- 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 significant experience on behalf of 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 has managed all aspects of discovery, taken and defended numerous fact and expert witness depositions, argued motions in courts across the country, and been a part of the trial team for multiple, multimillion-dollar lawsuits, including on behalf of a major energy company. His courtroom experience also includes more than two years as prosecutor for the city of Black Jack, Missouri, as well as representing clients in courts across the country.
The other major focus of Dan’s practice is helping companies design, implement and operate gift cards and customer loyalty programs. Federal Regulation E requirements, as well as state laws, affect businesses of all types, and Dan assists clients to ensure their loyalty and gift card programs comply with those rules and regulations, including by drafting the necessary legal disclaimers and terms and conditions, setting expiration date policies, navigating escheat requirements, and complying with advertising and marketing regulations.
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
- Benchmark Litigation 40 & Under Hot List, 2018
- Missouri Lawyers Weekly Up & Coming Award, 2016
- Missouri & Kansas Super Lawyers, Rising Star, Litigation, 2015-18
- Academic Excellence Awards & Recognitions in Torts, Constitutional Law, and Employment Relations
- Samuel I. Sievers Writing Award, 2008
- Part of lead counsel team for BP 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.
- Defending large company 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.
- Part of a team successfully representing a domestic software development company accused of patent infringement for customer loyalty program technology.
- Advised a major oil company regarding bringing its gift card program into compliance with federal and state laws upon the passage of Regulation E, including advising the company on the formation and implementation of a driver rewards program — its national non-payment loyalty card program — as well as the antitrust below costs risks for its entire slate of customer loyalty initiatives.
- Part of lead counsel team for BP in connection with a two-month bench trial alleging pricing claims as well as various fraud and breach of contract claims, resulting in a complete defense verdict.
- Tried successful bench trials 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.
- As lead counsel obtained dismissal of lawsuit against software development company in contract dispute.
- Tried successful federal jury trial resulting in award of punitive damages to client for 4th amendment violation.
- As lead counsel for franchisor sued for fraud and breach of contract in California obtained summary judgment resulting in dismissal of franchisee’s claims seeking millions of dollars and in franchisor’s favor on its counterclaims for nearly $2 million, plus attorneys’ fees.
News & Insights
- November 2018
- July 2018
- February 1, 2017
- August 10, 2016
- August 17, 2015
- February 8, 2013
- "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, 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