Daniel L. Baxter
Partner
dbaxter@wilkefleury.com

400 Capitol Mall
Twenty-second Floor
Sacramento
CA 95814
T: 916.441.2430
F: 916.442.6664

PRACTICE AREAS

• Appellate Advocacy
• Business Litigation

Education

• University of California, Los Angeles - J.D. (1999)
• University of North Carolina at Chapel Hill - B.A. (1996)

BIOGRAPHY

General Educational and Professional Background 

Mr. Baxter joined Wilke Fleury in September of 1999, and has been a partner since January of 2007. A Sacramento native, Mr. Baxter attended Del Campo High School and American River College before transferring to the University of North Carolina at Chapel Hill. There, Mr. Baxter graduated with distinction in 1996 with a B.A. in History, having been selected for the Dean's List in each semester of college. Mr. Baxter obtained his Juris Doctorate in 1999 from the University of California, Los Angeles School of Law. In law school, Mr. Baxter was one of 12 individuals selected as a Moot Court Distinguished Advocate (out of approximately 100-150 moot court participants). Also during law school, Mr. Baxter clerked with the civil law and motion departments (Depts. 53 and 54) of the Sacramento County Superior Court, where he received valuable experience in legal research and writing. 

Areas of Emphasis

Mr. Baxter's practice focuses primarily on business litigation and civil writs and appeals. During his tenure with Wilke Fleury, Mr. Baxter has served as lead and backup trial counsel before state and federal courts, as well as in binding arbitrations. He has also briefed and argued before California and federal courts of appeal on behalf of both parties and amici curiae. Mr. Baxter additionally provides general counsel to an assortment of clients ranging from non-profit organizations to small businesses to publicly-traded corporations, and has represented both management and unions in connection with labor negotiations and disputes. He has also appeared before state and local legislative and administrative bodies in support of client-sponsored legislative and regulatory enactments. 

Recently, Mr. Baxter obtained a multi-million dollar jury verdict in favor of plaintiffs Brian Dawe, Gary Harkins, and Flat Iron Mountain Associates against the California Correctional Peace Officers’ Association, Corrections USA, and two individual defendants for breach of contract and defamation—among other claims—stemming from a campaign of misconduct perpetrated by the defendants in 2006 and 2007. After a three month trial, the jury found in favor of Dawe, Harkins, and Flat Iron on their claims, as well as on an assortment of counterclaims made by Corrections USA. Of the $12.6 million in damages awarded to plaintiffs, over $12 million was against CCPOA, the largest correctional officers’ union in the country and a powerful force in California politics. (Dawe v. Corrections USA et al. [E.D. Cal. Case No. 2:07-CV-01790 LKK EFB]) 

Along with colleague Tom Redmon, Mr. Baxter also recently successfully represented a Rocklin, California wood products company in a suit seeking damages arising from a faulty power generation system purchased from a Pennsylvania manufacturer. After a six week trial, the jury issued a $6 million verdict. (Pacific MDF Products, Inc. v. Advanced Recycling Equipment, Inc. et al. [E.D. Cal. Case No. 2:05-CV-0642 LKK JFM]) 

Mr. Baxter has had a number of reported appellate decisions, including New Cingular Wireless Servs. v. McCormick, 2010 U.S. App. LEXIS 6984 (unpublished); New Cingular Wireless Servs. v. McCormick, 2008 U.S. Dist. LEXIS 81775 (unpublished); Garlock Sealing Technologies, LLC v. NAK Sealing Technologies Corp., 148 Cal.App.4th 937 (2007); Excelsior College v. Board of Registered Nursing, 136 Cal.App.4th 1218 (2006); DeFazio v. Hollister Employee Share Ownership Trust, 406 F.Supp. 1085 (E.D. Cal. 2005); Clark v. United Emergency Animal Clinic, Inc., 390 F.3d 1124 (9th Cir. 2004); Clark v. United Emergency Animal Clinic, Inc., 2004 U.S. App. LEXIS 25049 (unpublished); Ng & Tropeano v. Choi, 2003 Cal.App. Unpub. LEXIS 9254 (unpublished); Small v. Fritz Companies, Inc., 30 Cal.4th 167 (2003); Miller v. Santa Clara County Library, 2001 U.S.App. LEXIS 26639 (unpublished). 

Mr. Baxter also has written extensively. His publications include: 

• “All Bark and May Bite,” California Veterinarian , Vol. 56, No. 4 (July/August 2002) 
• “Avoiding the Bite of Liability,” California Veterinarian , Vol. 56, No. 5 (September/October 2002) 
• “You’ve Been Subpoenaed – Now What?,” California Veterinarian, Vol. 56, No. 6 (November/December 2002) 
• “Duty to Warn: Related Issues,” California Veterinarian , Vol. 57, No. 1 (January/February 2003) (with Jay O’Brien) 
• “Employment Agreements,” California Veterinarian , Vol. 57, No. 3 (May/June 2003) 
• Mr. Baxter has written numerous publications for Wilke Fleury’s Labor and Employment Newsletter (accessible on this website under “Articles”). 

Mr. Baxter serves as Wilke Fleury’s hiring partner, as well, and oversees the firm’s hiring of summer clerks and new associates. 

In 2010, Mr. Baxter was listed as a “Rising Star” for the second year in a row by the Northern California Super Lawyers Magazine. Just 2.5 percent of the lawyers in California are accorded that designation, which is bestowed following a multiphase process of peer nominations and evaluations, as well as third party research. 

Professional/Business/Civic Affiliations 

• Featured Speaker at Federation of Associations of Regulatory Boards Convention, “Local Control: Practice Act Preemption,” October 4, 2008
• Board Member and Secretary, Teaching Everyone Animals Matter (a non-profit organization formed to assist Sacramento County Animal Care and Regulation in caring for the lost, abandoned, abused and/or neglected animals in Sacramento County) • Commissioner of Sacramento County Barristers Softball League 
• Local Board Member, United States Selective Service Board 
• Judge Pro Tem, Sacramento County Superior Court, Small Claims Division (2005-2010) 
• Phi Beta Kappa National Honor Society 
• Golden Key National Honor Society 
• Former Member, Milton L. Schwartz American Inn of Court 

Professional Licenses 

Mr. Baxter is admitted to practice before the courts of the State of California, the United States District Courts for the Eastern and Central Districts of California, and the United States Court of Appeals for the Ninth Circuit. 

Personal 

Mr. Baxter lives in West Sacramento with his wife, Toni. In his spare time, Mr. Baxter enjoys hiking, traveling, working out, and playing cards.

REPRESENTATIVE MATTERS

• New Cingular Wireless Servs. v. McCormick
  2010 U.S. App. LEXIS 6984 (unpublished)
• Pacific MDF Products, Inc. v. Advanced Recycling Equipment, Inc. et al.
  E.D. Cal. Case No. 2:05-CV-0642 LKK JFM
• New Cingular Wireless Servs. v. McCormick
  2008 U.S. Dist. LEXIS 81775
• Garlock Sealing Technologies, LLC v. NAK Sealing Technologies Corp.
  148 Cal.App.4th 937 (2007)
• Excelsior College v. Board of Registered Nursing
  136 Cal.App.4th 1218 (2006)
• DeFazio v. Hollister Employee Share Ownership Trust
  406 F.Supp. 1085 (E.D. Cal. 2005)
• Clark v. United Emergency Animal Clinic, Inc.
  390 F.3d 1124 (9th Cir. 2004)
• Ng & Tropeano v. Choi
  2003 Cal.App. Unpub. LEXIS 9254
• Small v. Fritz Companies, Inc.
  30 Cal.4th 167 (2003)
• Miller v. Santa Clara County Library
  2001 U.S.App. LEXIS 26639

PUBLICATIONS

Employment

• A Short Course on Labor Commissioner Hearings
  Wilke Fleury - Labor and Employment News, (May 2007)
• 2007 Legislative Update
  Wilke Fleury - Labor and Employment News, (2007)
• The Expansion of Whistleblower Protection: What Every Employer Should Know
  Wilke Fleury - Labor and Employment News, (August 2006)
• Natural Disasters and the Employer's Duty to Pay Employees
  Wilke Fleury - Labor and Employment News, (August 2006)
• Employment Agreements
  California Veterinarian, Vol. 57, No. 3, (May/June 2003)

Professional Liability Defense

• Duty to Warn: Related Issues
  California Veterinarian, Vol. 57, No. 1, (January/ February 2003 (with Jay O'Brien))
• You've Been Subpoenaed - Now What?
  California Veterinarian, Vol. 56, No. 6, (November/December 2002)
• Avoiding the Bite of Liability
  California Veterinarian, Vol. 56, No. 5, (September/ October 2002)
• All Bark and May Bite
  California Veterinarian, Vol. 56, No. 4, (July/August 2002)