Daniel Feinberg

Areas of Practice
  • Employee Benefits
  • Wage & Hour
Bar Admissions
  • State Bar of California
  • Northern District of California
  • Eastern District of California
  • Central District of California
  • Southern District of California
  • U.S. Court of Appeals, Second, Fourth, Ninth, and Eleventh Circuits
  • U.S. Supreme Court
  • University of California at Berkeley School of Law (1988)
  • Swarthmore College (1983)

Daniel Feinberg has been a shareholder at the firm since 1993.

From 1988 to 1993, he was an associate at the firm, then known as Sigman & Lewis. His practice focuses on employee benefits and wage and hour issues, including individual representation in disability and pension claims, class action litigation regarding breaches of fiduciary duties by fiduciaries of benefit plans, and violation of state vacation pay laws. Employee Stock Ownership Plan (“ESOP”) litigation is a particular focus of his practice.

Mr. Feinberg was lead counsel in the Tribune ESOP litigation which resulted in several published decisions in favor of the plaintiffs, as listed below.

Mr. Feinberg has been retained as an expert witness or mediator in ERISA-related litigation, and he was appointed as Special Master for settlement purposes in an ERISA class action by the U.S. District Court for the Middle District of Florida.

Mr. Feinberg has also spoken on ERISA topics at many legal conferences, including Annual Meetings of the American Bar Association, Annual Conventions of the National Employment Lawyers Association, Annual Meetings of the Western Pension and Benefits Conference, the Los Angeles Benefits Conference, and the ERISA Litigation Conference.

  • Super Lawyers magazine has named him a Top 100 Northern California Lawyer every year since 2011.
  • “Northern California Super Lawyer” in the Employee Benefits/ERISA category every year since 2005.
  • In November 2003, The Recorder newspaper gave Daniel Feinberg honorable mention in the category of top attorney for ERISA plaintiffs in the San Francisco Bay Area.
  • Mr. Feinberg received the 2006 Champion of Justice Award from the Bar Association of San Francisco (BASF) at the BASF Foundation Gala on October 10, 2006. This award is the highest honor the BASF Foundation bestows upon a member of the Bay Area legal community.
Civic Activities and Professional Associations
  • Mr. Feinberg serves as a member of the Board of Directors of The Legal Aid Society – Employment Law Center.
  • National Employment Lawyers Association (NELA)
  • Consumer Attorneys of California
Publications and Presentations
  • Mr. Feinberg’s published cases include Abatie v. Alta Health & Life Ins. Co., 458 F.3d 955 (9th Cir. 2006) (en banc); Comer v. Salomon Smith Barney, 436 F.3d 1098 (9th Cir. 2006); Lee v. California Butchers’ Pension Trust Fund, 154 F.3d 1075 (9th Cir. 1998); Mongeluzo v. Baxter Travenol LTD Plan, 46 F.3d 938 (9th Cir. 1995).
  • The Tribune ESOP litigation resulted in several favorable published decisions, including Neil v. Zell, 677 F.Supp. 2d 1010 (N.D. Ill. 2009); Neil v. Zell, 753 F.Supp. 2d 724 (N.D. Ill. 2010); and Neil v. Zell, 767 F.Supp. 2d 933 (N.D. Ill. 2011).
  • Mr. Feinberg has authored or co-authored many articles on ERISA topics published in ERISA Litigation Reporter, ABA Employee Benefits Committee Newsletter, The Practical Lawyer, Tax Management Compensation Planning Journal, and Labor Center Reporter.
Significant Cases