associations

  • Minnesota State Bar Association – Civic Education Committee, co-chair, 2009-12
  • St. Paul Chamber of Commerce Young Professionals
  • Leadership St. Paul, class of 2006

Clerkships

  • Minnesota Supreme Court, 2001–02

Published Articles

  • Employer Strategies for Addressing Tough Economic Times: Reductions in Force and Other Options
    Trends (April 2009)
  • Surveys of Minnesota and North Dakota Employment Privacy and Libel Laws
    Contributing author, Media Law Resource Center's 50-State Survey (2004–2010)
  • Minnesota Tort and Contract Cases
    Contributing author, Minnesota State Bar Association's Labor & Employment Law News (2004–2007)
  • Why Disparate Impact Claims for Age Discrimination Still Face an Uphill Battle
    Trends (July 2005)
  • Tape Recorders At Work
    Co-author, The Computer & Internet Lawyer (2005)
  • Certain Uncertainty: The Preemptive Effect of the MHRA's Exclusivity Provision
    The Hennepin Lawyer (2003)
  • Assistant Editor
    Minnesota Judges Criminal Benchbook (2000)
  • Public Sector Labor/Employment Law: Recent Case Law Developments
    Co-author, Minnesota Institute of Legal Education (2000)
  • Deterrence and the Preservation of Judicial Integrity: The Problems with Pennsylvania Board of Probation and Parole Revocation v. Scott, 524 U.S. 357 (1998) and Why the Exclusionary Rule Should Apply in Probation and Parole Revocation Proceedings in Minnesota
    23 Hamline L. Rev. 249 (1999)

Related Practices

E-Discovery & Record Retention
Emerging Companies & Venture Capital
Employment Counseling & Compliance
Federal & State Employment Laws & Regulations
Human Resources Advice & Training
Labor & Employment
Labor Regulation
Litigation & Advocacy
Mergers & Acquisitions
Regulatory
Social Media Counseling & Guidance

Related Industries

Food & Agriculture
Health Care
Life Sciences
Manufacturing & Industrials
Medical Devices
Medical Technology

Media Mentions

05-December-2011 - Prokott Comments on the Potential Impact of the Supreme Court's Review of Pharmaceutical Sales Reps' FLSA Status

Legal Updates

15-May-2013 - Governor Dayton Signs Bill to Bar Criminal History Requests on Employment Applications
22-April-2013 - Minnesota Senate Passes Bill to Bar Criminal History Requests on Employment Applications
27-February-2013 - Minnesota House Bill Threatens to Void Non-Compete Agreements
18-June-2012 - Supreme Court Decides Christopher v. SmithKline Beecham Corp.
09-May-2012 - Seventh Circuit Holds Pharmaceutical Sales Representatives Are Exempt Under FLSA
07-March-2012 - Pharmaceutical Industry Targeted Again in Case Alleging Misclassification of Sales Representatives
29-November-2011 - Supreme Court to Consider Pharmaceutical Sales Representative FLSA Case
01-September-2011 - Wage and Hour Collective Actions Extend to Medical Device Manufacturers
28-April-2011 - Federal Courts Consider FLSA Exempt Status of Pharmaceutical Sales Representatives
22-February-2011 - Federal Courts Continue to Grapple with FLSA Exempt Status of Pharmaceutical Sales Representatives
03-August-2010 - Court Rulings Impact FLSA Exempt Status of Pharmaceutical and Medical Technology Sales Representatives
18-March-2010 - Author of Zubulake Opinions Pens Another Seminal E-Discovery Decision
27-July-2009 - EEOC Issues Guidance on Waivers of Discrimination Claims
04-May-2009 - The Fair Pay Act and Discrete Employment Actions
15-April-2009 - Employer Strategies for Addressing Tough Economic Times: Reductions in Force and Other Options
29-January-2009 - President Obama Signs Lilly Ledbetter Fair Pay Act

News

25-July-2012 - Faegre Baker Daniels Attorneys Named to Super Lawyers in Minnesota
03-January-2011 - Faegre & Benson Welcomes Eight Lawyers to Partnership
23-November-2009 - Faegre & Benson Lawyers Named to Minnesota Rising Stars 2010
24-November-2008 - Nineteen Faegre & Benson Lawyers Named to Minnesota Rising Stars 2009

Court Admissions

U.S. District Court for the Central District of Illinois
U.S. District Court for the District of Minnesota

Events

30-April-2009 - Construction Law Seminar 2009
26-March-2009 - Webcast - What Every Employer Should Know About The Lilly Ledbetter Fair Pay Act
18-December-2008 - Webcast - Reductions in Force

Representative Matters

Won Motion to Exclude Damages Evidence on Eve of Trial for FICO

Representative Transactions

H.B. Fuller Acquires Forbo's Industrial Adhesives Business
Specialty Commodities, Inc. Purchases Lodi Nut Company, Inc. Assets
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