Dan Martin is a partner in the Litigation Practice Group. He represents clients in corporate compliance, white collar criminal defense, employment, and commercial litigation matters.
Dan is a member of the firm's corporate compliance and white collar defense team. A litigator and trial attorney since 2004, Dan has significant experience in a broad spectrum of civil and criminal disputes, particularly in the areas of commercial litigation, corporate compliance and white collar criminal matters, internal and governmental investigations, healthcare fraud defense, False Claims Act defense, and employment litigation.
Dan's clients frequently commend him for his ability to help them properly assess the issues at stake and chart a path forward, and for his relentless pursuit of their objectives. He has handled high-stakes cases on behalf of individuals and businesses under investigation or active prosecution by the Department of Justice (DOJ), including matters in which the DOJ sought hundreds of millions of dollars in damages and penalties, as well as matters where the DOJ pursued felony convictions and prison time. Dan has helped charged clients avoid conviction and prison, and in many cases he has even convinced prosecutors to change their mind and not indict the client. He has also secured favorable plea deals with no prison time, and favorable settlements at a small fraction of the government’s original demands.
In recognition of his litigation and trial skills, Dan earned an award for Excellence in Trial Advocacy from the International Academy of Trial Lawyers. Dan was also selected through peer-review surveys for inclusion in The Best Lawyers in America© 2020 and 2021 for his work in healthcare litigation. He is recognized by Chambers USA – America's Leading Lawyers for Business among the top ranked healthcare lawyers in Alabama. In addition, he is a five-time recipient of the Rising Star award from Super Lawyers for his work in the areas of General Litigation, White Collar Criminal Defense, and Employment Litigation, and he was listed in 2020 Mid-South Super Lawyers as a Top Rated White Collar Crimes Attorney.
Dan received his law degree, with honors, from Notre Dame Law School in 2004, where he was a member of the national moot-court trial team. He received his undergraduate degree from UCLA in 2000. Before returning to his hometown of Birmingham in 2010, Dan was a litigator at Dykema in Michigan.
Commercial Litigation Experience
Dan's commercial litigation experience is broad and deep. He regularly represents clients of all sizes, from individuals to Fortune 500 companies, both as a plaintiff's counsel and defense counsel, and in a wide range of complex commercial disputes, including claims related to the following:
- Breach of contract/breach of warranty
- Construction defects and real property disputes
- Tortious interference and unfair competition
- Product liability
- Wrongful death
- Off-label marketing
Dan handles commercial litigation arising in a variety of different industries, including healthcare, banking, construction, and manufacturing, among others.
Corporate Compliance and White Collar Crime Experience
Dan is an effective corporate compliance and white collar criminal defense lawyer who fully understands how to navigate his clients through the threats posed by such high-stakes matters. He has represented individuals and companies targeted in investigations and enforcement actions initiated by law enforcement and regulatory agencies such as the US Office of Inspector General (OIG), the US Department of Justice (DOJ), the US Department of Health & Human Services (HHS), Centers for Medicare & Medicaid Services (CMS), the Federal Trade Commission (FTC), and the US Department of Housing and Urban Development (HUD).
Dan has particular experience in the healthcare industry, as he has successfully represented numerous individuals and businesses with healthcare investigations and litigation, including matters involving alleged violations of the False Claims Act, the Stark Law, and the Anti-Kickback Statute, as well as matters involving alleged unlawful distribution of controlled substances (including opioids and other Schedule II-IV drugs) and alleged conspiracy to commit healthcare fraud.
Dan also frequently assists companies with internal investigations and whistleblower issues. Among recent matters, Dan and his co-counsel successfully tried a federal criminal jury case representing a physician accused of unlawful distribution of opioids.
Employment Litigation Experience
Dan has extensive experience litigating employment matters, including representing management interests in disputes and lawsuits involving allegations of:
- Wrongful discharge
- Retaliation and violations of whistleblowers' protection laws
- Breach of commissions agreements
- Tortious misconduct
- Tort and fraud liability under a respondeat superior theory
- Breach of non-compete and non-solicitation agreements
- Misappropriation of trade secrets
- Workplace injuries
Among recent matters, Dan secured a trial verdict for a wholesale grocer on a retaliation claim by a former employee and secured summary judgment in federal court on behalf of a construction company defending a former employee’s suit alleging discrimination under the Rehab Act.