Daniel B. McLane
Dan McLane is a trial lawyer and serves as lead trial counsel in state and federal trial and appellate courts across the country and before the American Arbitration Association. Dan has extensive experience representing corporations in complex commercial litigation. He represents clients in contract disputes, corporate governance and closely held shareholder disputes, business torts, commercial real estate and lease disputes, Pennsylvania Liquor Code distribution rights, business dissolution proceedings, non-compete agreements and oil and gas energy litigation. He has extensive experience with custodianship actions involving court-appointed custodians over Pennsylvania corporations, limited liability companies and limited partnerships.
His practice actively involves the counseling of businesses on a broad range of commercial matters including advising on commercial contracts, corporate governance, and natural gas exploration. He often represents oil and gas exploration companies in a range of litigation involving leases, operating agreements, rights of first refusal, title and drilling commitments, post-production royalty and working interest disputes.
- Successful Lead counsel in the matter of Pittsburgh Logistics Systems, Inc. v. Beemac Trucking, LLC before the Pennsylvania Supreme Court. In a heavily reported case of first impression, the Court issued a unanimous Opinion on April 29, 2021 in favor of firm client Beemac Trucking declaring the subject “no-hire” or “no-poaching” contract provision at issue constituted an unreasonable restraint of trade in Pennsylvania and was therefore unenforceable. Pittsburgh Logistics Systems Inc. v. Beemac Trucking, LLC, 249 A.3d 918 (Pa. 2021).
- Obtained a trial verdict for damages on July 7, 2021 on behalf of Peoples Natural Gas Company LLC in the matter of Peoples Natural Gas Company LLC v. Economy Natural Gas, Inc. (Armstrong County Court of Common Pleas).
- Obtained trial verdict for damages on behalf of Penneco Oil Company in the matter of Penneco Oil Company v. K. Petroleum, Inc., following completion of one of the first civil trials by Zoom in August 2020 in the United States District Court for the Western District of Pennsylvania due to the impact of Covid-19.
- Successfully obtained a $4M+ private arbitration verdict on July 8, 2020 on claims of tortious interference arising out of a private equity transaction. The award was confirmed in its entirety by the Allegheny County Court of Common Pleas.
- Represented a multi-billion-dollar manufacturing company serving the freight rail and passenger transit industries before the American Arbitration Association. Received a complete defense arbitration award from the American Arbitration Association in January 2019 on behalf of our client in an action seeking substantial alleged damages stemming from the surrender of an industrial use building at the termination of a lease in Nevada.
- Represented a North American trucking and logistics company before the Pennsylvania Superior Court (en banc) in a case of first impression in Pennsylvania. Receiving a highly favorable result for the client, the Court held in a published January 11, 2019, opinion that a no-hire provision in Pennsylvania was unenforceable as a matter of Pennsylvania law. Pittsburgh Logistics Systems, Inc. v. Beemac Trucking, LLC 202 A.3d 801.
- Secured a complete arbitration award including a recovery of all attorneys’ fees, from the American Arbitration Association on June 26, 2017, in an action to remove an operator from 69 natural gas wells and for substantial damages due to the improper gathering and operating fees taken from the production revenues. The award also included a declaratory judgment in favor of our client concerning its rights of access to a gathering system. The arbitration award was subsequently confirmed in its entirety by the United States District Court for the Western District of Pennsylvania.
- Obtained reversal from the Pennsylvania Superior Court of the dismissal of a breach of contract action involving the construction of a commercial trucking natural gas fueling station in Beaver County, Pennsylvania. Beemac Trucking, LLC v. CNG Concepts, LLC, et al. 134 A.3d 1055 (Pa. Super. 2016).
- Obtained dismissal of defamation action against CBS Broadcasting, Inc. in the United States District Court for the Western District of Pennsylvania. Ghrist v. CBS Broadcasting, Inc., 40 F.Supp.3d 623 (W.D.Pa. 2014).
- Represented an oil and gas client in a substantial dispute concerning title to operating wells in Greene County, Pennsylvania.
- Obtained complete arbitration award from the American Arbitration Association on behalf of an oil and gas client to enforce a right of first refusal agreement to substantial disposal wells in West Virginia.
- Obtained complete arbitration award from the American Arbitration Association on behalf of oil and gas client challenging improper post-production cost deductions on the sale of natural gas from substantial natural gas wells in Greene County, Pennsylvania.
- Litigation concerning the title to substantial coal properties in Somerset County, Pennsylvania.
- Represented an international corporation in an action involving substantial commercial net lease liability litigation.
- Represented a Pennsylvania primary distributor to enforce its exclusive territorial distribution rights under Pennsylvania Liquor Code.
- Represented an international corporation in consolidated environmental citizen suits proceeding under federal Clean Water Act, Resource Conservation and Recovery Act and Pennsylvania Clean Streams Law.
- Received a complete arbitration award, including attorneys’ fees, on behalf of plaintiffs in a commercial dispute before the American Arbitration Association involving post-closing claims arising out of stock purchase agreement.
- Obtained verdict in excess of $1 million on behalf of global manufacturer following week-long trial in the Allegheny County Court of Common Pleas.
- Obtained confidential settlement for investor plaintiffs following two week trial on breach of fiduciary duty claims. Digital Encoding Factory, LLC v. Iron Mountain, 660 F.Supp.2d 608 (W.D.Pa. 2009).
- Successfully represented member of a Pennsylvania limited liability company in dissolution proceedings in one of the first published decisions based on Pennsylvania’s Limited Liability Company Act. Baird v. Macklin, 6 Pa. D & C 5th 193 (2008).
- Obtained dismissal of breach of contract action involving exclusive distribution rights in Southeast Asia against manufacturing client that was affirmed on appeal before the United States Court of Appeals for the Third Circuit. Chemtech International, Inc. v. Chemical Injection Technologies, Inc., 247 Fed. App’x 403 (3rd Cir. 2007).
- Obtained summary judgment for defendant, a major automotive manufacturer, in a significant product liability action proceeding under Pennsylvania’s malfunction theory and as a sanction for the plaintiffs’ spoliation of evidence. Walters, et al. v. General Motors Corporation, 209 F.Supp.2d 481 (W.D.Pa. 2002).
- Allegheny County Bar Association
Awards and Recognition:
- Selected for inclusion in The Best Lawyers in America
- Selected for inclusion in Pennsylvania Super Lawyers – Rising Star
- Attained an AV® Preeminent™ rating from Martindale-Hubbell
News and Insights
- “STRATEGIC PERSPECTIVES — ‘No-hire’ provision in commercial contract between two businesses is unenforceable in Pennsylvania,” Wolters Kluwer, May 19, 2021.
- “Overbroad “No-Hire” (a/k/a “No-Poach”) Provision Unenforceable in Pennsylvania: Five Takeaways from the Winning Trial Team at Eckert Seamans,” Eckert Seamans’ Legal Update, May 13, 2021.
- “2020 in Review: Virtual Litigation,” pages 28-29, Bloomberg Law Practice Perspectives, December 2020.
- “Avoid Losing Control of a Remote Witness: Some Suggestions,” Bloomberg Law Insight, November 9, 2020.
- “Guidelines for Handling Exhibits in a Socially Distanced Courtroom,” Bloomberg Law Professional Perspective, November 2020.
- “A Primer On Oil And Gas Arbitrations,” Oil and Gas Investor, March 2017.
- “Inadvertent loss of the attorney-client privilege in a corporate transaction,” Westlaw Journal Professional Liability, January 2017.
- “Inadvertent Loss of the Attorney/Client Privilege in a Corporate Transaction,” Wall Street Lawyer, November 2016.
- “Steel Transportation Contract Spat Staying In Pa.” Law360, May 20, 2021.
- “How Eckert Seamans Won Pa. Employment Freedom Case,” Law360, May 4, 2021.
- “Pa. High Court Points Way To Valid Employer No-Poach Deals,” Law360, April 30, 2021.
- “Pennsylvania Top Court Blocks No-Poach Terms in Contract,” Bloomberg Law, April 29, 2021.
- “Broad ‘No-Poaching’ Agreement Is Unenforceable, Pa. Supreme Court Rules,” The Legal Intelligencer, April 29.2021.
- “Pa. Justices Bar No-Hire Clauses Between Businesses,” Law360, April 29, 2021.
- “Courts attempt to balance innovation with access in remote proceedings,” ABA Journal, February 1, 2021.
- “Energy Co. Is Owed $500K For Withheld Gas Sale Proceeds,” Law360, January 13, 2021.
- “Pa. Justices To Mull No-Hire Clauses Between Businesses,” Law360, July 25, 2019.
- “Justices’ Potential Ruling on No-Hire Pacts Could Mean ‘Major Shift’ for Pa. Employers,” The Legal Intelligencer, July 25, 2019.
- “Nearly $200,000 in attorney fees sought in oil, gas lease fight,” Westlaw Journal Environmental, January 18, 2017.
- “Wholesaler Files Suit Against Rivertowne Over Distribution Deal,” Pittsburgh-Tribune Review, October 7, 2015.
- “Finding Common Ground Paramount to Judge,” Sharon Herald, March 5, 2014.
- “Judge’s Action Upholds Founder’s Firing,” Sharon Herald, March 23, 2014.
- “Lawsuit Involving Two Westmoreland Firms Settled for $3.5M,” Pittsburgh-Tribune Review, April 2, 2014.
- “Paramount Games Lawsuit Settled,” Sharon Herald, August 15, 2014.
- “Family Feud Over Wilpen Hall Heads to Court,” Pittsburgh-Tribune Review, July 23, 2013.
- “Equitable Facing $320K Fine in Blast,” Pittsburgh Tribune-Review, March 2, 2006.
- “PUC Blames Equitable for Ross House Explosion,” Pittsburgh Post-Gazette, March 3, 2006.
- “Modern Transactions and Historical Clauses: The Effect of Legacy Agreements on Current Interest Conveyances,” presenter, Pennsylvania Independent Oil & Gas Association 2019 Fall Conference, September 2019.
- “News You Can Use,” co-presenter, Eckert Seamans’ Human Resources Forum, May 2016.
- “Trials in the Real World: How Things are Done in the Federal Court in Western Pennsylvania,” Federal Court Section of the Allegheny County Bar Association, March 3, 2011.