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Daniel V. Kinsella

Senior Counsel

Daniel V. Kinsella helps corporate clients craft protective practices that include covenants-not-to-compete, trade secret, and helps them resolve union issues.

Dan brings many years of experience in his practice areas of Labor & Employment, Commercial Litigation, and General Corporate law. He represents businesses in industries such as transportation, manufacturing, development, and the service sector. Having grown up in a family with a family-owned manufacturing business, he is attentive to the issues and concerns of companies in maintaining competitive positions in their marketplace.

In his Labor & Employment practice, he has handled a wide variety of matters. He has represented companies in covenant-not-to-compete matters, trade secret cases, and issues involving employees’ duties of loyalty and employee fraud. Often his efforts turn to advising employees on avoiding litigation or reducing its risks.

In matters involving labor relations arising out of union disputes, he represents companies in National Labor Relations Board proceedings, arbitrations, and related court actions. He also represents employers and advises employers in matters arising out of the Multi-Employer Pension Plan Amendments Act and “withdrawal liability” issues. Dan also defends and advises companies in matters involving discrimination and harassment issues.

In addition to employee fraud matters, Dan has handled fraud claims involving fraud arising out of the transfer of assets, hiding of assets, and out of false representations. In many situations, he has advised companies on avoiding or resolving costly and risky litigation.

He has written and lectured on many of the subjects of his practice but seeks to provide companies with the ability to recognize problems before they explode.

Education

J.D., University of Illinois College of Law, Urbana, Illinois, 1977
B.A., Oakland University, Rochester Hills, Michigan, 1973

Recognitions

Illinois Super Lawyers, Law & Politics since 2005

Leading Lawyers Network, Law Bulletin Publishing Company, 2006

Martindale-Hubbell, “peer review rated for ethical standards and legal ability,” since 1991

Memberships

American Bar Association, Labor and Employment Law Section, Employee Rights and Responsibilities Committee

New Trier Swim Club, Board of Directors and Treasurer

State Bar Licenses

Illinois

Court Admissions

U.S. District Ct., N.D. of Illinois
U.S. District Ct., N.D. of Illinois Trial Bar
U.S. District Ct., C.D. of Illinois
U.S. Court of Appeals, 7th Circuit
U.S. Supreme Court
U.S. District Ct., E.D. of Wisconsin
U.S. District Ct., S.D. of Indiana
U.S. District Ct., N.D. of Indiana
Articles
  • “Tortious Interference: A State-By-State Survey”, BNA/ABA, Board of Editors, 2005-2015
  • “Covenants Not to Compete, a 50-State Survey,” BNA/ABA, Board of Directors, 1995-2015
  • “Employee Duty of Loyalty”, BNA/ABA, Board of Editors, 1995-2015
  • “Trade Secrets”, BNA/ABA, Board of Editors, 1995-2015
  • “Annual Legal Update”, Society of Human Resource Professionals (SHRP), 1999-2010
Presentations
  • “Keeping It Under Lock and Key: Restrictive Covenants, Trade Secrets and Employee Duty of Loyalty,” the Plaza Club, 2006
  • “Covenants Not to Compete in Physician Contracts,” Inaugural Meeting of the DuPage County Bar Association Health Care Committee, Wheaton, Illinois, 2005
  • “Conducting a Successful Internal Investigation,” Lorman Education Services, 2004
  • “Review of Labor Relations,” Human Resources Professional Certification Class, Human Resources Certification Institute, 2004
  • “The How and Why of Union Organizing: Positive Human Resources Mean Preventive Labor Relations,” HRCI Review Class, Human Resources Certification Institute, 2004
  • “Recent Legal Developments in HR Management, Immigration and Benefits,” Society of Human Resource Professionals, 2004
  • “Practical Tips for HR Management,” Lorman Education Services, 2004
  • “Time Off Under the Americans with Disabilities Act,” presented at a seminar entitled Time Off in Illinois, sponsored by Lorman Education Services, 2004
  • Society of Human Resource Professionals, 2004
  • “Managing National Labor Relations Act Compliance in Unionized and Non-Unionized Workforces During the COVID-19 Pandemic” Webinar