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Danielle W. Fitzsimmons
Shareholder
Danielle W. Fitzsimmons
Shareholder
Business and Commercial Litigation, Employment
Construction Industry, Financial Services Industry, Health Care Industry, Insurance Industry, Non-Profit Organizations Industry, Real Estate and Residential Property Management Industry, Technology Industry
Overview
Ms. Fitzsimmons is Co-Chair of the Bassford Remele Employment Law Practice Group. She focuses her practice on employment litigation and counseling, representing employers in managing risk, creating and implementing employment policies and agreements, and defending claims arising out of employment relationships.
Employment Litigation
Ms. Fitzsimmons works with employers on a wide variety of employment disputes and litigation. She represents clients in state and federal courts, as well as before state, federal and local agencies, such as the Equal Employment Opportunity Commission, the Minnesota Department of Human Rights, and various city human rights commissions. Ms. Fitzsimmons defends employers facing allegations of violations of employment statutes, including Title VII, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Family and Medical Leave Act, the Fair Labor Standards Act, and the Minnesota Human Rights Act. She also represents employers seeking to enforce employment contracts, including non-compete agreements, and defends employees against restrictive covenant claims.
Employment Counseling
Ms. Fitzsimmons counsels clients on day-to-day employment matters, including hiring, promoting, disciplining, terminating, implementing workforce reductions, determining reasonable accommodations, and ensuring compliance with state and federal wage, hour, and leave requirements. Ms. Fitzsimmons also represents clients in drafting, negotiating and enforcing all types of employment agreements, including executive, inducement, severance, separation and change in control agreements.
Workplace Investigations
Ms. Fitzsimmons assists employers in conducting and managing all phases of the internal investigation process, including witness interviews, data and document collection, engagement of independent investigators, preparation of oral and written findings, and formulation of employment recommendations and action items.
Restrictive Covenants
Ms. Fitzsimmons works with employers to draft, implement and enforce all types of restrictive covenants, including confidentiality, trade secret, non-solicitation and non-competition provisions.
Ms. Fitzsimmons also prosecutes claims for breach of restrictive covenants, misappropriation of trade secrets and tortious interference, and defends against the same.
Commercial Litigation
Ms. Fitzsimmons represents businesses in all phases of general commercial litigation, involving claims for breach of contract, tortious interference, fraud, negligence, defamation, deceptive trade practices, unfair competition, aiding and abetting, false advertising, product disparagement, promissory estoppel, good faith and fair dealing, and unjust enrichment.
EDUCATION & ADMISSIONS
Education
- William Mitchell College of Law, J.D., 2010
- Journal of the National Security Forum, Executive Editor
- William Mitchell Law Review, Assistant Editor
- Miami University of Ohio, B.A., 2007
Bar Admissions
- U.S. District Court, District of Minnesota
- Minnesota
Judicial Clerkships:
- U.S. District Court, District of Minnesota, The Honorable John R. Tunheim, Externship, 2009
- United States Attorney’s Office, Externship, 2010
EXPERIENCE
Representative Cases
Counseled and defended numerous clients regarding claims that company’s websites, mobile applications and store fronts did not comply with the Americans with Disabilities Act. (ADA Public Accommodations)
Prosecuted breach of contract claims on behalf of airline against ground handling company. (Commercial Litigation)
Successful arbitration: arbitrator found brewery liable for breach of contract after client’s beverages spoiled. (Commercial Litigation)
Defended hydraulic fracking company in breach of contract dispute. (Commercial Litigation)
Successful jury trial: obtained total defense verdict on local artist’s claims of fraud and unjust enrichment brought against advertising firm. (Commercial Litigation)
Defended national bank by obtaining Rule 12(b)(6) dismissals on homeowners’ claims that bank violated several statutory and common laws by not giving homeowners loan modifications. (Commercial Litigation)
Successful jury trial: initially obtained injunction, enforcing insurance company’s non-competition agreement. At trial, jury found former sales employee breached his employment contract and was not entitled to deferred compensation. Court ordered former employee to pay $189,000 in attorneys' fees to employer and ordered former employee to return all company documents in his possession. (Employment)
Successful jury trial: obtained complete defense verdict for international food company, as well as a $90,000 judgment against plaintiff in employment discrimination lawsuit. (Employment)
Defended biotech company against former employees’ claims for age discrimination, breach of contract, promissory estoppel, fraud, civil conspiracy, and tortious interference. (Employment)
Defended broadcasting company against current employee’s claims for sex discrimination and violation of the Equal Pay Act. (Employment)
Defended dental supply company against claims of age and sex discrimination, reprisal, and violation of the Equal Pay Act. (Employment)
Defended hospice care provider against claims for breach of non-competition agreement and misappropriation. (Employment)
Defended insurance company by obtaining Rule 12(b)(6) dismissal on former employee’s claims for tortious interference and defamation. (Employment)
Defended international food company against claims for sex-plus discrimination, reprisal and marital status discrimination. (Employment)
Defended employer and its owner against claims of disability discrimination, reprisal, aiding and abetting discrimination, violation of Minnesota's whistleblower statute, negligence and intentional interference with economic advantage. (Employment)
Defended philanthropic organization against former employee's allegations that he was wrongfully discharged in violation of the parties' lifetime employment agreement. (Employment)
NEWS & EVENTS
Bassford Remele | Upcoming Events and Newsletters - Mechanic's Lien
MECHANIC'S LIEN: A PRIMERThursday, December 12, 2024Time: 12-4 PM Seminar | 4-5 PM Social Join us...
Danielle Fitzsimmons and Beth LaCanne to Present on New Employment Laws
Two esteemed members of Bassford Remele's employment team will be presenting at an important...
Women's Leadership Summit | Thursday, September 26, 2024
WOMEN'S LEADERSHIP SUMMIT: Amplifying Allyship: Embracing Risk and Vocal Advocacy Thursday,...
26 Attorneys Selected to Best Lawyers and Ones to Watch
Bassford Remele is proud to announce that 26 of our attorneys have been recognized in the 2025...
Bassford Brief: Amendments to Minnesota's Earned Sick and Safe Time Law
The Bassford Brief: Legal Issues for Lawyers | Attorney at Law Magazine | Vol. 13, No. 7 | July...
Women in the Law | Danielle Fitzsimmons
Celebrating Women in the Law | Danielle Fitzsimmons What does female empowerment mean to you, and...
The Work Week with Bassford Remele | Employment Law Legislative Update | 3/4/24
The Work Week with Bassford Remele March 4, 2024 Welcome to another edition of The Work Week with...
Danielle Fitzsimmons and Beth LaCanne Present Advanced Leave Topics
Bassford Remele Shareholder Danielle Fitzsimmons and Attorney Beth LaCanne will present "Advanced...
The Work Week with Bassford Remele | Cannabis Workplace Regulations | 8/7/23
The Work Week with Bassford Remele August 7, 2023 Welcome to another edition of The Work Week with...
The Work Week with Bassford Remele | MN Legislative Update | 5/23/23
The Work Week with Bassford Remele May 23, 2023 Welcome to another edition of The Work Week with...
The Work Week with Bassford Remele | Wage Theft | 03/20/23
The Work Week with Bassford Remele March 20, 2023 Welcome to The Work Week with Bassford Remele....
Bassford Brief: Employment Disputes at Law Firms
The Bassford Brief: Legal Issues for Lawyers | Attorney at Law Magazine | Vol. 12, No. 5 | May...
PROFESSIONAL & CIVIC
Bar Associations
- Minnesota State Bar Association
- Labor and Employment Law Section
- Hennepin County Bar Association
Professional Associations
- Minnesota Women Lawyers
ACCOLADES
Publications
- Amendments to the Minnesota's Earned Sick and Safe Time Law, co-author with B. LaCanne, Attorney at Law, Vol. 13, No. 7, July 2024
- Employment Disputes at Law Firms: Why External Aid Trumps an Internal Crusade, co-author with K. Locke, Attorney at Law, Vol. 12, No. 5, May 2023
- Mental Health Conditions and Chemical Dependency, co-author, The ADA Handbook, revised 2nd Ed. 2020, Minnesota State Bar Association CLE
- Mental Health Conditions and Chemical Dependency, co-author, The ADA Handbook, 1st Ed. 2013, Minnesota State Bar Association CLE
The Work Week with Bassford Remele
- 2024 Minnesota Legislative Update on Employment Laws, co-author, March 4, 2024
- The New Regulations for Cannabis in the Workplace, co-author, August 7, 2023
Seminars
- Employment Issues in an Economic Downturn, co-presenter with J. Klobucar, Association of Corporate Counsel, June 20, 2024
- FMLA Essentials - Understanding Eligibility, Covered Conditions and Compliance Requirements, co-presenter, Minnesota Continuing Legal Education 2024 Upper Midwest Employment Law Institute, May 20, 2024
- Advanced Leave Topics: Requirements for 2 Special Situations, co-presenter, Minnesota Continuing Legal Education How to Manage Leave Requests in Minnesota Seminar, January 31, 2024