Contact Information

daniel.prokott@FaegreBD.com2200 Wells Fargo Center
90 S. Seventh Street
Minneapolis, Minnesota 55402
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 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 nonprofit organizations. Dan's clients include businesses across many different industries, including medical technology, life sciences, financial services, manufacturing and industrials, and food and agriculture.

Representative Experience

  • 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), Americans with Disabilities Act (ADA) and 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 Older Workers Benefits Protection Act (OWBPA), and compliance with the Worker Adjustment and Retraining Notification Act (WARN)
  • Advising companies regarding employment matters in corporate transactions, including stock and asset sales and purchases

In his counseling practice, Dan draws upon his litigation 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, Minnesota Department of Human Rights or other state and local administrative agencies.

Dan's experience also includes defending companies in multimillion-dollar contract disputes, representing clients before the Minnesota Legislature, and advising clients on records management practices.

Pro Bono

  • Tubman Pro Bono Safety Project (representing petitioners seeking domestic abuse orders for protection)
  • Volunteer Lawyers Network (representing clients in administrative law matters)

Honors

  • Super Lawyers — Minnesota Rising Star, Employment & Labor, 2005, 2007 and 2009-14
  • Tubman Safety Project (Twin Cities nonprofit organization serving women and families struggling with domestic abuse, substance abuse and mental health issues) — Attorney of the Year, 2013

Professional Associations

  • Minnesota State Bar Association — Labor and Employment Section, Governing Council Member, 2013-15
  • Minnesota State Bar Association — Civic Education Committee, Co-Chair, 2009-12
  • St. Paul Area Chamber of Commerce Young Professionals
  • Leadership St. Paul — Class of 2006

Civic Activities

  • The Friends of the Saint Paul Public Library — Board Member
  • Lifetrack — Board Member

Clerkships

  • Minnesota Supreme Court, 2001-02

Presentations

  • Understanding the New Women's Economic Security Act
    Minnesota State Bar Association, July 2014
  • Minnesota Unemployment Laws – What Every Employment Lawyer Should Know
    Minnesota State Bar Association, April 2014
  • Employment and Non-Competition Agreement Basics
    Upper Midwest Employment Law, May 2013
  • Employment Law: What Happened at the Legislature
    Minnesota Chamber of Commerce Webinar, May 2013
  • Employment Hiring Practices: Six Tips to Help Avoid Liability
    Minnesota Chamber of Commerce Webinar, December 2012
  • Post-Termination Issues – Legal and Practical Considerations
    Minnesota CLE, July 2012
  • Worker Classification, Wage and Hour Enforcement and Social Media Issues
    Minnesota State Bar Association – Health Law Section, March 2011
  • Eight Ways a Lawyer Can Save the Small Business From an HR Disaster
    Ramsey County Bar Association, February 2011
  • Post-Termination Issues
    Upper Midwest Employment Law Institute, May 2010

Published Articles

  • U.S. Supreme Court's Decision in Atlantic Marine Highlights Importance of Including Forum-Selection Clauses in Non-Compete Agreements & Other Employment-Related Contracts
    Association of Corporate Counsel (ACC), December 9, 2013
  • FLSA and Detailer Overtime Payments, Chapter 15: Christopher v. SmithKline Beecham Corp.
    Chapter co-author with Ellen E. Boshkoff and Thomas W. Carroll, Top 20 Food and Drug Cases, 2012 & Cases to Watch, 2013, Food and Drug Law Institute, April 2013
  • Surveys of Minnesota and North Dakota Employment Privacy and Libel Laws
    Contributing author, Media Law Resource Center's 50-State Survey, 2004-14
  • Employer Strategies for Addressing Tough Economic Times: Reductions in Force and Other Options
    Trends, April 2009
  • Minnesota Tort and Contract Cases
    Contributing author, Labor & Employment Law News, Minnesota State Bar Association, 2004-07
  • 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