Jane Leslie Dalton [ Partner ]
Duane Morris LLP
30 South 17th Street
Philadelphia, PA 19103-4196
USA
Phone: 215.979.1830
Fax: 215.979.1020
Email:
Dalton@duanemorris.com
Jane Leslie Dalton practices before trial and appellate courts and administrative agencies in the areas of employment discrimination and personnel management, unfair competition and constitutional litigation, and other administrative litigation.
Ms. Dalton has defended law firms, educational institutions and businesses in individual and class actions in federal and state courts, defending various employment matters, including claims of discrimination, harassment and retaliation based on age, race, sex, disability, religion and national origin. Often, these claims are coupled with claims such as breach of restrictive covenant, disclosure of trade secret confidential information, wrongful discharge, breach of implied covenant of good faith and fair dealing, intentional infliction of emotional harm and defamation. She has experience in defending highly controversial and highly publicized cases.
Ms. Dalton is the immediate past Chancellor of the Philadelphia Bar Association as well as a former chair of the association's Board of Governors and a former co-chair of its Committee on Women in the Profession and is a member of the Defense Research Institute and the National Association of College and University Attorneys. Additionally, she is a member of the Section of Litigation and the Labor and Employment Law Section of the American Bar Association and the Pennsylvania Bar Association.
She is a 1971 graduate of the University of Pennsylvania Law School and a graduate of Smith College.
Areas Of Practice
- Unfair Competition
- Constitutional Litigation
- Administrative Litigation
- Employment Discrimination
- Personnel Management
Representative Matters
- Served as counsel to many universities and colleges, handling and resolving a wide array of employment law matters and issues related to student or faculty discipline, faculty appointments, grievance processes and appeals of those issues.
- Reviewed and renegotiated various executive employment contracts and other employment-related agreements in connection with mergers and acquisitions. Counseled clients regarding risks assumed in those agreements and ways to mitigate risks.
- Provided personnel management counseling and employment law advice for companies going through restructuring, mass layoffs or reductions in force.
- Handled employment compliance training for colleges, universities and other non-profit organizations, manufacturers, service providers and financial institutions related to discrimination, harassment, retaliation and other employment law issues. Also handled FERPA and Cleary Act training and counseling for colleges and universities.
- Successfully defended more than a dozen employment class action and collective claims for colleges, universities, manufacturers, service providers and newspaper publishers. Tried each of those cases to defense verdicts or got them dismissed prior to trial.
- Served as mediator or neutral in claims involving employment agreements and employment law matters.
- Negotiated, drafted and reviewed numerous executive employment agreements involving non-compete covenants, executive severance, trade secrets and other issues.
- Successfully defended and enforced non-compete agreements, trade secret agreements and confidentiality agreements for clients in a number of industries.
- Successfully resolved many disputes arising out of executive employment agreements without necessity of litigation.
- Drafted and reviewed policy and procedure statements, handbooks, and other documents for the employees of colleges, universities, manufacturers, non-profit organizations, energy companies and service providers.
- Litigated constitutional issues for schools, once taking a case to the U.S. Supreme Court to establish law on what kinds of non-public school programs can receive public funding without violating the establishment clause.
- Litigated constitutional issues regarding "taking" issues associated with automotive insurance rate-making and similar issues
- Reviewed and negotiated or litigated various issues relating to ratemaking proceedings for auto insurance, workers comp insurance and other forms of insurance. Handled complaints involving allegations of discriminatory rate setting before the Pennsylvania Insurance Department.
Professional Activities
- American Bar Association
- Labor and Employment Law Section
- Section of Litigation - Pennsylvania Bar Association
- Philadelphia Bar Association
- Chancellor, 2007
- Chancellor-Elect, 2006
- Vice Chancellor, 2005
- Chair, Board of Governors, 2003
- Business Law Section
-- Co-Chair, Human Resources Committee, 2001-2003
-- Committee Chair of the Year, 2001
- Co-Chair, Committee on Women in the Profession, 1999-2000
- Chair, Large Firm Management Committee, 1992
- Chair, Public Service/Consumer Protection Committee, 1986-1988
- Committee Member, Campaign for Qualified Judges Committee
- Member, Federal Courts Committee
- Past Co-Chair, Strategic Planning Committee - National Association of College and University Attorneys
- Defense Research Institute
- Appointed by the Honorable Edward Rendell, Governor of Pennsylvania, to the Judicial Council of Pennsylvania which provides advice and counsel to the Supreme Court of Pennsylvania, 2003
Admissions
- Pennsylvania
- United States District Courts for the Eastern, Middle, and Western Districts of Pennsylvania
- United States District Court for the Western District of Michigan
- Supreme Court of Pennsylvania
- Supreme Court of the United States
- United States Court of Appeals for the Third and Seventh Circuits
Education
- University of Pennsylvania Law School, J.D., 1971
Experience
- Duane Morris LLP
- Partner, 1978-present
- Associate, 1971-1978
Board Memberships
- Jenkins Law Library
- Board of Trustees, 2007-2008 - Philadelphia Bar Foundation
- Vice-President, 2005
- Chair, Fundraising Committee and Access to Justice Campaign, 2004
- Member, Grants Committee, Finance Committee, 2004
- Co-Chair, New Approaches Committee, 2000
- Co-Chair, Souvenir Program Committee, 1998
- Trustee, 1994-present
- Assistant Treasurer, 1997 - Prisoners Family Welfare Association, 1975-1992
- President, 1989-1991
- First Vice President, 1988-1989
- Counsel, 1988 - Support Center for Child Advocates, 1980-1992
- Secretary, 1985-1990 - The Crossroads School, 2002-June 2006
Civic and Charitable Activities
- Unity Church of Christ, 1990-1994, 1997-1999
- President, 1991-1994, 1997-2001 - Police Advisory Commission, Chair, 1994-2000
Honors and Awards
- Recognized by Philadelphia Magazine as one of Pennsylvania's Super Lawyers for 2006 and 2007
- One of the 2005 Recipients of the Women of Distinction Award, sponsored by the National Association of Women Business Owners (NAWBO) and the Philadelphia Business Journal, based on her commitment to professional excellence and community involvement.
- Commission from Mayor Street for service as Chair of the Police Advisory Board
- Family Planning Council - 25th year
Selected Publications
- Contributor, "Practice Pointers," Pennsylvania Law Weekly, May 27, 1996
- Co-Author, "'After-Acquired' Proof Can Aid Employer Defense," National Underwriter, April 24, 1995
- Co-author, "ADA Pre-Empts FMLA on Independent Medical Examination," The Legal Intelligencer and Pennsylvania Law Weekly, December 2003
- Co-Author, "Circuits split over Means-Based Awarding of Costs," The National Law Journal, April 17, 1995
Selected Speaking Engagements
- Course Planner, "The Next Chapter: Inspiring Opportunities for Lawyers," Pennsylvania Bar Institute Program, Philadelphia, April 8, 2008
- Presenter, "Trial Preparation: Getting Ready for the Big Show," Pennsylvania Bar Institute Seminar: Litigating Employment Discrimination Cases, Philadelphia, December 7, 2007
- Guest Speaker, 10th Anniversary of Philadelphia Treatment Court, Criminal Justice Center, Philadelphia, Pennsylvania, May 23, 2007
- Speaker, "Judicial Independence: Crisis and Opportunity," Inaugural Matthew J. Ryan Law And Public Policy Forum, National Constitution Center, Philadelphia, Pennsylvania, March 30, 2007
- Keynote speaker, "Accepted Student Day," Drexel University Law School, Philadelphia, Pennsylvania, March 24, 2007
- Presenter, "Pandemic and Disaster Planning: Are We Really Prepared?" Pennsylvania Bar Institute program, Philadelphia, Pennsylvania, March 14, 2007
- Keynote speaker, "Presidents' Day celebration," National Museum of American Jewish History, Philadelphia, Pennsylvania, February 19, 2007
- "A Closer Look at the Pay Raise Decision: Putting It All in Context", Pennsylvania Bar Institute, Philadelphia, Pennsylvania, January 2007
- Speaker, Pennsylvania Bar Association's statewide kick-off program for Law Day, May 4, 2006.
- "Dilemmas in Depositions," Ethical Issues at Employment Depositions, 12th Annual Northeast Regional Employment Law Institute, Pennsylvania Bar Institute, Philadelphia, Pennsylvania, April 28, 2006
- "Emotional Distress Damages in Employment Discrimination Cases", Litigating Employment Discrimination Cases, Pennsylvania Bar Institute, Philadelphia, Pennsylvania, December 2, 2005
- "Jury Selection In Employment Cases," Litigating Employment Discrimination Cases, Pennsylvania Bar Institute, Philadelphia, Pennsylvania, December 3, 2004
- Panelist, 7th Annual Characteristics of Successful Women program sponsored by the Pennsylvania Institute of Certified Public Accountants, May 2005.
- "Harassment in the Workplace," A Training Program for Faculty, Administrators and Staff, Immaculata University, Immaculata, Pennsylvania, November 8-9, 2004
- "Practical Approaches to the Employment Law Requirements of Managing Employees," AICPA Spring Business and Industry Conference, Boston, Massachusetts, April 22-23, 2004
- Course planner and co-presenter, "Drafting Employee Handbooks," Pennsylvania Bar Institute Continuing Legal Education seminar, Philadelphia, March 5, 2004; Pittsburgh, March 9, 2004; and Mechanicsburg, Pennsylvania, March 11, 2004
- "Litigating Employment Discrimination Cases," Pennsylvania Bar Institute, Philadelphia, Pennsylvania, December 12, 2003
- "Legal Requirements For Workforce Reductions and Restructuring in the United States," The 2003 Europe/Middle East/Africa Regional Conference, Paris, France, May 22-24, 2003
- "Employment Contracts," Pennsylvania Bar Institute's 9th Annual Northeast Regional Employment Law Institute, Philadelphia, Pennsylvania, April 28, 2003
- "The Hidden Liability Factor: Retaliation in the Workplace," Litigating Employment Discrimination Cases, program presented by the Pennsylvania Bar Institute, Philadelphia, Pennsylvania, March 20, 2003
- Plaintiff's Employment Panel with Alan Epstein, December 2001
- "Drafting Employee Handbooks," Pennsylvania Bar Institute, Philadelphia, Pennsylvania, June 15, 2001; Harrisburg, Pennsylvania, June 19, 2001; Pittsburgh, Pennsylvania, June 22, 2001
- "Is This Information Privileged?", 7th Annual Employment Law Institute, April 24-25, 2001
- "Practice Pointers and Perspectives," Pennsylvania Bar Institute, Philadelphia, Pennsylvania, December 8, 2000
- "How to Terminate an Employee Lawfully," Pennsylvania Bar Institute, Philadelphia, Pennsylvania, November 17, 2000
- "Issues and Implications of the ADA," Gerontology institute of New Jersey, November 14, 2000
- "ADA Issues for Long Term Care Facilities", Center for Healthcare Education, South Plainfield, New Jersey, September 28, 2000
- Pennsylvania Bar Institute Employment Seminar, April 2000
- "Admissibility of Expert Testimony After Daubert," Sixth Annual Employment Law Institute, Pennsylvania Bar Institute, Philadelphia, Pennsylvania, April 18, 2000
- "Effective Settlement Strategies," Pennsylvania Bar Institute, Philadelphia, Pennsylvania, December 10, 1999
- "Handling Mixed Motive Trials," Fifth Annual Employment Law Institute, Pennsylvania Bar Institute, Philadelphia, Pennsylvania, April 22, 1999
- "Women's Law," Pennsylvania Trial Lawyers Association, Philadelphia, Pennsylvania, March 26, 1999
- "Litigating Employment Discrimination Cases," Pennsylvania Bar Institute, Philadelphia, Pennsylvania, December 11, 1998
- "How to Terminate an Employee Lawfully," Pennsylvania Bar Institute, Philadelphia, Pennsylvania, October 1-2, 1998
- "American Disabilities Act and Medical Leave Act," Human Resources Roundtable, AmericaEast, Pennsylvania Bar Institute, Hershey, Pennsylvania, March 18, 1998
- "Investigating Employee Misconduct," Plaintiff's Employment Panel Education Program, the Pennsylvania Bar Institute and the Philadelphia Bar Education Center, December 5, 1997
- The Philadelphia Association of Paralegals 1997 Education Conference, "Sexual Harassment in the Workplace," October 10, 1997
- The Trial of a Sexual Harassment Case, Pennsylvania Bar Institute Continuing Legal Education Program, July 25, 1997
- "Assignments to Guaranty Associations," NOLHGA Sixth Annual Legal Seminar, June 23-24, 1997
- "Basic Human Resource Issues for the General Practitioner," Employment Law: The Nontrial Issues, Third Annual Employment Law Institute, May 20, 1997
- The Plaintiff's Employment Panel of the United States District Court for the Eastern District of Pennsylvania and Philadelphia Bar Education Center - "Examination of Witnesses in Discrimination Cases," December 13, 1996
- Pennsylvania Bar Institute Second Annual Employment Law Institute - "Jury Selection in the Employment Discrimination Case," May 1996
- Philadelphia Bar Education Center Continuing Legal Education Program - "Strategies for Risk Management," December 15, 1995
- Philadelphia Bar Education Center Continuing Legal Education Program - "Litigation Employment Discrimination Cases," December 1, 1995
- PIPCA 1995 Forensic and Litigation Services Conference, "Developments in Employment Discrimination Law, Including Sexual Harassment," October 2, 1995
- Pennsylvania Bar Institute First Annual Employment Law Institute: Ethics - The Voluntary or Involuntary Departure of a Lawyer, The Ethical Rights and Obligations, May 16, 1995
- Leafstone - Managing Temporary Personnel Programs and Expenses, "Controlling Absenteeism," May 4, 1995
- Philadelphia Bar Education Center Continuing Legal Education Program - "Litigating Employment Discrimination Claims," December 9, 1994
- Philadelphia Bar Association Federal Courts Committee Bench-Bar Conference, "New Destinations," June 24, 1994
- Price Waterhouse, General Counsel Forum, "Can Litigation Be Avoided When Employees Are Discharged," May 19, 1994
- Plaintiff's Employment Panel - Educational Program on Harassment, December 6, 1991
- Defense Research Institute, "Bad Faith First Party Insurance Claims," October 21, 1991

