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| DANIEL J. AUERBACH Browning, Kaleczyc, Berry & Hoven, P.C. |
| Missoula Office 100 W. Railroad Street, Suite 200 Missoula, Montana 59802 Telephone: 406-728-1694 Facsimile: 406-728-5475 E-mail: Daniel@bkbh.com Professional Experience BROWNING, KALECZYC, BERRY & HOVEN, P.C. Helena, Montana Associate: 2005 – present Areas of practice: Health Care Law, Construction Litigation, FELA Defense, Commercial Transactions, Intellectual Property Law and General Civil Litigation. GLEAVES, SWEARINGEN, POTTER & SCOTT, LLP Eugene, Oregon Summer Law Clerk: May 2004 – October 2004 Commercial Transactions, Estate Planning, Intellectual Property, Creditors’ Rights, Real Estate, General Litigation UNIVERSITY OF OREGON SCHOOL OF LAW – LEGAL RESEARCH & WRITING PROGRAM Eugene, Oregon Research Assistant: May 2002– August 2002 Formulated research projects on legal issues and proposed solutions for future student assignments Education 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 Marketing / Finance): 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 Admission to Practice United District Court for the District of Montana Montana State Supreme Court Montana State Courts Legal Meberships 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) 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. Return to BKBH Attorneys List |