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Daniel Auten

Daniel is a partner in the firm’s Washington, D.C. office, where his practice focuses on complex product liability and mass tort litigation across a variety of industries, including pharmaceuticals, consumer products, and digital platforms and services.

Daniel represents clients in all stages of litigation, from pre-litigation planning and risk assessment through dispositive motions practice, trial, and appeal. He was a member of the trial team that secured a complete defense verdict for McKesson in a landmark jury trial involving prescription opioid medications and was a member of multiple trial teams securing complete defense verdicts for Monsanto in the Roundup litigation. As part of that litigation, Daniel also successfully argued an appeal before the United States Court of Appeals for the Ninth Circuit.

Daniel currently represents Meta in more than 5,000 personal injury, public nuisance, and consumer protection lawsuits alleging teen mental health harms related to social media use.

Daniel’s pro bono work includes serving as lead trial counsel on behalf of a federal employee alleging disability discrimination—resulting in a highly favorable settlement on the eve of trial. His prior work also includes securing asylum for a Salvadoran family threatened by MS-13, negotiating the release of a mentally ill Virginia inmate into the custody of a mental hospital to receive urgently needed treatment, and successfully representing multiple veterans who were victims of sexual assault during their military service in seeking upgrades to their discharge status.

On November 30, 2020, emergency temporary COVID-19 workplace standards (“ETS”) issued by the California Division of Occupational Safety and Health (“Cal/OSHA”) took effect.  The ETS, which requires stringent workplace protocols intended to curb the spread of COVID-19, applies to all California employers, other than those subject to the Cal/OSHA Aerosol Transmissible Disease standard or those with only one employee at the workplace who does not have contact with others.  Under the ETS, employers must adopt and implement a comprehensive COVID-19 prevention program that includes identification and correction of COVID-19 risks, employee screening, investigation of cases, use of face coverings and other protective equipment, exclusion of exposed employees, and provision of free COVID-19 testing in certain circumstances, among other requirements.  The ETS also mandates testing and other action when there are multiple infections or an “outbreak” in a workplace.
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