Don Daugherty is a shareholder in the Litigation Practice Group in the firm’s Milwaukee office. His experience includes the representation of vendors of IT services and goods (and their customers), Internet retailers and other eCommerce businesses, hospital and other health care providers, manufacturers, insurers, and financial institutions and other lenders.
Don served as a law clerk to the Honorable Roger J. Miner of the U.S. Court of Appeals for the Second Circuit. He also has served as a commissioner for two Milwaukee County Circuit Court judges. In July 2011, the Governor appointed him to the State’s Judicial Selection Advisory Committee, and he continues to serve on the committee.
Represented 27 members of Congress before U.S. Supreme Court and Court of Appeals for the Ninth Circuit in Gonzales v. Oregon, in which Attorney General’s interpretation of federal Controlled Substances Act challenging Oregon physician-assisted suicide statute was reviewed.
Represented State of Wisconsin before U.S. Supreme Court in Zelman v. Simmons-Harris, in which the constitutionality of Ohio’s school voucher program was challenged.
Successfully represented flexible packaging manufacturer through temporary and preliminary injunction hearings, trial and appeal against efforts by competitor to enforce noncompete, nonsolicitation and nondisclosure covenants in state court against new apex manager formerly employed by competitor.
Won summary judgment dismissal of age discrimination claims brought in federal court under New York City Human Rights Act and federal statute.
Obtained complete defense verdict on behalf of regional health care system, its hospitals and clinic, which were sued by an obstetrician-gynecologist claiming inadequate financial, marketing and other support allegedly owed by the defendants. Plaintiff sought $1.5 million in compensatory damages, contending that defendants caused her medical practice to close. After one-week trial, the court found none of the defendants liable for damages on any claims.
Obtained summary judgment dismissal in federal court of claims of product disparagement, unfair competition, and violations of the Lanham Act and Wisconsin’s False Advertising Act brought against manufacturer of wood preservatives by a competitor seeking seven-figure award of compensatory and punitive damages.
Represented international valuation company in successful efforts to enforce trademark and related intellectual property rights against infringers, including litigating in numerous federal courts across the country and obtaining preliminary injunctive relief after evidentiary hearings and subsequent stipulated injunctions.
Represented international supply chain logistics software developer in federal court action with customer regarding software maintenance and support contracts, obtaining summary judgment on defendant’s contractual liability and dismissal of all counterclaims, and then recovering complete damages award at later jury trial in federal court.
Represented leading Internet retailer of soft goods in asserting intellectual property claims in federal court against competitor, which had copied portions of catalog. Defendant/competitor agreed to the entry of consent judgment and permanent injunction, prohibiting it (and all affiliated companies and principals) from any future infringement and paying client’s damages. The publicly filed consent judgment and permanent injunction has since been used by client to ward off other potential infringers.
Successfully represented medical billing and physician practice management company in dispute in federal court arising under agreement to purchase assets of competitor and to restrict post-sale activities of former owners, defeating defendants’ efforts to dismiss based on purported lack of personal jurisdiction, obtaining dismissal of parallel litigation filed in California, and negotiating deep discount off purchase price in subsequent mediation.
Obtained favorable settlement representing manufacturer of customized electrical transformers on multi-million dollar claims in federal court against third-party integrator arising out of failed implementation of enterprise resource planning system.
Represented large grocery retailer in litigation efforts to identify “John Doe” defendant anonymously disclosing proprietary and confidential information on the Internet, as well as subsequent efforts to deter further disclosures.
Obtained summary judgment against Department of Health and Human Services for employee benefit plan seeking Medicare reimbursement for $500,000 liver transplant received by plan beneficiary.
Represented financial services company in successful litigation efforts to enjoin former employee from hacking into company’s customer Intranet.
Won summary dismissal and sanctions on behalf of State of Wisconsin against collateral attacks on Wisconsin Supreme Court decision upholding constitutionality of education reform statute.
Successfully defended home health care agency in week-long trial of criminal counts brought by State Department of Justice Medicaid Fraud Unit.
Represented provider of electronic funds transfer processing services and products in mediation with financial institution regarding timeliness of approval of ATM transactions requiring Internet access to authorization engine through third-party middleware vendor.
Recovered six-figure money damages award after trial in federal court of consolidated cases brought separately by construction business and subsidiary civil engineering firm against former CEO. Clients successfully claimed misrepresentations made regarding financial condition of subsidiary prior to purchase by parent and subsequent embezzlement and other misuse of corporate funds.
Obtained breach of contract arbitration award for Internet-based health services billing and financial support company against physicians group and successfully defended company against counterclaims alleging inadequate billing and computer support services.
Won summary judgment dismissal of defamation and tortious interference claims brought by radiologist against hospital and former partners.
Represented national bank’s “back office” brokerage support services in resolving claims against competing brokerage and former IT consultant for raiding client’s project management staff.
Successfully defended Internet retailer in lawsuit brought by consulting firm alleging that it had a binding, exclusive agreement to provide marketing and support services. The plaintiff sought several hundred thousand dollars in damages, and the case settled for nuisance value amount.
Obtained summary judgment dismissal of contract, quasi-contract and tort claims brought in state court against pulmonologist and service corporation by former partner arising out of shared medical equipment and space, and wind down of joint practice.
Recovered license payments owed to developer of customer relationship management software solutions in numerous arbitrations with customers.
Won money damages award after trial in state court for client metal fabricating business which was improperly terminated from construction project.
Obtained preliminary injunction on behalf of dermatology group against former employee-shareholder physician who sought to join competing group, with resultant settlement regarding post-employment restrictions and stock redemption on terms favorable to client.
Served as special assistant district attorney, prosecuting numerous misdemeanor crimes at trial in Milwaukee County.
Representing businesses and other clients in administrative proceedings before Department of Agriculture, Trade, and Consumer Protection, Department of Public Instruction, and other administrative agencies.
Representing financial institutions and other creditors in adversary proceedings and other actions in federal bankruptcy and state receivership cases.
Admitted To Practice
American Bankruptcy Institute
American Bar Association
American Health Lawyers Association
Defense Research Institute (DRI)
Eastern District of Wisconsin Bar Association - Board of Directors; Co-Chair of the Civil Litigation Committee
Judicial Selection Advisory Committee, State of Wisconsin
Litigation Counsel of America, Trial Lawyer Honorary Society - Fellow
Milwaukee Bar Association
Thomas E. Fairchild American Inn of Court
River Revitalization Foundation, Inc. – Board of Directors
Village of River Hills Zoning Board of Appeals – Board Member
Recognized as a Wisconsin Super Lawyer (2005-2006, 2011-2015)
Listed in The Best Lawyers in America (Commercial Litigation, 2013 - 2016)
Juris Doctor, Northwestern University School of Law, 1990
Bachelor of Arts, University of Virginia, 1985