160 W. Santa Clara St
San Jose, CA 95113
Dan Muller has practiced law for more than 15 years. He specializes in litigating labor and employment matters and has represented both employers and employees. Dan has obtained dismissals and successful verdicts for employers he has defended against claims brought by employees alleging unlawful discrimination and harassment, wrongful termination, failure to pay wages, and breach of contract. Dan has represented individuals, start-up companies, and other businesses in cases of alleged unfair competition and trade secret theft. Dan provides ongoing advice to employers regarding compliance with all state and federal employment laws, union elections, collective bargaining, and arbitrations. Dan has worked with numerous executive and other employees seeking assistance in negotiating employment agreements and severance agreements. Dan has also handled many cases involving business disputes, including those arising out of partnership and corporate dissolutions.
Prior to forming Ventura Hersey & Muller LLP, Dan was a partner in the Labor & Employment practice group of Nixon Peabody LLP. Before that, Dan was a partner at Thelen, Reid, Brown, Raysman and Steiner LLP. Dan also previously worked as an associate at Littler Mendelson LLP.
Prior to attending law school, Dan taught speech and debate to students at a school in Los Altos, California.
Dan lives in San Jose with his wife, Elizabeth, and their children, Tessa, Adeline, and Ian.
Prior Professional Experience
- Nixon Peabody, LLP, Palo Alto, California
- Partner: November 2008 – June 2013
- Thelen Reid & Priest, LLP, San Jose, California,
- Associate / Partner: January 2001 – 2008.
- Littler Mendelson, San Jose, California
- Associate: September 1997 – 2001
- Emory University School of Law, Atlanta, Georgia
- Juris Doctor Degree, With Distinction, May 1997
Honors: Moot Court, Special Teams Member
Santa Clara University, Santa Clara, California
Bachelor of Science in Political Science, June 1993
Represented a group of employers in a putative class action lawsuit alleging failure to pay employees properly for lunch breaks and rest periods;
- Represented a San Jose contractor and obtained the favorable settlement of class action claims alleging failure to pay minimum wages and overtime;
- Represented an international communications company in a single plaintiff case alleging misclassification of an employee and alleged wrongful termination;
- Obtained summary judgment for a group of individuals who started their own business and were sued by their former employer for alleged trade secret theft and unfair competition; successfully argued that the trial court’s decision should be upheld on appeal;
- Represented a San Jose manufacturer of semiconductor industry components and successfully obtained a preliminary injunction against a former executive, which led to a favorable settlement of all corporate and employment claims;
- Represented owners of a business in litigation arising out of the dissolution of a closely held corporation and successfully enforced the provisions of a buy-sell agreement among the business owners;
- Represented a small business in San Jose in connection with an environmental contamination investigation by the Bay Area Regional Water Board and related litigation with former property owners; successfully obtained an order from the State Water Board ruling that our client was not a responsible party for purposes of state law.
- Represented an individual former owner of an accounting corporation in connection with the dissolution of that corporation; successfully enforced a settlement agreement between the former owners of the corporation and obtained an award of attorneys’ fees.
- Represented a REIT specializing in residential loans against allegations of securities fraud brought by a group of shareholders; obtained a complete defense verdict following a three week arbitration;
- Represented an advertising agency against claims brought by a former employee who alleged fraud, breach of contract, and wrongful termination; obtained summary judgment of the employment claims and prevailed on the remaining claims following a month-long jury trial;
- Represented the owners of a small business in San Francisco in connection with valuation claims arising out of the forced buy-out of a former owner; successfully convinced a San Francisco jury to adopt the client’s valuation position, which was millions of dollars less than that advocated by the former owner;
- Handled numerous cases and hearings before the California Divisions of Labor Standards Enforcement, the California Department of Fair Employment and Housing, The Equal Employment Opportunity Commission, the Department of Labor, and the National Labor Relations Board.
- Provides ongoing labor and employment advice—including the preparation of employment policies and handbooks, advice regarding employee hiring and termination, and compliance advice regarding the full range of federal and state employment laws—to numerous small and mid-sized businesses.
- Ninth Circuit Court of Appeals
- Federal District Courts for the Northern and Easter Districts of California
- Member of the Board of Trustees, Montalvo Arts Center, Saratoga California
- Member of the Board of Fellows, Santa Clara University, Santa Clara, California