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Practice Areas:
- Health Care Law
- Construction Litigation
- FELA Defense
- Insurance Defense
- General Civil Litigation
- Commercial Transactions
- Intellectual Property Law.
Education, Degrees & Distinctions
UNIVERSITY OF OREGON SCHOOL OF LAW, Eugene, Oregon
Juris Doctorate: 2005 Honors and Activities: - Class Rank: Top 25%
- Business Law Certificate of Completion: 2005
- Journal of Environmental Law & Litigation: Staff Editor 2003-04
- Journal of Environmental Law & Litigation: Articles Editor 2004-05
- Sports and Entertainment Law Forum: Founder, Co-Director 2001-04
- Volunteer Income Tax Assistance (VITA) Program: Certification 2004
- Volunteer Income Tax Assistance Program: Law School Director 2004-05
UNIVERSITY OF OREGON LUNDQUIST COLLEGE OF BUSINESS, Eugene, Oregon Masters in Business Administration (Sports Business / Marketing): 2005 Honors and Activities:
MBA Consultant, Nike Corporation: 2002 – 2003 UNIVERSITY OF OREGON, Eugene, Oregon
Bachelors of Arts (History): 2001 Honors and Activities: - Dean’s List: Winter 2000, Spring 2000, Winter 2001
- Finalist for Faculty Prize for Distinction in Undergraduate Study: 2001
Bar Admissions
- United District Court for the District of Montana
- Montana State Supreme Court
- Montana State Courts
Professional Memberships
- State Bar of Montana, Health Law Section
- American Bar Association, Health Law, Business and Litigation Sections
- American Health Lawyers Association
- Western Montana Bar Association
Civic Activities
- Board Member, Tangle Free Montana, 2011 to present.
- Coach and volunteer, Mount Jumbo West Little League, 2010 to present
Publications
- Lerner, Lawrence & Baum, Theodore M., Performance Bond Manual (ABA Publishing, 2006)
- Daniel Auerbach, “Morals Clauses as Corporate Protection in Athlete Endorsement Contracts,” 3 DePaul J. Sports L. & Contemp. Probs. 1 (2005)
Daniel J. Auerbach
Bio
Mr. Auerbach was born in Bremerton, Washington and primarily raised in Missoula, Montana. He earned his Bachelors’ degree in History (2001), Masters in Business Administration (2005) and Juris Doctorate (2005) from the University of Oregon in Eugene. In his first year of law school, he was the co-founder of the Sports and Entertainment Law Forum, a student group designed to assist law students with networking and educational opportunities. He earned his MBA in sports business and marketing. He returned to his native Montana in 2005 to begin practicing law. He is a member of the Montana Bar and is admitted to practice in the Montana State and Supreme Courts, and the United States District Court for the District of Montana. Mr. Auerbach is rated “BV" by his peers according to Martindale Hubbell. Mr. Auerbach’s principal areas of practice include Health Care Law, Construction Litigation, FELA Defense, Insurance Defense, General Civil Litigation, Commercial Transactions and Intellectual Property Law. Representative Matters
- Co-counsel in an FELA action that proceeded to trial after Plaintiff's lowest demand was $750,000. After 7 trial days, secured a defense verdict with the jury finding the railroad defendant not negligent by a vote of 11-1.
- Co-counsel in a 10 day jury trial in which the last pretrial demand from Plaintiff was 130,000. After apportionment of damages and set off from other settled parties, the net verdict against the railroad Defendant was under $15,000.
- Secured a summary judgment as to allegations of negligent cab design in a railroad case, precluding that argument from reaching the jury at trial.
- Lead counsel in commercial class action case and successfully had the case transferred to the District of Utah based on Motion to Dismiss or Change Venue.
- Co-counsel in tandem construction litigation cases and successfully obtained summary judgment in client’s favor, dismissing the client from both cases.
- Successfully defeated class certification in a health insurance case involving several thousand putative class members.
- Co-counsel for national credit reporting agency in more than 2,000 related Complaints involving violations of federal laws. All Complaints were resolved through a favorable global settlement and were dismissed with prejudice.
Professional Experience
BROWNING, KALECZYC, BERRY & HOVEN, P.C.
Helena, Montana
Partner: 2005 – present Areas of Practice: Health Care Law, Construction Litigation, FELA Defense, Insurance Defense, General Civil Litigation, Commercial Transactions and Intellectual Property Law GLEAVES, SWEARINGEN, POTTER & SCOTT, LLP
Eugene, Oregon
Law Clerk: May 2004 – October 2004 Areas of Practice: Commercial Transactions, Estate Planning, Intellectual Property, Creditors’ Rights, Real Estate, General Litigation
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