ABOUT

Dan Patton is a founding shareholder of Scott Patton PC.  He is Board Certified in Labor and Employment Law by the Texas Board of Legal Specialization, a Certified Mediator, and has been appointed Special Master, Mediator, and Receiver for the 127th Judicial District Courts in Harris County, Texas. 

While Dan serves many diverse practice areas, his primary focus is on handling employment and commercial litigation matters. He has represented Fortune 500 companies, national health care hospital systems, and many midstream energy companies in all phases of litigation in several state and federal courts throughout Texas. Dan has also assisted many employers and employees regarding the enforceability of covenant not to compete clauses, non-solicitation provisions, non-disclosure agreements.

Some of his more recent matters include:

• In 2021, Dan obtained a dismissal for the Houston Methodist Hospital System regarding its employee vaccine mandate policy.

• In 2021, Dan argued and won an appeal before the United States Fifth Circuit Court of Appeals on a race discrimination case – Ernst v. Houston Methodist Hospital, 1 F.4th 333 (5th Cir. 2021).

• Representation of a national health care hospital system in a Texas Health & Safety Code retaliation claim.

• Representation of an international petrochemical company in a $1.4 million dollar conversion/theft claim.

• Representation of a national food chain in a United States Department of Labor wage/hour investigation.

• Representation of several Fortune 500 companies in training sessions and counseling for various aspects of employment law such as sexual harassment, Title VII discrimination, retaliation, the Americans with Disabilities Act, and the Family Medical Leave Act.

• Representation of a real estate development company in various construction defect claims.

• Representation of a national health care company in an Americans with Disabilities Act discrimination claim.

• Representation of private companies in response to employee Charges of Discrimination with the Equal Employment Opportunity Commission and Texas Workforce Commission.

• Representation of private companies in United States Department of Labor investigations.

• Representation of businesses in drafting, counseling, and negotiating employment agreements, confidentiality agreements, covenants not to compete, and non-solicitation clauses.

• Representation of a private company in an investigation of Occupational Safety and Health Administration violations.

MEMBERSHIPS & AFFILIATIONS

• Texas Board of Legal Specialization, Labor and Employment

• State Bar of Texas

• Houston Bar Association, Labor and Employment Section

• Texas Bar Foundation

AWARDS & HONORS

• Irving J. Wiener Award, 1999

• Super Lawyer, 2013 - 2021

ADMISSIONS

• Texas

• United States Court of Appeals for the Fifth Circuit

• United States District Courts for the Eastern, Northern, Southern and Western Districts of Texas

• United States District Court for the Northern District of Florida

EDUCATION

• University of Houston Law Center, Juris Doctor (1999)

• St. Bonaventure University, Bachelor of Arts (1995)

PRESENTATIONS

• “Emergency Update on the ETS: a COVID Roundtable Discussion,” Houston Bar Association Labor and Employment Section, via zoom (February 2021)

• “Minor Prove Up,” Houston Trial Association, via zoom (August 2020)

• “Temporary Restraining Orders and Non-Competes,” 30th Annual Labor and Employment Law Institute (August 2019) 

• “Trying an Employment Case,” Houston Bar Association Labor & Employment Section (May 2019)

• “Trade Secrets & Non-Competes the “Bermuda Triangle” of DTSA, TUTSA & the Common Law,” Houston Bar Association Labor & Employment Section (February 2018)

• “Trade Secrets & Non-Competes, Bermuda Triangle of DTSA,TUTSA,” Houston Bar Association (January 2018)

• “Non-Competes and the Texas Uniform Trade Secrets Act, TUTSA: An Annotated Live Demonstration,” Labor and Employment Law Course (August 2017)

• “Discovery: A View from the Bar and a View from the Bench,” Houston Bar Association (September 2016)

• “Top 10 Fifth Circuit Cases Of the Past Twelve Months,” Houston Bar Association (April 2016)

• “Chapter 64 Receiverships: The Good, The Bad and The Ugly,” Houston Bar Association (March 2013)