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Mr. Donald A. Daugherty Jr.

Attorney, Milwaukee office of Whyte Hirschboeck Dudek S.C.
Donald A. Daugherty, Jr. is an attorney in the Milwaukee office of Whyte Hirschboeck Dudek S.C. practicing in the areas of business and products liability litigation. Mr. Daugherty’s practice has included representation of hospital and other health care providers, IT services companies, internet retailers and other eCommerce businesses, manufacturers, insurers, and financial institutions and other lenders. He served as law clerk to the Honorable Roger J. Miner of the United States Court of Appeals for the Second Circuit from 1990 to 1991. He also served as Special Assistant District Attorney for the Milwaukee County from June to September 1993 and is a commissioner for Milwaukee County Circuit Court. Mr. Daugherty was honored by being chosen for The Business Journal’s “40 Under 40” in 2000, and as one of Wisconsin's Business Litigation "Super Lawyers" in 2005 and 2006. He has obtained the highest rating – “AV” – from Martindale Hubbell.

His trial, appellate and other experience includes the following:


  • Represented State of Wisconsin before United States Supreme Court in Zelman v. Simmons-Harris, in which the constitutionality of Ohio’s school voucher program was challenged.
  • 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.
  • Represented twenty-seven members of Congress before United States 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.
  • 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 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.
  • 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.
  • 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 DOJ 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.
  • Obtained 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 age discrimination claims brought in federal court under New York City Human Rights Act and federal statute.
  • Representing business and other clients in proceedings before Department of Agriculture, Trade, and Consumer Protection, Department of Public Instruction, and other administrative agencies.
  • Won money damages award after trial in state court for client metal fabricating business which was improperly terminated from construction project.
  • Representing clients in TRO and preliminary injunction proceedings relating to enforcement of covenants-not-to-compete, claims under Uniform Trade Secrets Act, and similar actions.
  • Representing financial institutions and other creditors in adversary proceedings and other actions in federal bankruptcy and state receivership cases.
Education

Northwestern University School of Law, J.D., 1990 

University of Virginia, B.A. 1985