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Daniel S. Goldstein
Partner / New YorkDaniel S. Goldstein is a Partner in the Litigation and Labor and Employment Practices of Smith Gambrell Russell LLP.
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Full Bio
Mr. Goldstein’s practice focuses on commercial litigation and employment law. He regularly handles cases before state and federal courts, appellate courts, arbitration forums and administrative agencies. He has significant experience litigating complex commercial disputes, and has handled multi-state and cross-border litigations in various jurisdictions including Delaware, California, Florida, Washington D.C., the Netherlands, Cayman Islands, British Virgin Islands, and Israel.
Mr. Goldstein’s labor and employment practice includes handling litigations over employment contract disputes, claims of wrongful termination, class actions under wage and hour laws, discrimination, and disputes over trade secrets and restrictive covenants.
Mr. Goldstein also maintains a diverse commercial litigation practice with experience litigating corporate governance disputes, shareholder and partnership disputes, disputes over director and officer liability and fiduciary obligations, breach of contract cases including claims of fraud and misrepresentation, disputes over real estate and intellectual property, and domestic and international arbitrations.
Before joining Smith Gambrell Russell LLP, Mr. Goldstein was a commercial litigator at a top ranked international boutique law firm in Manhattan. His previous experience includes judicial internships with the Honorable Joseph McLaughlin of the United States Court of Appeals for the Second Circuit and the Honorable Robert Levy of the United States District Court for the Eastern District of New York.
Mr. Goldstein received his undergraduate degree in Business Administration, concentration in Finance, from the State University of New York at Albany, where he graduated cum laude. Mr. Goldstein received his J.D. degree from Brooklyn Law School, where he was Associate Managing Editor of the Brooklyn Journal of Corporate, Financial and Commercial Law, and a member of the Moot Court Honor Society, Trial Advocacy Division.
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Representative Experience
Employment matters
- Represented multi-store retail chain in wage and hour overtime dispute brought by the New York State Department of Labor before the New York State Board of Industrial Appeals.
- Represented international cosmetics company in age and disability discrimination charge before New York City Commission on Human Rights and U.S. Equal Employment Opportunity Commission.
- Represented Board of Directors of publicly traded media company in corporate governance and employment dispute against company’s CEO in the Delaware Court of Chancery over CEO’s improper issuance and voting of company stock and employment termination.
- Represented CEO and Chairman of the Board of leading financial services company in corporate governance and employment dispute before the American Arbitration Association and New York State Supreme Court Commercial Division regarding employment termination and amendments to corporate documents.
- Represented CEO of publicly traded telecommunications company in employment dispute before the American Arbitration Association regarding employment termination and the acceleration and vesting of deferred compensation.
General Commercial Litigation
- Represented BVI company in litigation before the U.S. District Court for the Southern District of New York, and with co-counsel before the Eastern Caribbean Supreme Court Virgin Islands in the High Court of Justice Commercial Division, the Grand Court of the Cayman Islands Financial Services Division, and the Commercial Law Section of the Court of Amsterdam, regarding company director’s fraudulent self-issuance of shares of company stock and attempt to liquidate the company’s interest in a Cayman Islands investment fund.
- Represented foreign software development company in copyright infringement, breach of license agreement and trade secret misappropriation dispute before the U.S. District Court for the Southern District of New York and the American Arbitration Association ICDR regarding licensee’s development of competing software during license term.
- Represented foreign microelectronics company in breach of contract and fraud dispute before the U.S. District Court for the District of Columbia and the American Arbitration Association ICDR regarding joint venture partner’s failure to perform under a joint venture agreement.
- Represented high net worth individual in legal malpractice and breach of contract dispute against former attorney before the American Arbitration Association ICDR, U.S. District Court for the Southern District of New York, New York State Supreme Court Commercial Division, and the United States Bankruptcy Court for the Eastern District of New York.
- Represented high net worth investors against broker-dealer in breach of contract dispute before FINRA and New York State Supreme Court Commercial Division regarding broker-dealer’s confiscation of collateral accounts.
Lawyers’ Professional Liability
- Successfully represented a law firm sued for malpractice in connection with a trademark infringement case before the U.S. District Court for the Southern District of New York. The malpractice lawsuit alleged failure to obtain complete damages information during discovery in the underlying infringement case. Client law firm moved for summary judgment to dismiss the complaint, and while motion for summary judgment was sub judice, the parties executed a stipulation and order of dismissal with prejudice, specifically providing that the legal malpractice claim was mistakenly asserted against the law firm and that any alleged legal malpractice in connection with the trademark infringement case was “committed by other lawyers.”
- Successfully represented a law firm in action for unpaid legal fees against former client before New York State Supreme Court, and in separate action by former client before the U.S. District Court for the Southern District of New York asserting claims for alleged overbilling and ineffective counsel, and before the New York State Attorney Grievance Committee alleging same. Client law firm obtained a judgment for the full amount of its unpaid legal fees against its former client. Former client’s separate action against law firm was dismissed by motion to dismiss, and New York State Attorney Grievance Committee determined to take no action on the grievance complaint.
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Bar Admissions
New York -
Education
Undergraduate- State University of New York Albany
Law School- Brooklyn Law School
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Recognitions
Best Lawyers: Ones to Watch® in America, Commercial Litigation (2024, 2026); Litigation – Labor and Employment (2026) -
SGR Publications
- ‘Tis the Season: Annual Party Pooper’s Guide to the Holidays
- FLSA Does Not Require Higher Standard of Proof for Employers to Demonstrate Employee Exempt Status Under the FLSA
- 2025 New York Employment Law Updates
- Michigan’s Governor Signs Legislation Repealing Right-To-Work Law
- NLRB Issues Guidance in Response to Inquiries Involving Non-Disparagement and Confidentiality Provisions in Severance Agreements
- U.S. Supreme Court Rules Supervisor Earning More Than $200,000 A Year Was Entitled To Overtime Compensation
- Court of Appeals Blocks California’s Ban On Employment Arbitration Agreements
- Employers Must Carefully Draft Severance Agreements After NLRB Deems Non-Disclosure and Non-Disparagement Provisions Violate The National Labor Relations Act
- Looking Ahead to 2024: Illinois to Require Paid Leave for Any Reason
- FTC Proposes a Rule to Ban Non-Competition Clauses in Employment Agreements
- Annual Party Poopers’ Guide to the Holidays: The Office Holiday Party is Back and So Are We
- New York City’s Wage Transparency Law Goes Into Effect on November 1, 2022
- Illinois Expands Unpaid Bereavement Leave
- Employer Liability in Interfering with FMLA Rights
- July 1, 2022 Deadline for Chicago Employers to Update Sexual Harassment Policies and Display New Poster
- Meal and Rest Period Premium are “Wages” that Must be Reported on Wage Statements, and Paid Timely
- Practical Considerations When Including Restrictive Covenants in Employment Contracts
- Congress Amends Federal Arbitration Act with Respect to Arbitrability of Claims of Sexual Assault and Sexual Harassment
- New York City to Require Bias Audits of Automated Employment Tools
- New York City to Require Employers to List Salary Ranges in Job Postings
- Department of Labor Final Rule for Tipped Employees
- U.S. Department of Labor Issues Emergency Rule on COVID-19 Vaccinations and Testing for Medium and Large Employers
- California Senate Bill 331 – “Silenced No More Act”
- Texas Expands Protections Against Sexual Harassment
- North Carolina Amends Wage Notification Obligations for Employers
- California Meal, Rest, and Recovery Period Penalties Include More Than Just Regular Hourly Wage
- President Biden Signs Executive Order to Promote Competition in the American Economy
- California Falls into Line on Workplace COVID-19 Restrictions
- Illinois Passes Sweeping Non-Compete and Non-Solicitation Changes
- Judge Dismisses Texas Lawsuit on Vaccine Mandate
- Updated EEOC Guidance and New COVID-19 Litigation
- New York Passes New Workplace Safety Requirements
- Expansion of New Jersey WARN Act Draws Near
- Santa Clara County, California, Issues New COVID Safety Order Requiring that Governmental Entities and Businesses Ascertain the Vaccination Status of Their Personnel
- OSHA Directs Employers to Follow CDC Mask Guidance
- Virginia Passes Overtime Wage Act
- California Expands COVID-19 Supplement Paid Sick Leave
- American Rescue Plan Act of 2021 Expands Voluntary Families First Coronavirus Response Act Leave
- Updates to the Minimum Wage Rate and Tip-Credit Regulations: For The New York Restaurant and Hospitality Industry
- D.C. Passes Ban on Non-Compete Agreements Amendment Act of 2020
- The PRO Act Would Change Labor Laws for Non-Union and Unionized Employers
- DOL Issues Opinion Letter Regarding Staffing Firms and FLSA Exemption for Retail or Service Establishments
- OSHA Releases Updated COVID-19 Guidance
- EEOC Offers New Resources for Employers
- DOL Issues New Policy on FMLA Leave and Notice Requirements and New Rule on Worker Classifications
- Department of Labor Issues Two New Opinion Letters Regarding Travel Time and Overtime Payments
- Employers Grapple with Recent Ban-the-Box Legislation
- Department of Labor Issues New Rule on Tip Regulations
- EEOC Issues Guidance on COVID-19 Vaccination
- Employer Considerations for COVID-19 Vaccinations
- Annual Party Poopers’ Guide to the Holidays: Pandemic Edition
- ICE Extends WFH Remote Form I-9 Verification to December 31, 2020
- New York Court Rules that OSHA’s Primary Jurisdiction Over Worker Health and Safety Blocks Nuisance Claim for COVID Related Matters
- California Voters Approve Enhanced Data Privacy Rights
- The U.S. Department of Labor (“DOL”) Issues Two Opinion Letters
- California Enacts New Pay Data Collections and Reporting Requirements
- California Law Updates
- Treasury Department Issues Guidance on Payroll Tax Deferral
- Equal Employment Opportunity Commission Issues Q&A Guidance on Employment and Opioid Addiction
- United States Department of Labor Introduces New FMLA Forms and Guidance, Seeks Feedback on FMLA Regulations
- Supreme Court Rules Title VII Covers LGBTQ Workers
- Employer Guidelines for New York Reopening: Phase 2
- California Dramatically Expands Eligibility for Workers’ Compensation Benefits for Employees Diagnosed with COVID-19
- Returning to Work During the COVID-19 Pandemic: Are You Ready?
- EEOC Announces Delay of EEO Data Collections Due to COVID-19
- What Employers Need to Know About Face Coverings
- New Jersey Amends State WARN Act and Family Leave Act
- Staffing Agency Not Liable for Conduct Beyond Its Control
- Expansion of Unemployment Insurance Under the CARES Act
- The Application and Guidance for Paycheck Protection Loans and Grants Is Available
- COVID-19 Related Assistance for Cooperatives and Condominiums Under the Federal CARES Act
- Department of Labor Issues Guidance on Overtime Payments Under the Fair Labor Standards Act
- Families First Coronavirus Response Act Notice
- Families First Coronavirus Response Act – New Federal Paid Leave and Other Requirements Impacting Employers
- New York Passes Legislation Requiring Paid and Unpaid Sick Leave to Employees Subject to Government-Ordered Quarantine or Isolation Due to COVID-19
- The Coronavirus is Giving Employers a Headache! You Have Questions. We Have Answers.
- Employers’ Guide to the Coronavirus Outbreak
- NLRB Finalizes New Joint Employer Rule
- New Jersey Passes Legislation Requiring Increased Notice and Severance Pay
- Final Rule on Joint Employer Status Under the Fair Labor Standards Act
- Important Changes by U.S. Courts Regarding the Permissibility of Service of Process by Mail and Defendants Located Outside the U.S.
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Press
- Smith, Gambrell & Russell, LLP Elects 10 Attorneys to the Partnership
- 34 Smith, Gambrell & Russell, LLP Attorneys Named to 2026 Best Lawyers: Ones to Watch® in America
- 32 SGR Attorneys Named to 2025 Best Lawyers: Ones to Watch® in America
- 23 SGR Attorneys Named to 2024 Best Lawyers: Ones to Watch® in America
- Smith, Gambrell & Russell Welcomes Seven Attorneys to Israeli, Corporate, Real Estate, and Litigation Practices in New York Office