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, and 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 competition, pricing, marketing, media, and advertising for energy companies and retail franchisors. Dan helps these companies determine the competition, antitrust, and state pricing risks they face at every stage of their operations, from production and manufacturing, through any wholesale network, down to the direct retail channel.  He also assists major national brands in designing, implementing, operating, and advertising for gift cards, customer loyalty programs, retail promotions, sales contests, 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.

Community/Civic Activities

• Interfaith Legal Services for Immigrants, Board of Directors

Honors & Awards

• Missouri Lawyers Weekly Up & Coming Award, 2016
• Missouri & Kansas Super Lawyers, Rising Star, Litigation, 2015-19
• Benchmark Litigation 40 & Under Hot List, 2018-2022
• The Best Lawyers in America, Commercial Litigation, 2021-2023
• Academic Excellence Awards in Torts, Constitutional Law, and Employment Relations
• Saint Louis University School of Law Samuel I. Sievers Writing Award for best student publication, 2008

Representative Matters

• Lead counsel for Joseph Fresta in a dispute with the wife of a 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 an award of punitive damages on behalf of an incarcerated plaintiff for violation of Fourth Amendment rights by a 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 a breach of contract claim against a software developer related to development of a mobile application for sale of legal/medicinal marijuana.
• Lead counsel for a major national franchise brand in a Lanham Act case against an unauthorized retailer in Tennessee improperly selling a third-party product under the franchisor’s brand.
• Lead counsel for an international franchise brand intervening in a case seeking to invalidate the brand’s deed restrictions on property in Illinois.
• Outside counsel for numerous national and international franchisors and brands regarding development and operation of customer loyalty programs, gift card programs, retail promotions, sales contests, 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 a 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 a 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 a major home appliance manufacturer/retailer in arbitration alleging breach of contract and tortious interference.

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