Daniel H. Park

Associate

P: (404) 261-0379

F: (404) 233-1943

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Daniel's Bio

Work hard at work worth doing. This is what drives Daniel Park in every aspect of his life. At Berman Fink Van Horn, Daniel demonstrates this in everything he does. A Litigation Associate, Daniel assists companies in all aspects of business... Read More

Latest Post

Copyright Registration Required to Sue? The Supreme Court Clarifies

The Law is Clarified Registration of a copyright must be completed before suing for infringement.  This was the recent unanimous ruling of U.S. Supreme Court. The high court’s ruling in  Fourth Estate Public Benefit Corp. v. Wall-Street.com, LLC, et al. resolves a long-running question in copyright litigation: when exactly can...
Read More

Latest Publications

Sexual Harassment Update: Uber’s Latest Controversy and the EEOC’s Renewed Focus on Workplace Harassment Policies and Training, Atlanta Bar Association Labor & Employment Bar Section Newsletter, Spring 2017

No Punitive Damages under the GCSPA: What Employment Litigators should Know about the Georgia Supreme Court’s Recent Decision, Atlanta Bar Association Labor & Employment Bar Section Newsletter, Spring 2017

Daniel's Biography

Work hard at work worth doing. This is what drives Daniel Park in every aspect of his life. At Berman Fink Van Horn, Daniel demonstrates this in everything he does. A Litigation Associate, Daniel assists companies in all aspects of business disputes, working with employers on matters from competition-related issues involving employee restrictive covenants and trade secret theft to discrimination claims and matters involving contracts.

 

While Daniel seeks to find ways for business owners to take preventative measures to grow their business, he is prepared to litigate to protect the clients’ business interests. He has experience representing employers in a wide variety of industries in both state and federal court.

Daniel is a graduate of Boston University School of Law and received his Bachelor of Arts from Boston College (cum laude). Outside of the office, Daniel enjoys fishing, reading, collecting first edition books and spending time with his family (and two dogs). He is also conversational in Korean.

Daniel's Publications

Sexual Harassment Update: Uber’s Latest Controversy and the EEOC’s Renewed Focus on Workplace Harassment Policies and Training, Atlanta Bar Association Labor & Employment Bar Section Newsletter, Spring 2017

No Punitive Damages under the GCSPA: What Employment Litigators should Know about the Georgia Supreme Court’s Recent Decision, Atlanta Bar Association Labor & Employment Bar Section Newsletter, Spring 2017

Daniel's Posts

Copyright Registration Required to Sue? The Supreme Court Clarifies

The Law is Clarified Registration of a copyright must be completed before suing for infringement.  This was the recent unanimous ruling of U.S. Supreme Court. The high court’s ruling in  Fourth Estate Public Benefit Corp. v. Wall-Street.com, LLC, et al. resolves a long-running question in copyright litigation: when exactly can...
Read More

UPS Settles Religious Discrimination Suit: A Reminder for Employers

Atlanta based United Parcel Service Inc. (UPS) has agreed to settle a religious discrimination lawsuit for $4.9 million with the Equal Employment Opportunity Commission (EEOC).  In addition to the monetary payout, the settlement requires UPS to provide training to managers and supervisors, to publicize the right to religious accommodation on...
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EEOC Mediation for Employers

When an Equal Employment Opportunity Commission (EEOC) charge of discrimination is filed by an employee, the EEOC may refer the complaint to the EEOC’s National Mediation Program, presenting both the employee and employer with the opportunity to participate in an EEOC mediation. We previously discussed tips an employer should consider when...
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WeWork Settlement to Curb Non-Competes Adds to Growing Trend

Recently, shared-office rental company WeWork reached a settlement with the attorney general (AG) of New York to end or limit WeWork’s use of non-compete agreements for nearly all of its employees in the U.S.  WeWork is an industry leader in the co-working industry, providing shared workspaces for lease by month...
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Your Company has Received an EEOC Charge – Now What?

Receiving an Equal Employment Opportunity Commission (EEOC) charge of discrimination is a challenging event for any business.  With the EEOC’s recent focus on workplace harassment and the national attention generated by the #MeToo movement, it is important for employers to understand the EEOC charge process and what to do when...
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Perpetuating Pre-Lawsuit Testimony in Georgia

You may be surprised to hear that Georgia law provides for pre-lawsuit depositions in limited circumstances. The Georgia Civil Practice Act sets forth an equitable proceeding to perpetuate a person’s own or another person’s testimony prior to the filing of a lawsuit by petition to the Superior Court.  O.C.G.A. §...
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Attorneys’ Fees under the GTSA: Willful and Malicious Misappropriation

Continuing our discussion on attorneys’ fees under the Georgia Trade Secrets Act (GTSA), in addition to the circumstance in which fees are awarded where a GTSA claim is made in bad faith, fees may also be awarded to the prevailing party where “willful and malicious misappropriation exists.” Georgia is one of...
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Attorneys’ Fees under the GTSA for Claims Made in Bad Faith

It is common for litigants to have questions about their eligibility to be awarded attorneys’ fees from the opposing party.  The general rule is that each party in litigation bears its own attorneys’ fees except where specific contractual or statutory authority provides for fee shifting.  In trade secret litigation, eligibility...
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No Hollywood Ending: Weinstein Allegations Draw Focus on Harassment

The recent allegations of sexual harassment against Harvey Weinstein have drawn national attention to the issue of sexual harassment. More than 40 women have come forward and accused Weinstein of harassment, and the LAPD is now investigating Weinstein for sexual assault. Sexual harassment continues to be a problem in the...
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New Overtime Rule Invalidated: What this Means for Employers

On August 31, 2017, federal judge Amos Mazzant of the U.S. District Court for the Eastern District of Texas invalidated the Department of Labor’s (DOL) overtime rule that doubled the minimum salary levels for exempt executive, professional, and administrative employees under the Fair Labor Standards Act (FLSA). Judge Mazzant’s entered...
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What’s the statute of limitations on a breach of fiduciary duty claim?

Under Georgia law, certain relationships give rise to fiduciary duties on the part of individuals.  An individual with a fiduciary duty must exercise loyalty and utmost good faith towards the person to whom the duty is owed.  Certain employees and officers can owe fiduciary duties.  Georgia courts have held that...
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Removal to Federal Court: 30 Days from Receipt or Service?

In many non-compete and trade secret cases, a defendant may, for a variety of reasons, prefer to be in federal court over state court.   For example, the former employer may bring suit in the state court within its home state, notwithstanding that the employee-defendant resides in a different state.  The...
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GA Court Enforces Forum Selection Clause in Restrictive Covenants

Forum-selection clauses are often included in restrictive covenant agreements when companies have employees located in different states other than the state where the company is headquartered, to try to allow the company to litigate non-compete disputes on its home turf. However, even if the parties have entered into a valid...
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Daniel's Honors & Awards

Daniel's Success Stories

Daniel's Community Involvement

Dunwoody Young Professionals Kiwanis Club

Daniel's Presentations

Daniel's Representative Matters

Bar Admissions

Georgia, 2010

Federal
– Northern District of Georgia

Education

B.A., Boston College, Cum Laude, 2007
J.D., Boston University School of Law, 2010

Professional Memberships

The Korean American Bar Association of Georgia