Jane Leslie Dalton
Of Counsel

Duane Morris LLP
30 South 17th Street
Philadelphia, PA 19103-4196
USA

Phone: +1 215 979 1830
Fax: +1 215 689 2126
Email: Dalton@duanemorris.com

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Jane Leslie Dalton

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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 currently serves as Vice-Chair of the Pennsylvania Bar Insurance Fund and Trust Fund, Co-Chair of the PBA'S Commission on Women in the Profession and Secretary-Treasurer of the Metropolitan Bar Caucus of the National Conference of Bar Presidents. Ms. Dalton is a former 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.

She is a 1971 graduate of the University of Pennsylvania Law School and a graduate of Smith College.

Areas of Practice

  • Unfair Competition
  • Employment Discrimination
  • Personnel Management
  • Education

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.

Admissions

  • Pennsylvania
  • U.S. District Court for the Eastern District of Pennsylvania
  • U.S. District Court for the Western District of Pennsylvania
  • U.S. District Court for the Western District of Michigan
  • Supreme Court of Pennsylvania
  • Supreme Court of the United States
  • U.S. Court of Appeals for the Third Circuit
  • U.S. Court of Appeals for the Seventh Circuit

Education

  • University of Pennsylvania Law School, J.D., 1971

Experience

  • Duane Morris LLP
    - Of Counsel, 2011-present
    - Partner, 1978-2010
    - Associate, 1971-1978

Professional Activities

  • American Bar Association
  • Pennsylvania Bar Association
    - Delegate, Zone One to House of Delegates, 2002-present
    - Co-Chair, PBA Commission on Women in the Profession, 2011-present
    - Member, Commission on Women in the Profession, 1999-present
    - Executive Committee 2010-2012
  • Philadelphia Bar Association
    - Chancellor, 2007
    - Chancellor-Elect, 2006
    - Vice Chancellor, 2005
    - Chair, Board of Governors, 2003
    - Vice Chair, Board of Governors, 2002
    - Member, 2003
    - Business Law Section
    - Co-Chair, Human Resources Committee, 2001-2003
    - Committee Chair of the Year, 2001
    - Co-Chair, Strategic Planning Committee, 2002
    - 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
  • 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
  • Chair, Magistrate Judge Selection Panel, United States District Court of Eastern District of Pennsylvania, 2006
  • Member, Rule 5000 Committee, Rules of Judicial Administration of the Judicial Council of Pennsylvania, 2007-2009

Honors and Awards

  • 2012 Sandra Day O'Connor Award given by the Philadelphia Bar Association to a woman attorney who has demonstrated superior legal talent, achieved significant legal accomplishments and has furthered the advancement of women in the profession and the community.
  • Replansky Award 2011 - The Dennis Replansky Memorial Award, given by the Business Law Section of the Philadelphia Bar Association. The recipient of this distinguished Award is recognized as having superior legal talent and professionalism, for unique contributions to and significant achievements in both the Philadelphia business law community and civic causes, and for mentoring young attorneys
  • Recognized by Philadelphia Magazine as one of Pennsylvania's Super Lawyers, 2006-2013
  • 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
  • AV® Preeminent™ Peer Review Rated by Martindale-Hubbell

Board Memberships

  • Pennsylvania Bar Insurance Fund and Trust Fund
    - Board of Trustees, 2008-present
    - Vice Chair, 2009-present
  • Philadelphia Bar Foundation
    - Trustee, 1995-2010
    - Vice-President, 2005
    - Assistant Treasurer, 1997
    - Member, various committees, 1999-present
  • Earl Mack School of Law at Drexel University
    - Member, Advisory Board, 2006-2009
    - Member, Law School Board, 2009 to present
  • Jenkins Law Library
    - Board of Trustees, 2007-2008
  • The Crossroads School, 2002-June 2006
  • 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

Civic and Charitable Activities

  • Unity Church of Christ, 1990-1994, 1997-2001
    - President, 1991-1994, 1997-2001
  • Police Advisory Commission, Chair, 1994-2000

Selected Publications

  • Author, "Speak up: Finding Your Authentic Voice," Philadelphia Bar Association Women in the Profession Newsletter, July 1, 2011
  • Author, "If I Knew Then What I Know Now," Women's Advocate Newsletter, Fall 2009, American Bar Association's Spring 2010 Pretrial Practice & Discovery Committee Newsletter; Major Lindsey & Africa, 3rd Quarter 2010 Associate Newsletter; 2011 Winter Edition of the Philadelphia Bar Association's Commission in the Profession's Voices and Views
  • Co-Author, "When 'Will' Won't Do In Employment Agreements," Law 360, September 22, 2008
  • Co-author, "ADA Pre-Empts FMLA on Independent Medical Examination," The Legal Intelligencer and Pennsylvania Law Weekly, December 2003
  • 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, "Circuits split over Means-Based Awarding of Costs," The National Law Journal, April 17, 1995

Selected Speaking Engagements

  • Speaker, "Succession Planning for Attorneys," Pennsylvania Bar Institute seminar, Mechanicsburg, Pennsylvania, March 9, 2011; Philadelphia, Pennsylvania, March 22, 2011
  • Panelist, "Taking the Civility Challenge!" Pennsylvania Bar Association Midyear Meeting, Key West, Florida, February 3, 2011
  • Presenter, "Civility—Nice Guys and Gals Do Not Finish Last," Philadelphia Bar Association Bench Bar, Atlantic City, New Jersey, October 15-16, 2010
  • Panelist, "Creating Value for Your Members: Turbo Charging Your Ethics Committee," ABA 2010 Annual Meeting, National Conference of Bar Executives, Metropolitan Bar Caucus, San Francisco, CA, August 5-10, 2010
  • Presenter, "Age Discrimination Litigation: Proven Strategies from Discovery to Verdict," National Constitution Center webinar, July 14, 2010
  • Panelist, "Presidents' Memo to Executive Director—A Candid Conversation" before the National Conference of Bar Executives and "Metro Bars and Large Law Firms—Relationships, Relevance and Retention" for the National Conference of Bar Presidents, American Bar Association 2010 Midyear Meeting, Orlando, Florida, February 3-9, 2010
  • Co-Presenter: "How to Identify and Achieve Your Goals," Philadelphia Bar Association, Philadelphia, December 15, 2009
  • Panelist, "Plugging the Leaky Pipeline: Stopping Attrition", Pennsylvania Bar Association's Women in the Profession Mid-Year Meeting, Philadelphia, March 31, 2009
  • Panelist and Presenter, "Rainmaking and Business Development for Women: First Hand Advice and Success Stories," HB Litigation Conference, LLC, March 11, 2009
  • Moderator, "Rainmaking & Business Development for Women: First-Hand Advice and Success Stories," BVR Legal/Mealey's "Women in the Legal Profession Summit: Rainmaking, Negotiating and Collaborative Development," Philadelphia, Pennsylvania, September 17, 2008
  • 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