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.
- Tubman Pro Bono Safety Project
- Volunteer Lawyers Network
- Minnesota Rising Stars, Employment & Labor, 2005, 2007, and 2009-11
- Minnesota State Bar Association – Civic Education Committee, co-chair, 2009-12
- St. Paul Chamber of Commerce Young Professionals
- Leadership St. Paul, class of 2006
- Minnesota Supreme Court, 2001–02
- 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
Media Mentions
05-December-2011 - Prokott Comments on the Potential Impact of the Supreme Court's Review of Pharmaceutical Sales Reps' FLSA Status
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)
Legal Updates
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
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
Bar Admissions
Minnesota
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
Specialty Commodities, Inc. Purchases Lodi Nut Company, Inc. Assets