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Dan Kelly represents businesses and business owners in all aspects of dispute resolution in matters involving employment and labor law, noncompete agreements and trade secrets, commercial transactions, real estate and corporate law.

Dan has litigated cases in state and federal trial courts and appellate courts and has represented businesses in arbitration hearings involving labor disputes, employment disputes and commercial disputes. Dan has also represented parties in contested hearings before the National Labor Relations Board.

Dan serves as an arbitrator with the American Arbitration Association on its Employment Neutrals Panel.

Dan is currently the firm’s Corporate Secretary and a member of the firm’s Management Committee and Board of Directors.

Watch Dan Kelly's Labor and Employment Law QA on ReelLawyers.com
Dan Kelly Discusses the Most Rewarding Aspect of Practicing Labor and Employment Law
Dan Kelly Shares What He Enjoys Doing When Not Practicing Law
Dan Kelly Talks About the Felhaber Larson Law Firm

Additional Videos

Labor and Employment Law Dispute Resolution

What types of dispute resolution processes are available in labor and employment law disputes?
Why is it advantageous for businesses and business owners to use alternative dispute resolution (ADR) in labor and employment law disputes?
What pitfalls can arise for businesses and business owners using an alternative dispute resolution (ADR) method to resolve a dispute?
How can employers and small business owners mitigate the damage that disputes can have once they have arisen?

Non-Compete and Related Agreements

What should be included in a non-compete agreement?
What is an example of an unenforceable non-compete agreement?
What other types of agreements do you advise businesses and business owners to issue to their employees?
Why are non-compete agreements important to a business?
What factors do courts typically favor when reviewing a dispute over a non-compete agreement?
At what point is consideration required in a non-compete agreement?
If I am an employer, can I draft non-compete agreements for my employees without an attorney?
What are potential legal pitfalls for a business using a “one-size-fits-all” template for non-compete agreements?

Executive Employment Agreements

What is an executive employment agreement?
What compensation and benefits components are typically included in an executive employment agreement?
What are “golden parachute payments”?
How can businesses protect themselves from poor executive performance?


Practice Areas

  • Litigation
  • Labor & Employment Law
  • Commercial Litigation
  • Civil Litigation
  • Commercial and Residential Property Disputes
  • Noncompetition Litigation
  • Alternative Dispute Resolution



Representative Cases

  • Money v. Yamaha Motors Mfg., 1:11-CV-3245-ODE-LTW (N. D. Geo. February 15, 2013)
  • Carlson v. Bloomington Housing Partners II, 2011 WL 2672258 (Minn. Ct. App. July 11, 2011)
  • Amcon Block & Precast, Inc., 794 N.W.2d 386 (Minn. Ct. App. 2011)
  • Werner v. Medical Professionals, LLC, 782 N.W.2d 840 (Minn. Ct. App. 2010)
  • Smith v. Fairview Ridges Hospital, 625 F.3d 1076 (8th Cir. 2010)
  • Fisher v. Jeddeloh, 2008 WL 933478 (Minn. Ct. App. Apr. 8, 2008)
  • Anderson v. Fairview Health Services, Inc., 2008 WL 3289269 (Minn. Ct. App. Aug. 12, 2008)
  • Carlson v. Bloomington Housing Partners II, 2008 WL 3835176 (Minn. Ct. App. Aug. 19, 2008)
  • Smith v. Fairview Ridges Hospital, 550 F.Supp.2d 1050 (D. Minn. 2008)
  • Harvey v. Wackenhut Corporation, 2006 WL 1605547 (Minn. Ct. App. June 13, 2006)
  • Carlson v. Bloomington Housing Partners II, 2006 WL 1073194 (Minn. Ct. App. Apr. 25, 2006)
  • Ingersoll v. Rolf, 2005 WL 625096 (Minn. Ct. App. Mar. 15, 2005)
  • Kootenia Homes, Inc. v. Reliable Homes, Inc., 2002 WL 15594 (D. Minn. Jan. 3, 2002)
  • Rehnberg v. Schranck, 2001 WL 1132203 (Minn. Ct. App. Sept. 25, 2001)
  • Midway Warehouse Ltd. Partnership v. Ramsey Action Programs, Inc., 2000 WL 687763 (Minn. Ct. App. May 30, 2000)
  • Rainforest Café, Inc. v. Amazon, Inc., 86 F.Supp.2d 886 (D. Minn. 1999)
  • In re DEF Investments, Inc., 186 D.R. 671 (D. Minn. 1995)
  • Professional Certifications, Awards and Designations

Professional Certifications, Awards and Designations

  • Named a 2004 Rising Star and a 2005 Super Lawyer®,
  • Rated “AV Preeminent” (highest rating) by Martindale Hubbell Legal Directory
  • Certified Labor and Employment Specialist in Minnesota by the MSBA
  • Qualified Facilitative/Hybrid Neutral (Mediator) pursuant to Rule 114 of the Minnesota Rules of General Practice for the District Courts
  • Qualified Civil Adjudicative/Evaluative Neutral (Arbitrator) pursuant to Rule 114 of the Minnesota Rules of General Practice for the District Courts
  • Included on the Roster of Employment Neutrals, American Arbitration Association

Bar Admissions

  • Minnesota, 1994
  • Colorado, 2013
  • Iowa, 2013U.S. District Court, District of Minnesota, 1994
  • U.S. District Court, Eastern District of Wisconsin, 2012
  • U.S. District Court, District of Colorado, 2013
  • United States Court of Appeals, 8th Circuit, 2008
  • United States Supreme Court, 2011

Professional Activities and Memberships

  • Member, Minnesota Board of Continuing Legal Education, July 1, 2008-present
    • Chair, July 1, 2012 – present
    • Chair, Rules Committee, July 1, 2010 – July 1, 2012
  • American Arbitration Association Panel of Neutral Rosters, January 2010-present
  • Member, Fourth District Ethics Committee, 2000-2006, 2008-present
    • Vice Chair, October 1, 2010 – October 1, 2012
  • Member, Minnesota Bar Association, 1994-present
  • Member, Hennepin County Bar Association, 1994-present
  • Chairperson, Hennepin County Professionalism Committee, 1999-2000
  • President, Hugh O’Brien Youth Foundation, 1999-2002
  • Pro Bono Mediator, Minneapolis Department of Civil Rights

Education

  • J.D., University of Minnesota Law School, 1994
  • B.A., University of Minnesota, College of Liberal Arts, 1991

Articles

  • Co-author, Karma, Dogma, Dilemma: Religious Accommodation at Work, Bench & Bar of Minnesota, 2009

Presentations

  • Privacy 2000: The Commercialization of Privacy Everything has its Price, Minnesota Institute of Legal Education, February 24, 2000
  • Getting Answers to Your Ethical Dilemmas, Hennepin County Bar Association, May 17, 2002
  • Hey, They Stole My Design!  How Does Copyright Law Apply to Architectural Plans?, Minnesota Continuing Legal Education, June 2003, 2002
  • Copyright Litigation Seminar, Minnesota Institute of Legal Education, July 23, 2002
  • Everyday Ethics: Neglect, Communication and Competency – Communication with Clients, Practice Areas Expertise – What To Do When You Do Not Have It, Hennepin County Bar Association, March 16, 2005
  • The Employment Law Implications of Social Networking, Labor and Employment Law Seminar, Felhaber, Larson, Fenlon & Vogt, P.A. November 6, 2009
  • Labor and Employment Law in the Health Care Industry, University of Minnesota Course – Public Health 7580 September 2016, 2015, 2014, 2013, 2012, 2011, 2010, 2009, 2008, 2007, 2006
  • Non-Competition Agreements in Action: TROs, Litigation and Negotiation Strategies, Minnesota Continuing Legal Education, June 25, 2012,  October 28, 2013
  • So You Need to Enforce a Non-Compete?  So You Want to hire an Employee Who Signed a Non-Compete?  What’s Next?, Labor and Employment Law Seminar, Felhaber Larson, October 3, 2014
  • Non-Competes, Non-Disclosures and Other Restrictive Covenants, Employment Law Institute, May 18, 2015
  • What 2015 Taught Us About Non-Competes, Labor and Employment Law Seminar, Felhaber Larson November 6, 2015
  • Using Temporary Restraints and Preliminary Injunctions to Enforce Non-Compete Covenants, Employment Law Institute, May 23, 2016
  • 2016 Employment Law Update: What Employer Need to Know, Felhaber Larson, October 28, 2016
  • Employment Law Bootcamp for Business Lawyers, Minnesota Continuing Legal Education, October 31, 2016

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