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Daniel Auten

Daniel Auten focuses his practice on complex product liability and mass tort litigation across a variety of industries.

Daniel represents clients in all stages of litigation, including discovery, witness preparation, Daubert and other dispositive motions, and witness examinations. He also advises a broad range of pharmaceutical and consumer products companies on product liability risks, including liability risks associated with the COVID-19 pandemic.

Daniel’s pro bono work includes the successful litigation to defend voting rights in the 2020 Presidential Election, securing asylum for a Salvadoran family threatened by MS-13, and negotiating the release of a mentally ill Virginia inmate into the custody of a mental hospital to receive urgently needed treatment.

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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.
Continue Reading California Employers Must Comply with New Cal/OSHA COVID-19 Workplace Safety Standards