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Dan Johnson has more than 30 years of experience helping government contractors and other clients successfully resolve litigation and employment disputes.
Mr. Johnson has extensive trial experience, resulting in bench and jury verdicts in favor of his clients. These include success in multi-million dollar litigation involving alleged trade secret theft or the movement of key employees between competitors. He also regularly represents clients in complex business litigation arising from prime-sub and other business disputes.
Mr. Johnson also helps employers resolve a host of matters arising out of the employment relationship. These include employment agreements, covenants not to compete, employee discipline and terminations, and discrimination, whistleblower, wage and wrongful termination claims.
Mr. Johnson is a contributing author to “The Comprehensive Guide to Lost Profits Damages for Experts and Attorneys” published by Business Valuation Resources, LLC.
- Complete jury verdict for defendant contractor in trade secrets case. Mr. Johnson was the lead trial counsel for an aerospace contractor accused by a competitor of theft of trade secrets and other misdeeds. The plaintiff sought $30,000,000, but Mr. Johnson convinced the jury to completely reject the claims.
- Multi-million dollar judgment for client in trade secrets case. Mr. Johnson was the lead trial counsel for a government contractor suing for theft of trade secrets and conspiracy by former employees and a competitor. After the trial, the court awarded Mr. Johnson’s client over $5,000,000, and the verdict was affirmed on appeal.
- Complete summary judgment for defense contractor client. Mr. Johnson was lead counsel for a government prime contractor accused of fraud, misuse of trade secrets, and breach of a subcontract. Mr. Johnson convinced the court to enter a summary judgment in favor of his client.
- Complete verdict for government contractor in labor case. Mr. Johnson was trial co-counsel for a government contractor accused of violating federal labor laws by refusing to hire certain workers. Mr. Johnson helped convince the trial judge that the client had not violated the law.
- Arbitration verdict for software developer. In this “bet the company” case, Mr. Johnson was lead trial/arbitration counsel for a software development company defending against claims of breach of a software development subcontract for the New York City subway system. Mr. Johnson obtained a complete defense verdict for his client.
- Successful resolution of employment disputes. In various matters, Mr. Johnson has been lead counsel for employers accused of employment discrimination and/or violation of other employment laws. Mr. Johnson has negotiated favorable settlements for his clients, avoiding the expense and uncertainty of trial.
Reported Cases Include:
- Plainville Electrical Products Co. v. Bechtel Bettis, Inc., No. 3:06cv920 (SRU), 2009 WL 801639 (D. Conn. Mar. 26, 2009).
- ManTech Int’l v. Analex Corp., 75 Va. Cir. 354 (Fairfax Co. Cir. Ct. Jul 18, 2008).
- Advanced Marine Enterprises, Inc. v. PRC Inc., 256 Va. 106 (1998).
- United Technologies Corp. v. Chromalloy Gas Turbine Corp., No. 95-444-RRM, 1998 U.S. Dist. LEXIS 13523 (D. Del. Aug. 14, 1998).
- DynaLantic Corp. v. Department of Defense, 115 F.3d 1012 (D.C. Cir. 1997).
- United States v. Laerdal Manuf. Corp., 853 F. Supp. 1219 (D. Or. 1994).
- Monoflo Int'l, Inc. v. Sahm, 726 F. Supp. 121 (E.D. Va. 1989).
Memberships and Affiliations
- The District of Columbia Bar, Litigation and Employment Sections
October 13, 2017, Covington Alert
Beginning October 31, 2017, New York City employers will no longer be permitted to ask job applicants about their salary history or rely on a job applicant’s salary history in determining the potential salary or benefits for that applicant. The new legislation, which applies to all employees working in New York City and was signed by Mayor Bill de Blasio in May, ...
June 30, 2017, Covington Alert
Earlier this week, the Supreme Court issued a ruling staying certain parts of the injunctions entered by the Fourth and Ninth Circuit Courts of Appeal against Executive Order No. 13780, the so-called "travel ban" Executive Order (the “Order”), and the State Department issued clarifying guidance on June 28. The effect of the Supreme Court ruling is to allow implementation of the Order to move forward with respect to foreign nationals from Iran, Libya, Somalia, Sudan, Syria, and Yemen (the “Restricted Countries”) who do not have “bona fide relationships” with persons or entities in the United States. (For further background on the Order, see our prior alert.) As we have previously advised, U.S. employers who employ foreign nationals from the Restricted Countries should carefully consider whether international travel for such employees is necessary; if so, such employees should carry extensive documentation reflecting his or her ties with the U.S. employer to establish a “bona fide relationship.”
March 7, 2017, Covington Alert
Yesterday, President Trump issued a new Executive Order (the “Order”) titled “Protecting the Nation from Foreign Terrorist Entry into the United States.” This new Order replaces the so-called “travel ban” Executive Order issued January 27 (the “Prior Order”) which was subject to a nationwide temporary restraining order issued by the U.S. District Court for the Western District of Washington, a stay of which was denied by the United States Court of Appeals for the Ninth Circuit. The new Order, which has narrowed the class of foreign nationals affected, replaces the Prior Order in full and will go into effect on March 16, 2017 (the “Effective Date”).
February 10, 2017, Covington Alert
Following last week’s advisory concerning President Trump’s Executive Order “Protecting the Nation from Foreign Terrorist Entry into the United States (the “Order”), numerous lawsuits were filed challenging the Order. One such challenge, filed by the State of Washington and the State of Minnesota, culminated in yesterday’s unanimous decision by the United States Court of Appeals for the Ninth Circuit, which left in place a temporary restraining order (“TRO”) barring enforcement of core provisions of the Executive Order pending further consideration of the case. Though the so-called “travel ban” is currently on hold, employers should continue to monitor developments closely.
February 7, 2017, Inside Government Contracts
Just two days before Donald Trump’s Inauguration, the Federal Acquisition Regulatory Council published a proposed rule to implement Executive Order 13693, Planning for Federal Sustainability in the Next Decade, and certain biobased acquisition provisions of the Agricultural Act of 2014. The Council characterized the rule as advancing policies put into effect by ...
February 6, 2017, Inside Government Contracts
A new administration will often articulate its approach to the management of executive agencies through the issuance of an executive order. President Clinton issued E.O. 12866 in the fall of 1993 and set forth both the process of regulatory review and a regulatory philosophy meant to guide executive agencies. E.O. 12866 placed an emphasis on...… Continue ...
January 30, 2017, Covington Alert
As has been widely reported, President Trump issued an Executive Order (“the Order”) on Friday, January 27, 2017, entitled “Protecting the Nation from Foreign Terrorist Entry Into the United States,” which, among other directives, bans individuals from Iran, Iraq, Syria, Sudan, Libya, Yemen, and Somalia (the “Covered Countries”) from entering the United States for at least the next 90 days following the date of the Order.
October 5, 2016, Inside Government Contracts
The Labor Department’s Wage & Hour Division (“WHD”) released final regulations implementing mandatory paid sick leave for employees working on federal service, construction, and concessions contracts. The Labor Department incorporated some changes to the proposed regulations, which we previewed earlier this year, but the final rule still imposes significant ...
June 7, 2016, Covington Alert
On May 18, the U.S. Department of Labor (DOL) finalized its much-anticipated update to the Fair Labor Standards Act’s (FLSA) so-called white collar overtime exemption rule. Effective December 1, 2016, an employee must earn at least $913 per week—the equivalent of $47,476 per year, more than double the current rate—in order to qualify as exempt from overtime under the federal executive, administrative, and professional exemptions. The salary threshold for the federal highly compensated employee (HCE) exemption will increase to $134,004 per year. Beginning January 1, 2020, these thresholds will automatically increase once every three years.
March 17, 2016, Law360
September 28, 2015, Inside Government Contracts
Two years ago, government contractors faced the various employment law implications of furloughs caused by the government shutdown. Many federal agencies furloughed employees and instructed contractors to implement similar reductions in contract hours. Despite recent public statements from outgoing Speaker of the House John Boehner that the federal government ...
September 9, 2015, Inside Government Contracts
As part of a Labor Day gesture to workers’ groups, President Obama signed an executive order requiring federal contractors to provide their employees with the ability to earn up to 56 hours of paid sick leave each year. The executive order—the details of which are discussed in this post— could affect some 300,000 workers and...… Continue Reading The post Obama ...
September 2, 2015, Inside Government Contracts
A draft executive order would require paid leave for employees of many federal contractors. The “confidential” draft order, which was labeled “pre-decisional and deliberative,” was obtained and reported by The New York Times on August 5, 2015. The draft order would require covered federal contractors and subcontractors to provide a minimum of 56 hours of...… ...
August 25, 2015, Inside Government Contracts
In Size Appeal of NMC/Wollard Inc., SBA No. SIZ-5668, the Small Business Administration Office of Hearings and Appeals (“OHA”) clarified the three factor test used to determine whether a small business qualifies as a manufacturer of the end item being procured. The decision confirmed that no single factor has greater weight than the others, and...… Continue ...
Leading Government Contracts Group Joins Covington
May 1, 2015
WASHINGTON, DC, May 1, 2015 — Covington is significantly expanding its government contracts practice with 20 lawyers from one of the nation’s top government contracts groups, including its former chair and leaders in contractor tort liability, bid protests, procurement fraud, trade secrets and employment. The group of five partners and 15 other lawyers from ...
- Legal 500 US, Intellectual Property - Trade Secrets (2017)
- Washington Business Journal, Employment Litigation “Top Washington Lawyer” (2008)
Practices
Education
University of Virginia School of Law, J.D., 1983
Virginia Polytechnic Institute and State University, B.S., 1980
- magna cum laude
Bar Admissions
- District of Columbia
- Virginia
- U.S. Court of Appeals for the District of Columbia Circuit
- U.S. Court of Appeals for the Federal Circuit
- U.S. Court of Appeals for the Fourth Circuit
- U.S. Court of Appeals for the Ninth Circuit
- U.S. District Court, District of Columbia
- U.S. District Court, District of Maryland
- US District Court District of Colorado
- U.S. District Court, Eastern District of Virginia