To borrow a phrase from baseball, Dana is a five-tool player in the labor and employment field, bringing over 30 years of experience in employment litigation, labor negotiations, ERISA litigation, noncompete disputes and OSHA enforcement.
Dana is a seasoned trial lawyer, a trusted counselor to senior executives and general counsel, and a skilled negotiator. He has handled numerous sensitive and significant disputes within the C-suite, including severance and pension claims brought by senior executives as well as discrimination and retaliation complaints.
Dana earned his undergraduate degree at the College of William & Mary, and his law degree at the University of Virginia, where he was a member of the Law Review. Following law school, he clerked for Judge Robert Beezer of the U.S. Court of Appeals for the 9th Circuit in Seattle.
Dana is an experienced litigator in the employment discrimination area, having handled hundreds of discrimination cases and charges of discrimination in state and federal courts and administrative agencies throughout the country. He has tried to verdict age discrimination, sex discrimination, race discrimination, Equal Pay Act, Family and Medical Leave Act, workplace defamation and disability discrimination cases. He has litigated Title VII class actions in federal court and before the U.S. Equal Employment Opportunity Commission.
Dana regularly represents unionized employers. This experience includes negotiating collective bargaining agreements, defending unfair labor practice charges and defending arbitrations. Dana also counsels employers on how to remain union-free and represents employers in NLRB-sponsored elections.
Dana defends employers in both pension and welfare benefit litigation. Representative cases include class action pension benefit litigation and single plaintiff claims for pension benefits, severance pay, disability and health benefits. He is experienced defending claims alleging breach of change in control severance pay plans. He has successfully represented employers assessed withdrawal liability from multi-employer plans.
Noncompete/Trade Secret Litigation
Dana represents employers as both plaintiffs and defendants in claims involving breach of noncompete agreements, theft of trade secrets and employee raiding. He has tried cases in this area in both federal court and in arbitration. He is experienced in the use of forensic computer evidence to prove the improper taking and use of electronic information.
Dana has represented employers before the U.S. Occupational Safety and Health Administration, the U.S. Mine Safety and Health Administration and state OSHA agencies. He has tried cases before OSHA and MSHA administrative law judges. His experience includes manufacturing and construction companies and he has represented employers in several cases involving workplace fatalities. He tried the first OSHA whistleblower case brought by the Virginia Department of Labor and Industry.
Dana has also held high-level leadership positions at McGuireWoods. He served on the firm’s Board of Partners for six years. He also chaired the firm’s Finance Committee for many years.
Dana serves on the Board of Directors of CrossOver Healthcare Ministry, which provides high-quality subsidized healthcare for Richmond’s working underprivileged community through a network of volunteer doctors and nurses. Dana also serves on the Board of Directors of the Children’s Home Society Memorial Fund. The Children’s Home Society is one of Virginia’s oldest adoption agencies. In addition to finding homes for children of all ages, the organization provides housing, life skills training and counseling for youth who have aged out of the foster care system.
- Representation of global company in age discrimination case in federal court in Milwaukee, Wisconsin. Court granted motion for judgment as a matter of law at trial after presentation of plaintiff’s case.
- Jury verdict for one of the nation’s largest banks in federal court in Richmond, Virginia in a workplace defamation claim.
- Defense verdict for top-hat pension plan following a bench trial where participant in plan challenged benefit calculation.
- Defense verdict for healthcare company in OSHA whistleblower case following a bench trial in Virginia state court.
- Representation of global company in FMLA termination case in federal court in Detroit resulting in jury verdict for defense.
- Negotiation of collective bargaining agreements for international company with operations in Boston, New York and Indiana. Some of these agreements provide for performance-based pay increases in lieu of automatic across-the-board pay increases.
- Summary judgment for arms company in ADA and FMLA case in Kentucky state court.
- Summary judgment for national bank in ADA and FMLA case in federal court in Roanoke, Virginia.
- Jury verdict for defendant paper company in disability discrimination case in Massachusetts state court.
- Representation of global company in class action ERISA case seeking shutdown pension benefits.
- Jury verdict for national grocery store chain in race discrimination case in federal court in Richmond, Virginia.
- Representation of manufacturer in OSHA enforcement action in Illinois. Trial resulted in dismissal of willful citations against defendant.
- Representation of international company in ERISA pension benefit case in which plaintiff, a foreign national who had worked for defendant in U.S., sought benefits under U.S. pension plan.
- Obtained injunctive relief for transportation company in federal court in Kansas City for theft of trade secrets by senior engineer.
University of Virginia School of LawJD
Member, Editorial Board, Virginia Law Review
- The College of William & MaryBA
Named to “Legal Elite,” Labor and Employment, Virginia Business, 2020, 2021, 2023
Selected for inclusion in The Best Lawyers in America, Employment Law-Management, Labor Law-Management, Litigation – Labor and Employment, 2006-2024; Litigation – ERISA; Woodward/White, Inc.,
Selected for inclusion, Labor & Employment – Virginia, Band 4, 2021; Band 2, 2022, 2023, Chambers USA
Selected for inclusion in “Legal 500 United States,” Labor and Employment – Disputes (including Collective Action): Defense, 2022
Named a “Leader in the Field,” Employment Law, Virginia, Chambers USA, 2005, 2006
Named to “Virginia Super Lawyers,” Employment and Labor, Employee Benefits/ERISA, Super Lawyers, Thomson Reuters, 2006-2019
AV Rated, Martindale-Hubbell
- Hon. Robert R. Beezer, U.S. Court of Appeals for the 9th Circuit, 1986-1987
- U.S. Court of Appeals for the 2nd Circuit
- U.S. Court of Appeals for the 3rd Circuit
- U.S. Court of Appeals for the 4th Circuit
- U.S. Court of Appeals for the 6th Circuit
- U.S. Court of Appeals for the 7th Circuit
- U.S. Court of Appeals for the 11th Circuit
- U.S. District Court for the Eastern District of Michigan
- U.S. District Court for the Eastern District of Virginia
- U.S. District Court for the Western District of Virginia
- U.S. District Court for the Eastern District of Wisconsin
- Author, What Businesses Should Know About the NLRB’s Broad Standard for Joint Employment Status, McGuireWoods Legal Alert, November 3, 2023
- Author, OSHA Announces Targeted Heat and Ergonomic Enforcement in Warehousing and Distribution Industries, McGuireWoods Legal Alert, July 20, 2023
- Author, DOJ and NLRB Announce New Partnership to Enhance Enforcement in Labor Markets, McGuireWoods Legal Alert, July 28, 2022
- Author, Virginia Revokes COVID-19 Safety Regulations, McGuireWoods Legal Alert, March 23, 2022
- Author, California Enacts New Employment Laws for 2022, McGuireWoods Legal Alert, December 17, 2021
- Author, California Enacts New Law Targeting Warehouse Distribution Center Production Quotas, McGuireWoods Legal Alert, September 29, 2021
- Author, Biden Administration Announces COVID-19 Vaccine and Testing Mandates for Most Employers, McGuireWoods Legal Alert, September 10, 2021
- Author, Virginia Adopts Permanent COVID-19 Safety Standards for Employers, McGuireWoods Legal Alert, February 3, 2021
- Author, Employer Vaccination Programs and New EEOC COVID-19 Guidance, McGuireWoods Legal Alert, December 22, 2020
- Author, OSHA Issues Guidance for Prompt Reporting of COVID-19 Hospitalizations and Fatalities, McGuireWoods Legal Alert, October 19, 2020
- Author, Virginia Issues First-in-the-Nation COVID-19 Safety Rules for Employers, McGuireWoods Legal Alert, July 20, 2020
- Author, U.S. Supreme Court: Title VII Protects Gay and Transgender Employees, McGuireWoods Legal Alert, June 16, 2020
- Author, California Imposes Rebuttable Presumption for Workers’ Compensation for Employees With COVID-19, McGuireWoods Legal Alert, May 11, 2020
- Author, Virginia Enacts New “Wage Theft Law,” Creating Private Right of Action for Unpaid Wages, McGuireWoods Legal Alert, April 28, 2020
- Author, Virginia Adds Legal Provisions to Combat Worker Misclassification, McGuireWoods Legal Alert, April 27, 2020
- Author, Avoiding Employee Complaints and OSHA Inspections When Reopening the Workplace, McGuireWoods Legal Alert, April 24, 2020
- Author, Virginia Continues Sweeping Employment Reforms, McGuireWoods Legal Alert, April 23, 2020
- Author, Virginia Adds LGBTQ Protections to Anti-Discrimination Law, McGuireWoods Legal Alert, April 14, 2020
- Author, OSHA No Longer Requires Employers to Submit Certain Injury Data, McGuireWoods Legal Alert, February 5, 2019
- Author, OSHA Requires Electronic Submission and Public Posting of Injury Data, McGuireWoods Legal Alert, June 3, 2016
- Author, DOL Issues New Union “Persuader” Rules, McGuireWoods Legal Alert, April 18, 2016
- Author, The Road Ahead: Top 10 Labor Issues to Watch in the Back Half of 2015, McGuireWoods Legal Alert, July 22, 2015
- Author, Revival of M.B. Sturgis? NLRB Signals Expansion of Multiemployer Bargaining Units, McGuireWoods Legal Alert, June 29, 2015
- Author, NLRB’s New “Ambush Election Rules” Go Into Effect, McGuireWoods Legal Alert, April 21, 2015
- Author, 3rd Circuit Extends Pregnancy Discrimination Act Protection to Cover Abortion, McGuireWoods Legal Alert, June 12, 2008