HR Legal & Compliance Excellence, September 2024
Dan M. Forman
Los Angeles Office Co-Managing Partner & Chair of CDF's Trade Secret Practice Group & CDF's Privacy Practice Group
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.
Areas of Practice
- Unfair Competition and Trade Secrets
- Wrongful Termination and Workplace Tort Litigation
- EEO Litigation
- Class Actions
- Workplace Solutions, Advice and Training
- Traditional Labor Law Unions and the NLRB
- Wage and Hour Issues
- Privacy CCPA/CPRA
Education
Georgetown University Law Center, J.D., cum laude, 1991
University of Wisconsin, Graduate studies in French literature, 1988
Indiana University, B.A., Deans’ list, 1986
Publications
HR Legal & Compliance Excellence, January 2023
How HR Can Protect Employers From Privacy Claims Under CPRA
Competition Policy International (CPI) Antitrust Chronicle, May 2022
Criminal and Civil Liability for No-Poach Agreements in the COVID Era
Quoted, Law.com, February 2022
Labor of Law: Employers Expand Paid Sick Leave to Try to Retain Workers
Quoted, Corporate Counsel, December 2021
For Legal Departments, Shifting Vaccine Policies in 2021 Were a Huge Roller Coaster
Quoted, Retail Dive, November 2021
There may be more 'teeth' coming to board diversity efforts. What does that mean for retail?
Quoted, Corporate Counsel, October 2021
Vaccine-Exemption Requests Putting Legal Departments in Tricky Spot
Co-Author, Daily Journal, August 2021
COVID Long-Haulers Likely Covered by the ADA
Today's General Counsel, February/March 2021
Pandemic-Related Employment Litigation
Today's General Counsel, Fall 2020
Compliance Strategies for Non-Competes
Daily Journal, October 2019
Cannabis and Craft Beer: Insulated From Tariff Wars, Still Protect Trade Secrets
Daily Journal, July 2019
Varsity Blues: Lessons for California Employers
Cannabis Business Times, June 2019
Keeping Trade Secrets Secret to Improve Profitability in the Cannabis Industry
HR.com, June 2019
Employer Investigations Can Help Can Help Avoid the Varsity Blues
Craft Brewing Business, April 2019
Courts Help Brewers Protect Their Recipes & Techniques From Employee Theft
Modern Restaurant Magazine, April 2019
Recent Activity on the Franchise ‘No-Poach’ Agreement Front
Law360, Expert Analysis, April 2019
Equal Pay Day & The US Pay Equity Landscape
Presentations
Co-Presenter, CDF Webinar Series, June 2024
The Californication of Non-Compete Laws – Recent Changes That Impact All Employers Across The United States
Co-Presenter, CDF Webinar Series, May 2024
California Arbitration Agreements: Clarity Amid Complexity
Co-Presenter, California Lawyers Association 2023 Annual Conference, July 2023
Sword & Shield: Bringing and Defending Claims Against Employees
West Hollywood Business Roundtable, June 2023
Employment Law Update
Co-Presenter, CDF Webinar Series, June 2023
The Explosion of ChatGPT & Artificial Intelligence: Top Tips for California Employers
Los Angeles Chapter of the Association of Legal Administrators, May 2023
What Employers Should Know About California's Privacy Laws
Employment Law Vertical Full-Day Program hosted by Highrise Network, April 2023
Federal Regulations Against Non-Compete Agreements
Clear Law Institute, March 2023
California Privacy Laws: What Employers Should Know
Panelist, CDF Webinar Series, October 2022
Top Tips for California Employers to Prepare for the California Privacy Rights Act (CPRA) Effective January 1, 2023
Co-Presenter, CDF Webinar Series, May 2022
Consequences of No-Poach Agreements: Civil and Criminal
Co-Presenter, CDF Webinar Series, January 2022
COVID-2022 - New Variants, New Regulations, and New Administrative Headaches
National Employment Section of the Highrise Professional Group, November 2021
Department of Justice’s Antitrust Prosecutions of Competing Employers Who Enter Into No-Poach Agreements
Co-Presenter, CDF Webinar Series, October 2021
The Intersection of California and Federal Leave of Absence Laws as Workplaces Struggle with COVID-19
Panelist, CDF Healthcare Education Webinar Series, October 2021
COVID-19 Related Employment Issues Impacting the Healthcare Industry
Panelist, CDF Webinar Series, June 2021
Everything You Really Need to Know, Right Now, About the Cal/OSHA COVID-19 Prevention Emergency Temporary Standards
PIHRA Burbank/Glendale Chapter, June 2021
Top 10 COVID Return to Work, Leave and Vaccine Issues for California HR Professionals
Co-Presenter, CDF Webinar Series, March 2021
Developments, Updates and Predictions on Trade Secret and Non-Compete Laws for 2021
Panelist, Gallagher Insurance, Risk Management & Consulting, February 2021
How to Develop and Implement an Effective Diversity & Inclusion Strategy in Your Organization
Co-Presenter, CDF COVID Education Week, December 2020
COVID-19 in the Workplace – Testing Positive & Returning to Work
Co-Presenter, CDF Webinar Series, September 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
Los Angeles County Law Library, Business Series, October 2019
Protecting Your Intellectual Property: Copyrights and Trade Secrets
CDF Webinar Series, September 2019
Top 2019 Trade Secrets & Related Developments That Every California Employer Should Know About
Co-Presenter, Sage Executive Group, May 2020
Return to the Workplace in the Age of COVID-19
Los Angeles County Law Library, Business Series, April 2019
Protecting Your Intellectual Property: Copyrights and Trade Secrets
Co-Presenter, PIHRA 2019 Legal Update, January 2019
Trends in the Enforcement of Federal Immigration Law in the Workplace
PIHRA, December 2018
Is It The End Of The Gig Economy As We Know It? Independent Contractors
Los Angeles Law Library, November 2018
Business Series: Protecting Your Intellectual Property: Copyrights and Trade Secrets
CDF Webinar Series, October 2018
Protecting Against Poachers: Updates on the Trade Secret, Anti-Trust and NDA Front
Los Angeles Law Library, October 2017
Protecting Your Business Advantages: Trade Secrets and Nondisclosure Agreements
CDF Webinar Series, June 2017
Happy Anniversary to the DTSA: Federal Trade Secret Laws Impact on California’s Employers
Bridgeport's Conference on Trade Secret and Employee Mobility, May 2017
The Federalization of Trade Secrets Law - A Discussion about the Defend Trade Secrets Act
XpertHR and LexisNexis, April 2017
Podcast: Protecting Trade Secrets Before It's Too Late
CDF Webinar Series, June 2016
Everything California Employers Need To Know About The New Federal Defend Trade Secrets Act Of 2016
Written Opinions
Angelica Textile Services, Inc. v. Park et al., D062405, 4th App. Dist. (2013)
Recognitions
Listed, Top Trade Secrets Lawyer, Daily Journal, 2019
Martindale-Hubbell AV Preeminent® Rating
CDF Labor Law LLP
- Chair, CDF's Unfair Competition and Trade Secret Practice Group, 2015 - Present
- Los Angeles Office Managing Partner, 2016 - 2024
- Co-Office Managing Partner, 2024
- Chair, Pro Bono Committee, 2019 - Present
- Pro Bono Liaison, CDF's DEI Committee, 2020 - Present
- Editor, CDF's COVID Resource Page, 2020 - Present
- Editorial Board Member, California Labor & Employment Law Blog, 2021 - Present
American Registry’s Award for America’s Most Honored Professionals, 2016
Topic Advisor to ExecSense's Editor-In-Chief
Super Lawyers Corporate Counsel Edition, Employment and Labor Law, 2010
Listed, Southern California Super Lawyers, 2007, 2009 - 2010, 2015 - 2017, and 2021 - 2025
Red Cross of Southern California, Director
Civic Activities
Pacific Coast Soccer Club
Pro Bono
Los Angeles County Superior Court, Judge Pro Tem
FEHA Mediator
Chair, CDF Pro Bono Programming