- U.S. District Court, Eastern District of Missouri
J.D., Saint Louis University School of Law, magna cum laude, 2008
B.A., Valparaiso University, summa cum laude, 2005
With more than a decade of experience representing both small and large businesses, Dan Garner brings an efficient, knowledgeable and practical approach to his work.
Dan primarily represents corporate defendants in complex commercial litigation and business disputes. He manages discovery, takes and defends fact and expert witness depositions, argues motions and litigates at trial in courts across the country. His courtroom experience also includes more than two years as prosecutor for the city of Black Jack, Missouri.
The other major focus of Dan’s practice is serving as a trusted advisor on commercial business issues related to pricing, marketing, media, and advertising for energy companies and retail franchisors. Dan helps these companies determine the antitrust and state pricing risks they face at every stage of their operations, from production and manufacturing, through the wholesale network, down to the direct retail channel. He also assists numerous major national brands in designing, implementing, operating, and advertising gift cards, customer loyalty programs, retail promotions, and sweepstakes across a variety of industries.
During law school, he was an editor on the Saint Louis University Law Journal as well as a student clerk for U.S. District Judge William D. Stiehl.
- Interfaith Legal Services for Immigrants, Board of Directors
Honors & Awards
Honors & Awards
- Missouri Lawyers Weekly Up & Coming Award, 2016
- Missouri & Kansas Super Lawyers, Rising Star, Litigation, 2015-19
- Benchmark Litigation 40 & Under Hot List, 2018-2021
- The Best Lawyers in America, Commercial Litigation, 2021-2022
- Academic Excellence Awards & Recognitions in Torts, Constitutional Law, and Employment Relations
- Saint Louis University School of Law Samuel I. Sievers Writing Award for best student publication, 2008
- Lead counsel for Joseph Fresta in dispute with wife of deceased partner regarding ownership of The Pasta House Company (Joseph A. Fresta and The Pasta House Company vs. Sharon L. Tucci, 19SL-CC04516 (Cir. Ct. St. Louis County).
- Lead counsel on behalf of BP West Coast Products LLC in Oakland, California in Power Quality & Electrical Systems, Inc., et al. v. BP West Coast Products LLC, Case No. 16-cv-04791-YGR, 2018 WL 510130 (N.D. Cal. Jan. 23, 2018). Obtained summary judgment in BPWCP’s favor on claims by former franchisees against BPWCP for breach of contract, breach of the covenant of good faith and fair dealing, and fraud (seeking more than $2 million in damages), as well as on BPWCP counterclaims for breach of contract, resulting in a judgment in BPWCP’s favor for $1,982,774, plus attorneys’ fees and costs in the amount of $375,000.
- Lead counsel (appointed) on behalf of Ernest Williams in Williams v. Roper, No. 4:13-CV-2440 CAS, 2018 WL 1420271 (E.D. Mo. Mar. 22, 2018). After jury trial, obtained award of punitive damages on behalf of incarcerated plaintiff for violation of 4th Amendment rights by correctional officer.
- Lead counsel on behalf of Midax Mobil, Inc. in Chicago in Cannatrac Technology, Inc. v. Midax Mobile, Inc., No. 2017L00594 (Cir. Ct. Cook County Ill., Mar. 19, 2018). Obtained dismissal of breach of contract claim against software developer related to development of mobile application for sale of legal/medicinal marijuana.
- Managing outside counsel for numerous national franchisors and brands regarding development and operation of customer loyalty programs, gift card programs, retail promotions, and sweepstakes.
- Part of lead counsel team for BP in Los Angeles in connection with dealers’ claims of unfair gas pricing. In a five-week bellwether trial, a jury found in favor of the energy company on the pricing claims from four plaintiffs.
- Successfully defended national pipeline owner/operator in a multimillion-dollar vendor contract dispute alleging improper termination. Part of a team representing a major oil company in connection with its $2.6 billion sale of a refinery, including development of the terms of sale and divestment of related retail assets.
- Successfully represented domestic software development company accused of patent infringement for customer loyalty program technology.
- Part of lead counsel team for BP in connection with a two-month bench trial in Chicago alleging pricing claims as well as various fraud and breach of contract claims, resulting in a complete defense verdict.
- Tried dozens of successful bench trials in state court in Ste. Genevieve for breach of contract, representing plaintiffs seeking unpaid condominium association dues from multiple defendants.
- Municipal prosecutor for city of Black Jack, Missouri for more than two years (through Greensfelder).
- Part of lead counsel team for major home appliance manufacturer/retailer in arbitration alleging breach of contract and tortious interference.
News & Insights
- Best Lawyers 2022 Edition Lists 60 Greensfelder Attorneys, including Three St. Louis ‘Lawyers of the Year’August 19, 2021
- August 20, 2020
- August 3, 2020
- August 2019
- November 2018
- July 2018
- February 1, 2017
- August 10, 2016
- August 17, 2015
- February 8, 2013
- Franchise Law Journal, Fall 2020
- "Gift Card 'Breakage' - Careful Planning Required"The Franchise Lawyer, August 1, 2013
- The Corporate Counselor, October 16, 2012
- "Open Attendance—The First Amendment Implications of Fighting Discrimination Against Homosexuals in Law School Student Organizations"St. Louis University Law Journal, September 2008
- Franchising & Distribution Law Blog, July 16, 2020
- Franchising & Distribution Law Blog, December 7, 2015
- Franchising & Distribution Law Blog, October 28, 2015
- Franchising & Distribution Law Blog, September 21, 2015
- Franchising & Distribution Law Blog, November 26, 2014
- Franchising & Distribution Law Blog, April 1, 2014
- Seventh Circuit Court Reiterates Broad Deference to a District Court’s Determination of Whether a Franchisee is Entitled to Injunctive Relief under the Petroleum Marketing Practices ActFranchising & Distribution Law Blog, January 13, 2014
- Minnesota Court Reverses Grant of Motion to Dismiss Class Action Alleging that Car Wash Receipts Constitute Gift CardsFranchising & Distribution Law Blog, October 30, 2013
- Franchising & Distribution Law Blog, October 3, 2013
- Franchising & Distribution Law Blog, June 21, 2013
- Franchising & Distribution Law Blog, March 11, 2013
- Illinois Courts Expand the Enforceability of "No Reliance" Clauses, Opening Door For their Application in Franchise LitigationFranchising & Distribution Law Blog, January 11, 2013
- Living Social Follows in Groupon's Footsteps and Settles Class Action Lawsuit, Leaving Open Questions as to the Legality of its Two-Tiered Expiration Date Formula and Whether Daily Deal Coupons are Subject to Regulation E at All.Franchising & Distribution Law Blog, November 20, 2012
- Franchising & Distribution Law Blog, September 10, 2012