Daniel J. McGravey

Daniel J. McGravey is Senior Counsel in Clark Hill’s Labor & Employment Practice Group and an ATIXA certified Title IX investigator.

A former Philadelphia Assistant District Attorney, Daniel is a veteran trial lawyer who focuses his current practice on representing private and public sector employers in state and federal courts against allegations of discrimination based on race, gender, age, disability and religion, as well as charges of harassment, hostile work environment  and retaliation. Daniel's practice also focuses on § 1983 civil rights litigation for government entities and he regularly litigates FELA claims (injuries to railroad workers). Daniel has tried multiple cases to verdict in federal and state courts.

Daniel litigates complex matters for individuals and businesses involving restrictive clauses in employment contracts, trade secrets, and non-competition and confidentiality agreements, as well as violations of the Racketeer Influence and Corrupt Organizations Act (RICO). Daniel handles employee defection and recruitment cases in a variety of industries.  These cases routinely require emergency injunctive relief in either federal or state court and subsequent damages claims.  He advises companies and individuals on hiring and firing, recruitment and departure of critical employees and the drafting and enforcement of restrictive covenants.  Daniel routinely drafts and reviews employment contracts for executives in all sectors of business and industry as well as negotiating severance agreements.

Some of Daniel’s representations include:

• A regional transportation authority against discrimination claims by current and former employees based on race and gender.
• A national security staffing company against claims of discrimination and retaliation.
• A mortgage broker against allegations of misappropriating trade secrets, breach of fiduciary duty and breach of a restrictive covenant regarding confidential information.
• A national healthcare company against a class action claim under the Fair Labor Standards Act.
• A law enforcement agency against claims of retaliation by a former high-ranking officer.
• A national hospital emergency department staffing company accused of violating federal fraud statutes.
• A former corporate executive sued by the company’s bankruptcy trustees and lenders, as well as a parallel criminal investigation into allegations of bank fraud.
• A regional telecommunications company against allegations of misappropriating trade secrets.
• A corporate officer of a leading pharmaceutical company specializing in the development and manufacturing of pharmaceutical products in an employment contract dispute.
• A corporate officer of a developmental stage bio-pharmaceutical company in a contract dispute.
• An engineering firm accused of recruiting employees away from a competitor.
• Multiple high-level executives in the negotiation of severance packages.
• A former COO against claims that he violated the Racketeer Influence and Corrupt Organizations Act (RICO) and breached his fiduciary duties to his former company by personally enriching himself with corporate funds.
• A state-wide agency against claims that it took adverse employment actions against current and former employees because of their political affiliation.
• A state-wide agency and several executives accused of violating Pennsylvania's whistleblower statute by terminating an employee for reporting alleged wrongdoing and waste related to the awarding of lucrative contracts.

Daniel served as an Assistant District Attorney in the Philadelphia District Attorney’s Office from 1999 to 2002, where he successfully tried to verdict hundreds of bench and jury trials on a broad range of charges.

While attending the Rutgers University School of Law Camden, Daniel was named Overall Competition Winner of the Hunter Moot Court Competition. He received the Medal for Excellence in Advocacy from the American College of Trial Lawyers.  Daniel advanced to compete in the National Moot Court Competition where he was named a finalist.

Daniel has been selected as a Pennsylvania Super Lawyer for 2014 and 2015 in the area of Employment Litigation Defense. He was selected as a Pennsylvania Super Lawyers Rising Star in 2006 in the area of White Collar Criminal Defense, in 2007 in the area of Civil Litigation Defense and again in 2008, 2010, 2011, 2012, and 2013 in the area of Employment Litigation Defense.

    
Presentations/Publications

• Presenter, “Preventing Harassment and Bullying in the Workplace,” Delaware Valley Labor and Employment Law Conference, April 2017
• “Workplace Violence - Minimizing Risk and Protecting Employees,” The Legal Intelligencer, October 2016
• Presenter, “Disciplinary Procedures That Protect Your Company from Litigation,” Delaware Valley Labor & Employment Law Conference, April 2016
• "Managing Employees’ Bad Habits and Crafting Effective Wellness Programs," PBI's Employment Law Institute (Philadelphia, PA), April 25, 2014
• "Current Employment Issues and Developments Facing the Healthcare Provider Community," PBI's Health Law Institute (Philadelphia, PA), March 13-14, 2014
• "Managing Employees’ Bad Habits and Crafting Effective Wellness Programs," American Law Institute CLE (Philadelphia, PA), October 8, 2013
• "Allegations of Sexual Misconduct in a Post-Sandusky World: What Educational Institutions And Employers Must Know," Philadelphia Bar Institute (Philadelphia, PA), February 14, 2013
• Riding out the Sub-Prime Mortgage Crisis,” Professional Lines Attorney Network Regional Workshop (NY, NY), June 26, 2008
• “The Sub-Prime Mortgage Crisis – Criminal Liability,” AIG Insurance, (NY, NY), September, 2008
• "Shadow Boxing: Essential Defense Considerations in an Era of Well-Coordinated Investigations," American Association of Attorney-Certified Public Accountants' Northeastern Regional Education Conference (Atlantic City, NJ), April 28, 2007
• U.S. Supreme Court Restores Plaintiff's Pregnancy Discrimination Claim
• U.S. Supreme Court Watch – Pending Labor & Employment Cases Safety Policy Bars Disability Discrimination Claim
• Joint Employer Status Does Not Turn Solely On Who Writes The Check Supreme Court Puts to Rest the Meaning of “Changing Clothes”