Sales Representative

Daniel Donoghue

Email: *********@********.***

Address: **** ****** **** *

City: Maple Grove

State: MN

Zip: 55311

Country: USA

Phone: 763-***-****

Skill Level: Management

Salary Range: $130,000

Primary Skills/Experience:

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Educational Background:

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Job History / Details:

Daniel R. Donoghue

6242 Zinnia Lane N, Maple Grove, MN 55311

763-***-**** (W) 763-***-**** (H) *****@*******.***

Profile

Accomplished Attorney with 21 years of experience in advising, counseling, and managing a wide array of substantive legal affairs and issues for an in-house legal department. Areas of experience include: contract drafting, review, and negotiation, litigation management, acquisitions, commercial resolutions, domestic and international commercial transactions, employment and labor law, insurance law and risk management, and corporate law and governance.

Education

Juris Doctorate - Hamline University School of Law, St. Paul, Minnesota, May 1990

B.A. Political Science - Moorhead State University, Moorhead, Minnesota, November 1986

Professional Affiliations

Member-Minnesota Bar-1990.

Experience

2007-Present: McQuay International, Plymouth, MN.

Assistant Secretary and Senior Attorney Responsible for drafting, negotiating, and reviewing HVAC equipment sales and service agreements, including standard form construction/contractor agreements for the Sales and Service Division; draft, negotiate, and review OEM, sales representative, distribution/parts/supplier, and licensing agreements and other HVAC related commercial transactions; advise, counsel, draft and negotiate asset acquisitions for the manufacturing and service divisions; advise and counsel on employment, labor and immigration law related issues; manage litigation for commercial and employment related lawsuits and claims and conducted labor arbitrations; advise, handle, and settle CGL and other insurance claims; review company brochures, catalogs, product bulletins, and marketing material for compliance with trademark, product liability/warranty, and advertising risk exposure; responsible for Buy America and ARRA compliance for government funded sales and service bid/agreements; draft, negotiate, and review design build/ construction contracts for the companys R&D center and office expansions throughout the US; and advised and counseled product managers on warranty coverage, claims, and other warranty matters.

Managed and settled lawsuits and claims in favor of a business solution resulting in equipment sales and service agreements to the company.

1992-2006: Loram Maintenance of Way, Inc., Hamel, MN.

Corporate Counsel As the sole in-house counsel/legal department (from 2002-2006), I was responsible for providing advice and counseling to all levels of the company for all legal and general business matters, including structuring commercial transactions, contract drafting, interpretation and negotiation, employment and labor law advice and counseling, litigation and risk management, dispute resolution, intellectual property management, corporate governance and policy, and general corporate support.

Re-wrote and revised all of the companys agreements to provide the necessary legal protection associated with the companys risks. Responsible for drafting and negotiating Lorams railway maintenance lease and service agreements, equipment sale agreements, confidentiality, independent contracting, technology licensing, distribution and supply agreements with railroads and companies throughout the world.

Have written numerous position statements on EEOC claims filed against Loram during tenure with the company receiving a No Probable Cause determination or a favorable outcome for Loram in all such claims. Managed and settled a number of lawsuits or claims involving, FELA, general liability (crossing accidents, third party personal injury, property damage etc.), environmental clean-up, and other related claims obtaining settlements for amounts far less than the claim or demand made against Loram saving the company several million dollars and parlaying such claims into business opportunities for the company.

Managed lawsuits that have received defense verdicts and summary judgments granted in Lorams favor including cases whose outcomes have been affirmed or decided by states supreme courts saving the company several million dollars over the last 3 years. These cases are listed as follows: first, an employee negligent supervision and wrongful off-duty conduct litigation, Ianni v Loram, (June, 2006); second, a railroad crossing accident litigation, Northcutt v. CSXT& Loram, (May 2004); third, a FELA litigation, Jacquot v. BNSF & Loram, (July 2002); fourth, employment/ labor/ workers comp litigation Meintsma v. Loram et. al., (December 2003); fifth, disability discrimination litigation Johnson v. Loram, (June 1998); and sixth, age and disability discrimination litigation Brazil v. Loram, (May 1995).

Have also been involved in a number of labor negotiations and arbitrations under the companys collective bargaining agreement with the United Steelworkers of America.

1989-1992: North Central Life Insurance Company

Corporate Counsel-- Corporate Counsel and Law Clerk

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