Dan Rohner is a trial lawyer that concentrates his business litigation practice on complex commercial disputes, particularly in the areas of privacy and cyber security law, trade secret and unfair competition matters and class action defense. For the past 27 years, Dan has handled a wide variety of business lawsuits in Colorado and throughout the country relating to website privacy, data breaches, theft of trade secrets, unfair competition, real estate/leasing and and construction disputes, securities fraud, business torts and insurance coverage. Dan has significant first-chair trial experience in both federal and state courts, as well as extensive arbitration experience before various private dispute resolution providers including the AAA, JAMS, JAG and FINRA. Dan also has substantial experience in appellate representation, and at the start of his career was a judicial clerk for the chief justice of the Colorado Supreme Court.
Dan begins every engagement with a detailed discussion of client risks, opportunities, needs, options and goals. Dan then develops, refines and executes strategic litigation plans with an eye towards reaching a successful, timely and cost-effective resolution of the dispute. Dan’s ultimate goal is to become and remain a trusted advisor to each of his clients; providing first-rate legal knowledge and service at an exceptional value.
Along with his litigation practice, Dan counsels and represents clients in various privacy, employment, real estate and transactional matters. On behalf of employers, Dan has drafted employment agreements, independent contractor agreements, nondisclosure and noncompete agreements, employee handbooks and various HR policies and procedures. Dan also has experience drafting and reviewing licensing agreements, dealer and vendor relationship agreements, and many other agreements defining contractual relationships in various industries.
Representative Matters
Website Privacy Litigation – Dan defends health care providers, telehealth companies, consumer product and medical device manufacturers, among others, in lawsuits throughout the country arising from the use of website marketing tools, like session replay, tags and pixels. These “novel” lawsuits are based on alleged violations of state/federal wiretap laws, federal privacy laws, state consumer protection laws and common law theories of liability.
Data Breach Litigation – Dan represents companies in multiple industries in large-scale data breach class actions.
Successful defense and resolution of multi-million dollar claims against former CEO, key employees and newly formed entity accused of stealing trade secrets and usurping corporate opportunities of former employer.
Obtained a preliminary injunction against three former employees prohibiting the former employees from engaging in competitive business or disclosing the client’s trade secrets contrary to their employment agreements.
Successfully resolved securities fraud claims against Colorado corporation brought by over 40 Plaintiffs from 17 different states.
Secured summary judgment and complete dismissal of all claims against real estate development company accused of securities fraud. Plaintiff was seeking damages in excess of $1.7 million.
Successful defense of commercial bank against tort claims and a request for declaratory judgment asserted by borrower arising out of a failed real estate development. All claims against the bank were dismissed as a matter of law.
Successful defense of financial firm and key employee against claims that the employee violated a non-compete agreement with a former employer. Plaintiff sought a temporary and permanent injunction, as well as significant damages.
Defeated claim for temporary injunctive relief against former CEO and CFO accused of breaching employment agreements and engaging in unfair competition.
Successful defense of security services company in multi-million dollar claim for negligence and breach of contract. Court granted motion to dismiss all claims and awarded attorney’s fees.
Publications and Presentations
Co-Presenter, Preparing and Producing Company Witnesses: Putting Your Best Foot Forward Without Crossing Ethical Lines, ACC Colorado: Ethics & EDI Day, December 5, 2024.
Presenter, Emerging Trends in the Digital Space: Practical Risk Management for Increasing and Evolving Litigation and Enforcement Threats, ACC Colorado In-House Counsel Forum, May 2, 2024.
Presenter, Arbitration Decisions in Pixel/Website Class Actions, Privacy Summit, January 23, 2024
Moderator, When Deals and Disputes are Different: Contract Planning + Best Practices, Colorado ACC Webinar, November 17, 2023 (with Sandy Hawley, James Major and Amy Ragen)
Co-Presenter, When Deals and Disputes are Different - Contract Planning & Best Practices, Association of Corporate Counsel Webinar, November 16, 2023 (with Sandra Hawley, James Mayor and Amy Ragen).
Co-Presenter, Artificial Intelligence and Ethics: What You Need to Know and What You Should Be Thinking About, ACC Colorado Annual Ethics Day, December 1, 2022 (with Camila Tobón and Liz Hutchinson).
Co-Presenter, Hot Topics in Privacy and Data Security Law: What Every In House Lawyer Should Know, ACC In House Counsel Forum, Denver, Colorado, April 4, 2019 (with Erin Hines, Al Saikali and James Theiss).
Co-Presenter, Current Issues in Environmental and Energy Litigation, ABA Regional CLE Workshop, Denver, Colorado, December 6, 2017 (with John Barkett and Kali Backer).
Presentation, Will New Regulations Make It More Difficult to Comply with Data Protection Requirements?, Association of Corporate Counsel (ACC) Denver In-House Counsel Forum, April 2017.
Presentation, Independent Contractors vs. Employees – Risk and Reward, TAP Meeting, December 2013.
Presentation, Impact of New Marijuana Laws on Colorado Employers, TAP Meeting, December 2012.
Presentation, Noncompete Agreements: When are they enforceable? Who do they Protect? Why should you care? TAP Meeting, April 2011.
Presentation, How to Protect your Business from Litigation, West Metro Chamber of Commerce, October 2010.
Article, Lessons from the Recent Saturn Systems v. Militare Decision: Nonsolicitation Agreements and the Protection of Trade Secrets, Colorado Law Week, May 2011.
Article, Oops! That Wasn't Meant for You—Privilege "Clawback" Agreements Under the New Rules, e-Discovery, ABA Section of Litigation 2007.