Kirsten G. Daniels

Attorney | Seattle | 206.223.7269 | danielsk@lanepowell.com

Areas of Practice

Kirsten Daniels focuses her practice on employment litigation and counseling. She defends clients against EEOC claims, discrimination/constructive discharge, sexual harassment and hostile work environment claims, and wage and hour violations. Kirsten also advises employers regarding compliance with federal and state employment laws and has drafted employment handbooks and personnel policies and separation and release agreements.

Kirsten also litigates ERISA and employee benefits issues. Kirsten represents employers, employee benefit plans, insured plans, insurers and administrators in actions involving disability, life, health, and stock/compensation employee claims, claims for breach of fiduciary duty, and actions seeking civil penalties under ERISA. Kirsten provides advice to ERISA plans, employers, fiduciaries and insurers regarding disability claims, health claims, compliance with Department of Labor regulations and civil enforcement actions.

Professional Experience

• Judicial Extern, Honorable John C. Coughenhour (Seattle, WA)
• Judicial Extern, Employment Security Division, Office of Administrative Hearings (Seattle, WA)
• Intern, Unemployment Law Project (Seattle, WA)

Admitted to Practice

• Washington
• U.S. District Court, Western Washington
• U.S. District Court, Eastern Washington

Academics

• Seattle University Law School (J.D., magna cum laude)
  • National Moot Court Team
  • Vice-President of Fundraising, Public Interest Law Foundation
• University of Puget Sound (B.A).

Practice Group and Specialty Team Memberships

• Labor and Employment
• Long Term Care and Seniors Housing Client Service Team
• Retail

Publications

• “Employees’ Use of E-mail for Union Support Purposes,” Human Resources 2008, Summer 2008 (Co-author)
• “Looking Forward on Background Checks: The CMS employee background check Pilot Program should prompt long-term care providers to evaluate their current “direct access employer” background check screening process,” American Health Lawyers Association LTC Advisor, November 2007 (Co-author)
• “Human Resources 2008: Answers to the Top 25 HR Questions in 2008 — NLRB Ruling Restricts Use of Company E-mail for Union Purposes” (Co-author)

Speaking Engagements

• “Performance Evaluations of Employees in Washington,” Lorman Education Seminar (Moderator)

Representative Matters

• Leilani Carder-Cowin v. Unum Life Insurance Co. of America, —F. Supp. 2d—, 2008 WL 2323529 (W.D. Wash 2008)(Summary judgment in Plan administrator’s favor. Plan properly exercised its discretion and was unaffected by conflict of interest.)
• Defended local health and fitness organization against EEOC wrongful discharge claim; claim dismissed by EEOC in 48 hours Defended multi-state long term care facility owner against wrongful death claim
• Mediated failure to accommodate and FLMA claim on behalf of local software company
• Litigated failure to accommodate and race discrimination claim on behalf of national oil company
• Obtained summary judgment dismissal of sexual harassment/hostile work environment claim on behalf of local not-for-profit organization
• Defended insurance company and plan administrator against ERISA bad faith claim brought by policy beneficiary

Professional and Community Activities

• Washington State Bar Association
• King County Bar Association
  • Member, Labor and Employment Section