Dan C. Dümmar
Dan Dümmar is a shareholder at Beard St. Clair Gaffney. Clients trust Dan to provide aggressive and innovative solutions in both simple and complex matters. His practice focuses on the areas of Business and Employment Law, Health Care Law, Estate Planning, and Family Law. Dan’s practice includes both transactional and litigation work.
Dan received a Juris Doctorate degree from the University of Idaho and his Master’s Degree from Ohio University. Dan is licensed in Idaho, Utah, Wyoming, and with the Federal Ninth Circuit Court of Appeals. He is also an appointed Parenting Coordinator for the State of Idaho.
In addition to practicing law full-time, Dan teaches law part-time as an adjunct faculty member at Brigham Young University-Idaho.
In his personal life, Dan has been married for over 20 years. He has worked as a college soccer coach for Brigham Young University – Hawaii (NCAA). He enjoys a variety of sports and recreational activities.
Areas of Expertise
- University of Idaho, Juris Doctor 2001
- Ohio University, Masters 2013
- Idaho State University, BA 1998
Business and Employment Law Experience
- Business and Employment Laws encompass everyone in the workplace and the laws governing the employer/employee rights and privileges. Mr. Dümmar understands that the focus of a business owner should be to try to use these laws to their benefit, to improve culture, efficiency, and profit. These include, but are not limited to:
- Proper Policy Handbooks
- Discrimination (e.g. Harassment)
- Non-Compete Agreements
- Hiring, Firing, and Wrongful Termination
- Worker’s Compensation
- FMLA, FLSA, and the ADAAA
- ERISA (Employee Retirement Income Security Act)
- OSHA (Occupational Safety and Health Administration)
- Successfully advised and defended business owners involved in employment related issues involving discrimination, sexual harassment, workers compensation, termination and severance, non-compete agreements, FMLA disputes, and wrongful termination suits.
- Reviewed, drafted, and negotiated contractual agreements for the purchase of PLEKO (International Stucco Product whose main competitor was DRYVIT) from international business owners and advised clients on the transfer of ownership of formulas, recipes, works, processes, and other intangible property to his clients (purchasers).
- Strategically helped clients make innovative legal decisions to improve the bottom line, protect client’s assets from creditors, and improve the overall health of companies.
- Successfully navigated business owners through audits by the Federal Wage and Hour Division in a case involving over $500,000 in fines and penalties (2008).
- Successfully navigated business owners through major OSHA violations. He has negotiated with OSHA and been able to reach highly successful resolutions (2008).
- Successfully defended, as co-counsel, business owners against sexual harassment claims in Tampa Florida (2007).
- Successfully defended business owners against a Federal Wage and Hour audit. This audit attempted to reclassify 1099 independent contractors to W2 employees (2007-2008). Dan was able to help clients maintain 1099 status resulting in hundreds of thousands of dollars in payroll taxes.
Real Estate Law Experience
- Dan regularly represents clients in real estate matters, including purchases, sales, refinancing, gifts, boundary agreements, quiet title actions, adverse possession actions, short sale home mortgage representation, judicial and nonjudicial foreclosures, and time share cancellations.
- With respect to time share cancellations, we represent timeshare owners that are struggling to make payments or are victims of fraud. Many people have not calculated the true cost of owning a timeshare. Legitimate timeshare purchases do occur, but we understand that many times, the timeshare representatives/salesperson have to tell you material misrepresentations in order to get you to even consider making the purchase of their timeshare. We know that you rely on what they say on making the purchase, then you find out after the rescission period that it wasn’t like the representative/salesperson said it was.
Health Care Experience
- Represents health care providers (e.g. Physicians, Nurse Practitioners, Chiropractors, Dentists, Physician Assistants), small and large group practices navigate the complexity of health care law to maximize profit and limit exposure.
- Creates professional health entities, advised individual health care providers and entities on strategic business/employment decisions, advised physicians on mergers, reviewed physician agreements, and negotiated physician hospital privileges and contracts.
- Represents health care providers navigate their departure from existing practices and their entrance into new practices.
- Dan has helped clients start up health care facilities, such as assisted living centers and residential care facilities. He has taken the lead in providing business and legal advice in helping his clients fully comply with all entity creation requirements, statutory requirements, and Idaho Health and Welfare requirements for licensing of certified family homes, developmental disabilities agencies/Residential Habilitation, and residential care/assisted living facilities.
- He has provided ongoing advice to these health care professionals prepare for Health and Welfare audits and provided strategic planning.
- Dan owned an assisted living center for many years and consequently can provide a unique perspective on owning and growing a health care organizaiton. Having first hand experience as a business owner in this particular area, Dan understands the concerns, risks and complex realities of being successful in the health care industry.
- Teaches Medical Law and Ethics at Brigham Young University – Idaho each semester.
Estate Planning Experience
- Provides Fundamental Estate Planning, Long-term Care/Medicaid, Probate and Estate Administration, Charitable Planning, Special Needs Trusts, Estate Tax Planning, Business Succession, Asset Protection, Veterans Benefits, and Inheritance Planning.
- When the Idaho National Guard was activated in 2004, Dan provided fundamental Pro-Bono Estate Planning to Idaho soldiers leaving for Iraq.
- Dan owned an assisted living center for many years and understands the difficult realities that Alzheimer’s and Dementia can present to family members when proper estate planning measures have not been taken. Having first hand experience in this particular area of the business world, Mr. Dümmar understands how proper estate planning can secure a comfortable and peaceful life for loved ones when appropriate estate planning tools are used.
Family Law Experience
- Dan was recognized by the National Academy of Family Law Attorneys (NAFLA) as being one of the top ten family lawyers in Idaho (2014).
- “I work with high-net worth individuals to help them achieve a successful post-marital result that allows them to feel safe, comfortable, and secure. At the same time, I make every effort to protect their rights to their children so they can continue to lead healthy, productive, and confident lives.”
- Litigated and mediated cases for more than a decade. He has successfully litigated issues and/or negotiated settlements involving complex divorce and financial matters, custody, support, division of property, international and domestic adoptions, and termination of parental rights. While his experience includes all facets of family law, his family law practice is focused on the needs of wealthy divorcing individuals and the complex financial issues regarding their estates, business interests, and custodial rights.
- Experience with the Hague Convention and has experience in multi-jurisdictional and international support, valuation, custody, and enforcement matters. He has a variety of international family law clients and has been consulted on matters involving parties’ interests in various states, as well as foreign nations such as Australia, Brazil, Canada, Ecuador, Haiti, Italy, Mexico, Sweden, and Thailand.
- Board of director and advisory board experience sitting on international non-profit companies that own and operate overseas orphanages. He provides legal advice and support to families and companies regarding international adoptions.
Dan has extensive litigation experience. He has represented clients in court, both civilly and criminally, for well over a decade.
- Successfully tried a multi-week federal trial involving RICO. All claims against Mr. Dümmar’s client were dismissed.
- Retained as litigation counsel in the Tamarack Foreclosure case in Valley County Idaho. With an estimated foreclosure action of over two hundred and fifty million dollars ($250,000,000), this is one of the largest construction lien foreclosure cases in Idaho history.
- Successfully represented multimillion-dollar security Alarm Company seeking to defend itself against a non-compete lawsuit.
- Successfully represented nationwide construction company, as lead counsel, in construction defect case(s) involving Exterior Insulation Finish System (EIFS) – multimillion-dollar projects (e.g. luxury and high-rise hotels).
- Successfully defended nationwide construction company over multi-million dollar construction defect claims due to discoloration of synthetic stucco in hundreds of single-family homes in the Magic Valley.
- Successfully defended company over copyright violation due to pictures being posted to a website for advertisement purposes.
- Successfully sued Fremont County and settled a federal civil rights case (42 U.S. Code § 1983) over police brutality (e.g. an officer was alleged to have attacked Mr. Dümmar’s client, while his client was handcuffed in the back seat of a police car) See Link – Channel 3 KIDK News – https://www.youtube.com/watch?v=AepCwse_lIE
- Successfully obtained dismissal of felony charges at the jury trial stage.
- Successfully obtained dismissal of felony charges at the preliminary hearing stage with all charges being dismissed.
- Successfully obtained dismissal of DUI charges.
- Successfully obtained dismissal of felony and misdemeanor drug charges.
- Successfully obtained dismissal of felony and misdemeanor domestic violence charges.
Executive/In-House Legal Experience
- Directed the Human Resources department for a professional management company with responsibility over 450 exempt and non-exempt employees at multiple office locations from Florida to Texas and the Pacific Northwest.
- Developed and established performance management, progressive discipline policy, recruitment policy guidelines, performance reviews, learning competencies, OHSA safety training, and peak efficiency metric ratings.
- Developed HR grassroots programs to link field units with headquarters and expand corporate headquarter vision to all field offices.
- Expanded internal training initiative and improved leadership and incentive based reward program.
- Re-drafted employment handbook (policy and procedure).
- Streamlined and updated FMLA policies.
- Effectively dealt with discrimination claims.
- Effectively prepared for and successfully navigated business owners through audit by the Federal Wage and Hour Division.
- Handled employment related complaints and lawsuits.
- Negotiated settlement packages.
- Negotiated termination and severance packages.
- Negotiated non-compete agreements.
- Introduction to Medical Law and Ethics, Brigham Young University-Idaho, Rexburg, Idaho (2014).
- Privacy Law and HIPAA, Brigham Young University-Idaho, Rexburg, Idaho (2014).
- Medical Marijuana in the United States, Brigham Young University-Idaho, Rexburg, Idaho (2014).
- Working in Health Care, Brigham Young University-Idaho, Rexburg, Idaho (2014).
- Professional Liability and Medical Malpractice, Brigham Young University-Idaho, Rexburg, Idaho (2014).
- At Will Employment in Idaho, Brigham Young University-Idaho, Rexburg, Idaho (2014).
- Family Law and the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA), Beard St. Clair Gaffney, P.A., Rexburg, Idaho (2013).
- Defenses to Liability Suits in Health Care, Brigham Young University-Idaho, Rexburg, Idaho (2013).
- Assisted Suicide and the Right to Die, Brigham Young University-Idaho, Rexburg, Idaho (2013).
- National Letters of Intent and the NCAA, Brigham Young University-Idaho, Rexburg, Idaho (2013).
- Medical Marijuana in the United States, Brigham Young University-Idaho, Rexburg, Idaho (2013).
- Medical Records and Informed Consent, Brigham Young University-Idaho, Rexburg, Idaho (2013).
- Physician’s Public Duties and Responsibilities, Brigham Young University-Idaho, Rexburg, Idaho (2013).
- Workplace Legalities, Brigham Young University-Idaho, Rexburg, Idaho (2013).
- FMLA Updates, Beard St. Clair Gaffney, Rexburg, Idaho (2012).
- Law, the Courts, and Contracts, Brigham Young University-Idaho, Rexburg, Idaho (2012).
- Death and Dying, Brigham Young University-Idaho, Rexburg, Idaho (2012).
- The Civil and Criminal Court System, Brigham Young University-Idaho, Rexburg, Idaho (2012).
- Patient Protection and Affordable Care Act: What it means for Employers and Employees, Red Lion, Pocatello and Idaho Falls (2012).
- Health Care Trends and Forecasts, Brigham Young University-Idaho, Rexburg, Idaho (2011).
- The Health Insurance Portability and Accountability Act, Brigham Young University-Idaho, Rexburg, Idaho (2010).
- Idaho Business Practices and the Limited Liability Company, Red Lion, Pocatello and Idaho Falls, 2010. The Americans with Disabilities Act and the new ADAA, Red Lion, Pocatello and Idaho Falls (2009).
- Sexual Harassment in the Work Place: Acting the way your mother would want you to, DIA Professional Management, Tampa Bay, Florida (2008).
- Reaching Peak Efficiency Rating, DIA Professional Management, Boise, Idaho (2008).
- Human Resource Policies and Procedures Manuals for Large Nationwide Construction Companies, DIA Professional Management, Tampa Bay, Florida (2008).
- Construction Defect Cases in Synthetic Stucco, DIA Professional Management, Boise, Idaho (2008).
- Lien Rights in Idaho, DIA Professional Management, Boise, Idaho (2008).
- Lien Rights for Federal Projects (Contracts), DIA Professional Management, Boise, Idaho (2008).
- Mr. Dümmar successfully sued Fremont County and settled a federal civil rights case (42 U.S. Code § 1983) over police brutality (e.g. an officer was alleged to have attacked Mr. Dümmar’s client, while his client was handcuffed in the back seat of a police car) See Link – Channel 3 KIDK News [ https://www.youtube.com/watch?v=AepCwse_lIE ]
- Idaho State & Federal Bar
- Litigation Sections
- Business & Employment Sections
- Health Law Section
- Estate Planning Section
- US Court of Appeals, 9th Circuit
- Utah State & Federal Bar
- Wyoming State & Federal Bar
- Appointed Parenting Coordinator for the State of Idaho
- American Society for Training and Development (ASTD)
- National Academy of Family Law Attorneys (NAFLA)
- J. Reuben Clark Law Society
- Beard St. Clair Gaffney PA
- 2009 to Present
- Brigham Young University-Idaho
- Part-Time Faculty
- 2007 to Present
- DIA Professional Management
- Human Resource Director & In-House Counsel (nationwide)
- 2005 to 2009
- Law Firm of Forsberg and Dummar, Chtd.
- 2001 to 2005