Daniel A. Griffith

Partner, Co-Chair of Tort & Insurance Litigation Section
blank image Daniel A. Griffith
Daniel A. Griffith

Daniel A. Griffith

PARTNER, CO-CHAIR OF TORT & INSURANCE LITIGATION SECTION
WILMINGTON
T: 302.357.3254
F: 302.357.3274

Named one of Delaware’s 13 “Most Influential People in Law” by Delaware News Journal, Mr. Griffith is the Managing Partner of Whiteford's Delaware office and co-chairs the firm's Tort and Insurance Litigation Section. He handles professional liability matters, class action and multi-district litigation, business disputes, complex insurance issues, civil rights matters and a wide range of other litigation. In addition to representing professionals (attorneys, insurance professionals, private and public employers and police officers) in litigated matters, he represents commercial and personal insurance carriers, multi-national corporations, municipal entities and state governments. Mr. Griffith focuses his practice on civil rights litigation, complex insurance coverage matters and litigation arising from business disputes.

He has significant trial experience in Delaware, Pennsylvania and New Jersey. Mr. Griffith has tried cases in a wide variety of areas, including copyright infringement, insurance coverage/bad faith, employment discrimination, municipal liability, civil rights and professional negligence. He is admitted to practice before the United States Supreme Court as well as numerous inferior courts and is a frequent writer and lecturer on issues relating to civil trial practice, including ethics, federal pre-trial practice, expert issues and building civil trial skills.

Recognitions

  • Benchmark Litigation, Delaware "Future Star" (2010–Present)
  • The Best Lawyers in America®, Insurance Law (2024); Litigation-Insurance (2024), Product Liability Litigation - Defendants (2024)
  • Delaware News Journal, Most Influential People in Law (2023)
  • Chambers USA, Business Litigation, Delaware (2009)
 

Memberships & Activities

  • Fellow: Litigation Counsel of America, The Trial Lawyer Honorary Society
  • Member: American Bar Association
  • Member:  Delaware State Bar Association
  • Member:  New Jersey State Bar Association
  • Member:  Defense Research Institute: Professionalism and Ethics Committee
  • Best Lawyers Designation
  • Benchmark Litigation Designation

Business Litigation

  • Counsel to bank and accounts receivable management companies in defense of federal claims brought under Fair Credit Reporting Act and Fair Debt Collection Practices Act.
  • Represented Independent Sales Organization (ISO) in federal litigation against bank involving credit and debit card processing of merchant accounts. 
  • Represented seller of credit-card accounts receivable in federal litigation arising out of alleged breach of Purchase-and-Sale Agreement.   
 

Civil Rights Litigation

  • Represented medical provider to Delaware's inmate population in federal claim by 19 inmates that nurse's use of contaminated needle exposed inmates' to blood-borne illnesses, including HIV and Hepatitis.
  • Represented municipality in claim by mayoral candidate that the city violated his First Amendment rights in connection with campaign advertising.
  • Represents numerous Delaware municipalities and counties in defense of constitutional claims arising out of alleged wrongful arrests, excessive use of force, unwarranted taser incidents, denial of land use applications and employment discrimination.
 

Professional Liability Defense

  • Represents patient advocacy service in claim alleging breach of fiduciary duty arising out of court-appointed guardianship
  • Represents law firm in complex legal malpractice claim arising out of a series of real estate and financial transactions involving multiple developers, financial institutions and attorneys.
  • Represented attorneys and law firm in legal malpractice claim alleging negligence and fraudulent misrepresentations in connection with underlying toxic tort claim.
 

Intellectual Property Litigation

  • Represented internet provider of membership discount programs in defense of copyright infringement claim.
  • Counsel for multi-national electronics company in patent infringement litigation involving digital television system.
  • Delaware counsel for national transportation company in patent infringement claim involving electronic fleet management systems.
 

Insurance Coverage Litigation

  • Represented insurance carrier in complex federal coverage litigation involving underlying environmental exposure and remediation.
  • Counsel for multi-national personal and commercial lines insurance carrier in federal coverage action arising out of underlying wrongful death action.
  • Counsel for primary insurance carrier in multi-million dollar insurance coverage action arising out of underlying product liability claim.
 

Land Use/Real Estate Litigation

  • Represented Sussex County in federal civil rights action/claim for injunctive relief arising out of denial of Conditional Use Permit for developer's construction of commercial office buildings.
  • Represented municipality in developer's claims for money damages and injunctive relief following denial of application or use variance.
  • Represented Kent County in appeal from/challenge to County's denial of developer's application for Conditional Use Permit for expansion of commercial asphalt/recycling plant.
 

Alternative Dispute Resolution

  • One of only 9 attorneys in the State of Delaware named to the Roster of Neutrals of the American Arbitration Association (AAA). The AAA is the nation's leading provider of alternative dispute resolution, and its national Roster of Neutrals consists of accomplished and respected experts from the legal and business communities. Candidates are appointed based upon exceptional qualifications, accomplishments and professional stature.
 

Labor & Employment Litigation

  • Represents municipal employer in federal suit by city's former IT director alleging employer's violation of Americans with Disabilities Act (ADA) and Family and Medical Leave Act (FMLA)
  • Represents employees in claims before the Equal Employment Opportunity Commission in claims alleging gender discrimination and retaliatory discharge
  • Represents police department in employment claim by former officer alleging discrimination on the basis of religion
 

Healthcare and Medical Malpractice Litigation

  • Represents doctors and nurses in numerous claims alleging medical malpractice in state and federal courts
  • Represents medical professionals in disciplinary actions before Delaware's Division of Professional Regulation
 

Municipal

  • Represents numerous Delaware police departments and other branches of county and state government in claims ranging from wrongful arrest and excessive force (i.e., use of taser or canine, etc.) to property damage from sewer back-ups and personal injuries from alleged negligence by governmental employees.
INSIGHTS

Speaker: SECTION 1983 CLAIMS AND GOVERNMENT LIABILITY: LITIGATION, ENFORCEMENT, AND GUIDANCE UPDATE  (National Business Institute National Webinar, July 11, 2023)

Moderator: HOT TOPICS AND TRENDS IN POLICE LIABILITY (National Business Institute National Webinar, June 2, 2023)

Speaker: WHAT IS A CONFLICT OF INTEREST? (Delaware State Bar Association Seminar, May 11, 2023)

Interviewed: TWITTER TAKES ELON MUSK TO COURT, ACCUSING HIM OF BAD FAITH AND HYPOCRISY (NPR, July 12, 2022)

Speaker: DEFENDING EXCESSIVE FORCE CLAIMS (Delaware Police Chiefs’ Council Staff Development Seminar, October 20, 2021)

Speaker: NOVEL CLAIMS FROM A NOVEL VIRUS: CORRECTIONAL HEALTH CARE CLAIMS ARISING FROM A GLOBAL PANDEMIC (National Commission on Correctional Health Care, Spring Conference, April 27, 2021)

Speaker: WHAT IS A CONFLICT OF INTEREST (Delaware State Bar Association, Fundamentals of Lawyer-Client Relations Webinar, March 10, 2021)

Speaker: ETHICAL ISSUES IN INMATE LAWSUITS: SOLUTIONS TO THE MOST COMMON ETHICAL CHALLENGES (National Commission on Correctional Health Care, December 10, 2020, Webinar)

Speaker: EXCESSIVE USE OF FORCE BY POLICE: HOT BUTTON ISSUES AND CASE LAW (National Business Institute, July 23, 2020, Live Teleconference)

Author and Speaker: APPLICATION OF NCCHC STANDARDS TO INMATE LAWSUITS: CURRENT TRENDS AND USEFUL TIPS (National Commission on Correctional Health Care Annual Spring Conference, May 4, 2020, Atlanta, GA)

Author and Speaker: DEPOSITIONS 101: HOW TO BE AN EFFECTIVE WITNESS FOR YOU AND YOUR EMPLOYER (National Commission on Correctional Health Care Annual Fall Conference, November 7, 2017, Chicago, Il)

Author and Speaker: SUPERVISORY LIABILITY IN INMATE LAWSUITS: A CORRECTIONAL HEALTH CARE LEADER’S ROLE IN LITIGATION (National Commission on Correctional Health Care Annual Leadership Conference, July 15, 2016, Boston, MA)

Author and Speaker: ETHICAL ISSUES IN INMATE LITIGATION – SOLUTIONS TO THE MOST COMMON CHALLENGES (National Commission on Correctional Health Care Annual Fall Conference, October 21, 2014, Las Vegas, NV)

Author and Speaker: ANATOMY OF A CORRECTIONAL HEALTH CARE LAWSUIT – FROM INITIAL GRIEVANCE THROUGH TRIAL CHALLENGES (National Commission on Correctional Health Care Annual Fall Conference, October 21, 2014, Las Vegas, NV)

Author and Speaker: DEPOSITIONS PROCEDURE AND EXPERT TIPS (National Business Institute - September, 2011)

Author and Speaker: WHAT THE CIVIL COURT JUDGES WANT YOU TO KNOW (National Business Institute, September, 2007)

Moderator: A VIEW FROM THEIR BENCH: EVIDENCE & EXPERT TESTIMONY BEST PRACTICES, (National Business Institute Trial Practice l Judicial Forum - Wilmington, Delaware - November 21, 2008)

Author and Speaker: EFFECTIVE FEDERAL PRE-TRIAL PRACTICE (National Business Institute, February, 2007)

Author and Speaker: BUILDING YOUR CIVIL TRIAL SKILLS (National Business Institute, December, 2006)

Author and Speaker: GETTING YOUR EVIDENCE AND EXPERT TESTIMONY ADMITTED INTO COURT IN DELAWARE (National Business Institute, February, 2006)

Author and Speaker: MANAGING ETHICAL ISSUES IN YOUR DAY-TO-DAY PRACTICE IN DELAWARE (National Business Institute, December, 2005)

Author and Speaker: LEGAL ETHICS IN DELAWARE: SOLUTIONS TO THE MOST COMMON ETHICAL CHALLENGES (National Business Institute, December, 2004)

Speaker: HOW TO AVOID BEING THE TARGET OF A LEGAL MALPRACTICE CLAIM IN DELAWARE (National Business Institute, 2004)

ARTICLES

Client Alert: Delaware Court Holds Public Entities Liable for Opponents' Attorneys' Fees in "Public Interest Litigation"

In the absence of a statute or court Order, parties to litigation usually pay their own attorneys’ fees and costs. This is the “American Rule.” However, in a recent decision which has shaken public entities throughout the state, a Delaware court has concluded that a public entity may be required to bear its opponent’s fees and costs if the civic benefits of public interest litigation are sufficiently laudable. Since many lawsuits against governmental entities may be considered “public interest litigation”, this decision warrants attention (and concern) from all Delaware municipalities and counties.

Insurance Considerations for Employers With Remote/Hybrid Employees

The rise of remote work comes with potential liability, requiring employers to examine the scope of their existing insurance coverage and to explore additional options for coverage. Remote working generally implicates three forms of business and employer-liability insurance: (1) worker’s compensation; (2) cyber-insurance; and (3) commercial property insurance.

Client Alert: COVID-19 and Medical Professional Liability

During this unprecedented global pandemic, much of our attention has appropriately focused on the physical protection of medical professionals from COVID-19.  But, in the coming months and years, the focus will shift toward the legal protections afforded to medical professionals treating [suspected] patients of COVID-19.

Medical professional liability laws vary by state.  Generally, immunities are afforded to providers through legislative measures.  In a time of emergency, such as the current pandemic, these immunities can be executively ordered.

NEWSLETTERS

Labor & Employment Newsletter - March 2022

State Tax and Withholding Consequences of Remote Work

Mitigating Risk and Establishing Expectations through Remote Work Agreements

Data Privacy and Security in the Remote Work Era

Insurance Considerations for Employers with Remote/Hybrid Employees

Time To Consider A Remote Work Mini-Handbook?


NEWS

13 Whiteford Lawyers Recognized by Benchmark Litigation in 2024

Benchmark Litigation, the widely respected guide to leading litigation firms and lawyers, has announced that thirteen Whiteford attorneys have been named 2024 “Litigation Stars,” “Future Stars,” “Labor and Employment Stars,” and “40 & Under” in DC, Delaware, Maryland and Virginia (*new recognition in 2024).

A Record 87 Whiteford Attorneys Listed in Best Lawyers in America 2024, Ten Selected as “Ones to Watch”

87 lawyers from Whiteford, Taylor & Preston have been selected by their peers for inclusion in The Best Lawyers in America® 2024 (copyright 2023 by Woodward/White, Inc., of Aiken S.C.). New practice areas of recognition include CleanTech Law and Entertainment and Sports Law. The lawyers selected are based in the firm’s Delaware, Maryland, Pennsylvania, Virginia and Washington offices. Client comments are posted on the Best Lawyers website, at bestlawfirms.com.

16 Whiteford Lawyers Recognized by Benchmark Litigation in 2023

Benchmark Litigation, the widely respected guide to leading litigation firms and lawyers, has announced that sixteen Whiteford attorneys have been named 2023 “Litigation Stars,” “Future Stars,” “Labor and Employment Stars,” and “40 & Under Hotlist” in DC, Delaware, Maryland and Virginia.

16 Whiteford Lawyers Recognized by Benchmark Litigation

Benchmark Litigation, the widely respected guide to leading litigation firms and lawyers has announced that sixteen Whiteford attorneys have been named 2022 “Litigation Stars,” “Future Stars,” “Labor and Employment Stars,” and “40 & Under Hotlist” in DC, Delaware, Maryland and Virginia.

A Record 11 Whiteford Lawyers Recognized as Benchmark Litigation Stars

Earlier this year, Benchmark Litigation named Whiteford, Taylor & Preston its 2019 “Maryland Law Firm of the Year.” Today, the widely respected guide to leading litigation firms and lawyers has announced that a record eleven Whiteford attorneys have been named 2020 “Litigation Stars” and “Future Stars” in Delaware, Maryland and Virginia.
 

Whiteford, Taylor & Preston Recognized in 2016 Benchmark Litigation

The 2016 edition of Benchmark Litigation has ranked Whiteford, Taylor & Preston as “Highly Recommended” in Maryland.  The ranking is the publication’s top rating and identifies those firms it deems “dominant” in the state.

In addition, Benchmark Litigation named eight lawyers from the firm as Maryland “Local litigation Stars.”   The selected lawyers represent the broad diversity of the firm’s litigation experience, from sophisticated business litigation to bankruptcy to products liability.


Whiteford, Taylor & Preston Recognized in 2014 Benchmark Litigation and Benchmark Plaintiff

The 2014 editions of Benchmark Litigation and Benchmark Plaintiffs have ranked Whiteford, Taylor & Preston in the top tier of litigation firms in Maryland.

Eight lawyers from the firm were named as Maryland “Local litigation Stars” in Benchmark Litigation, and three of them were also named in Benchmark Plaintiffs. In addition, Daniel Griffith, the head of the firm’s Wilmington office, continued to be listed as a “Future Star” in the rankings for Delaware.


Whiteford, Taylor & Preston’s Delaware Office Grows and Moves into Renaissance Center

Whiteford, Taylor & Preston LLP (WTP) is pleased to announce that its Delaware office has expanded and moved into the Renaissance Center, Suite 500, 405 North King Street, Wilmington DE 19801-3700.  The phone number is 302.353.4144.  This expansion will shortly be followed by the opening of the firm’s fourth office in Maryland, in Bethesda, bringing the total number of offices to eight.


Daniel Griffith Listed in Benchmark Litigation 2012

The 2012 edition of Benchmark Litigation: The Definitive Guide to America’s Leading Litigation Firms & Attorneys has once again singled out Daniel Griffith, partner and chair of the Wilmington office of Whiteford Taylor & Preston LLC, as a “Future Star.”

Mr. Griffith commented, “Only 61 litigators in the entire state of Delaware were named in this year’s rankings, so I’m very honored to be included among them.”


Whiteford, Taylor & Preston Names Partners

Whiteford, Taylor & Preston is delighted to announce that Susan Jaffe Roberts has been elected a partner of the firm, and Daniel A. Griffith, and Edward J. O'Connell III have been named equity partners, effective January 1, 2010.


Whiteford, Taylor & Preston and 12 Attorneys Listed in Benchmark Litigation 2010

Ten lawyers from Whiteford, Taylor & Preston in Maryland and two in Delaware have been selected by Euromoney's Legal Media Group as "leading litigation attorneys." Their names appeared in the 2010 edition of the guide Benchmark Litigation: The Definitive Guide to America's Leading Litigation Firms & Attorneys. This is an increase of six over last year. In Maryland, the firm has substantially more ranked lawyers than any other firm on the list.