About Dan
As Chair of the Unfair Competition & Trade Secret Practice Group, Dan M. Forman’s knowledge expands beyond employment law to the prosecution and defense of complex matters arising from the protection of trade secrets, and determinations of whether contracts are enforceable or unenforceable covenants not to compete. Client theft and employee poaching are central issues to these cases. This work expands into the area of anti-trust and claims of stifling competition for employment.
Forman’s vast litigation experience, including bench and jury trials, allows him to adeptly achieve efficient and expedited results in cases with high financial exposure. His experience extends throughout state and federal courts, as well as alternative dispute resolution venues. Forman represents clients before a wide range of regulatory agencies, including California’s Labor Commissioner, the Department of Fair Employment and Housing, Employment Development Department, Equal Employment Opportunity Commission and similar agencies.
Forman counsels high tech companies, insurance agencies, security businesses, manufacturers, financial institutions, charter schools, service providers, health and medical industry clients to protect their bottom line, including privacy issues, cyber security and against data breach. He drafts wage and hour policies, employment and severance agreements, arbitration agreements, trade secret confidentiality agreements, and advises on covenants-not-to-compete, collective bargaining and WARN Act compliance to ensure peace of mind.
Forman frequently speaks at industry seminars, webinars, is quoted in the press and writes blog postings and articles to help employers and business executives stay ahead of emerging legal issues surrounding privacy, employee retention, non-compete and confidentiality agreements.
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Publications
"How HR Can Protect Employers From Privacy Claims Under CPRA," HR Legal & Compliance, January 2023
"Criminal and Civil Liability for No-Poach Agreements in the COVID Era," Competition Policy International (CPI) Antitrust Chronicle, May 2022
"Labor of Law: Employers Expand Paid Sick Leave to Try to Retain Workers," Quoted, Law.com, February 2022
"For Legal Departments, Shifting Vaccine Policies in 2021 Were a Huge Roller Coaster," Quoted, Corporate Counsel, December 2021
"There may be more 'teeth' coming to board diversity efforts. What does that mean for retail?" Quoted, Retail Dive, November 2021
“Vaccine-Exemption Requests Putting Legal Departments in Tricky Spot,” Quoted, Corporate Counsel, October 2021
"COVID Long-Haulers Likely Covered by the ADA," Co-Author, Daily Journal, August 2021
"Pandemic-Related Employment Litigation," Today's General Counsel, February/March 2021
"Compliance Strategies for Non-Competes," Today's General Counsel, Fall 2020
"Cannabis and Craft Beer: Insulated From Tariff Wars, Still Protect Trade Secrets," Daily Journal, October 2019
"Varsity Blues: Lessons for California Employers," Daily Journal, July 2019
"Keeping Trade Secrets Secret to Improve Profitability in the Cannabis Industry," Cannabis Business Times, June 2019
"Employer Investigations Can Help Can Help Avoid the Varsity Blues," HR.com, June 2019
“Courts Help Brewers Protect Their Recipes & Techniques From Employee Theft,” Craft Brewing Business, April 2019
"Recent Activity on the Franchise ‘No-Poach’ Agreement Front," Modern Restaurant Magazine, April 2019
“Equal Pay Day & The US Pay Equity Landscape,” Law360, Expert Analysis, April 2019
"California Court Voids Nonsolicit Agreement With Recruiters & Defeats Trade Secret Claims," Recruiting Daily, December 2018
"No-Poaching Agreements: Do Not Pass Go, Do Not Collect $200, Go Directly to Jail," ERE Recruiting Intelligence, May 2018
"Ending 'No-Poaching' Deals," HR Executive, April 2018
“Employee Disability Accommodation: To Grant Leave or Not – That is the Question,” HR Pulse, February 2018
"California's Patchwork of Local Minimum Wages a 'Minefield' for Employers," The Recorder, March 2017
“Employers Beware a Patchwork of California Minimum Wage Laws,” Co-Author, Law360, October 6, 2016
"Make Way For Ducklings (and Other Assistive Animals) in the California Workplace, LexisNexis Labor & Employment Law Community, June 2013
"The World's Foremost Authorities on Employment Law," Kindle Edition, ExecSense, June 21, 2012
“Adding Value in ADR,” Inside the Minds: Preparing for Alternative Dispute Resolution Cases, Aspatore Books, 2007
“Alternative Dispute Resolution: Prepare for Resolution Through Arbitration or Mediation,” Inside the Minds: Mediation and Arbitration Best Practices, Aspatore Books, 2007
Presentations
“Sword & Shield: Bringing and Defending Claims Against Employees” Co-Presenter, California Lawyers Association 2023 Annual Conference, July 2023
"Employment Law Update," West Hollywood Business Roundtable, June 2023
"The Explosion of ChatGPT & Artificial Intelligence: Top Tips for California Employers," Co-Presenter, CDF Webinar Series, June 2023
"What Employers Should Know About California's Privacy Laws," Los Angeles Chapter of the Association of Legal Administrators, May 2023
“Federal Regulations Against Non-Compete Agreements,” Employment Law Vertical Full-Day Program hosted by Highrise Network, April 2023
“California Privacy Laws: What Employers Should Know,” Clear Law Institute, March 2023
"Top Tips for California Employers to Prepare for the California Privacy Rights Act (CPRA) Effective January 1, 2023," Panelist, CDF Webinar Series, October 2022
"Consequences of No-Poach Agreements: Civil and Criminal," Co-Presenter, CDF Webinar Series, May 2022
"COVID-2022 - New Variants, New Regulations, and New Administrative Headaches," Co-Presenter, CDF Webinar Series, January 2022
“Department of Justice’s Antitrust Prosecutions of Competing Employers Who Enter Into No-Poach Agreements” National Employment Section of the Highrise Professional Group, November 2021
"The Intersection of California and Federal Leave of Absence Laws as Workplaces Struggle with COVID-19," Co-Presenter, CDF Webinar Series, October 2021
"COVID-19 Related Employment Issues Impacting the Healthcare Industry," Panelist, CDF Healthcare Education Webinar Series, October 2021
"Everything You Really Need to Know, Right Now, About the Cal/OSHA COVID-19 Prevention Emergency Temporary Standards," Panelist, CDF Webinar Series, June 2021
"Top 10 COVID Return to Work, Leave and Vaccine Issues for California HR Professionals, PIHRA Burbank/Glendale Chapter, June 2021
"Developments, Updates and Predictions on Trade Secret and Non-Compete Laws for 2021," Co-Presenter, CDF Webinar Series, March 2021
“How to Develop and Implement an Effective Diversity & Inclusion Strategy in Your Organization” Panelist, Gallagher Insurance, Risk Management & Consulting, February 2021
"COVID-19 in the Workplace – Testing Positive & Returning to Work," Co-Presenter, CDF COVID Education Week, December 2020
"The Harsh Truths About the CCPA - Compliance Obligations for Companies with California Customers or Employees; Update On AG Enforcement Actions & CPRA On November Ballot," Co-Presenter, CDF Webinar Series, September 2020
"Protecting Your Intellectual Property: Copyrights and Trade Secrets," Los Angeles County Law Library, Business Series, October 2019
"Top 2019 Trade Secrets & Related Developments That Every California Employer Should Know About," CDF Webinar Series, September 2019
“Return to the Workplace in the Age of COVID-19,” Co-Presenter, Sage Executive Group, May 2020
"Protecting Your Intellectual Property: Copyrights and Trade Secrets," Los Angeles County Law Library, Business Series, April 2019
“Trends in the Enforcement of Federal Immigration Law in the Workplace,” Co-Presenter, PIHRA 2019 Legal Update, January 2019
“Is It The End Of The Gig Economy As We Know It? Independent Contractors,” PIHRA, December 2018
"Business Series: Protecting Your Intellectual Property: Copyrights and Trade Secrets," Los Angeles Law Library, November 2018
"Protecting Against Poachers: Updates on the Trade Secret, Anti-Trust and NDA Front," CDF Webinar Series, October 2018
"Protecting Your Business Advantages: Trade Secrets and Nondisclosure Agreements,” Los Angeles Law Library, October 2017
"Happy Anniversary to the DTSA: Federal Trade Secret Laws Impact on California’s Employers," CDF Webinar Series, June 2017
“The Federalization of Trade Secrets Law - A Discussion about the Defend Trade Secrets Act,” Bridgeport's Conference on Trade Secret and Employee Mobility, May 2017
"Podcast: Protecting Trade Secrets Before It's Too Late," XpertHR and LexisNexis, April 2017
"Everything California Employers Need To Know About The New Federal Defend Trade Secrets Act Of 2016," CDF Webinar Series, June 2016
