professionalIMG

David Barmak

Member
202.585.3507
vCard
Washington, DC


Education

  • Georgetown University (JD)
  • State University of New York - Buffalo (BA)

Bar Admissions

  • District of Columbia
  • Maryland
  • New York
  • Virginia

David is an experienced trial lawyer and advisor to businesses and their executives, with particular focus on helping clients resolve employment and complex business disputes and negotiate executive employment arrangements. He is Chair of the firm’s Employment, Labor & Benefits Practice, and represents clients nationally.

David’s trial experience includes numerous jury and nonjury trials in both federal and state courts, as well as arbitrations. On employment law issues, he has represented clients in complex litigation involving employment discrimination, noncompetition agreement and trade secret issues, wage and hour (FLSA) compliance, employment contract disputes, and other matters. His litigation and trial experience relating to other complex business issues has involved disputes relating to technology licensing, contract interpretation, tax issues, insurance coverage and other insurance-related issues, partnership, shareholder, joint venture and other agreements, among many other issues.

In his role as an advisor to employers, David has provided counsel on a broad range of employment law-related issues, including employee training, personnel and other policies, wage and hour laws, WARN Act issues, internal investigations, dispute resolution policies and practices, bonus arrangements, and other matters. He also has frequently been involved in the negotiation and drafting of executive employment, separation, and related agreements on behalf of both publicly and privately held companies and their compensation committees, and senior executives across a broad range of industries, including financial services, health care and life sciences, retail and manufacturing, government contracting, and professional services.

In addition to leading the firm's Employment, Labor & Benefits Practice, David is a member of the firm's Litigation, Corporate & Securities, and Health Care Enforcement Defense practices, and has served on the firm's Policy Committee. He is also Chair of the firm’s Lateral Member Recruiting Committee.

David also has frequently written, lectured and been quoted on issues such as independent contractor vs employee status, post-employment breaches of fiduciary duties, employee versus independent contractor status, employment discrimination, alternative dispute resolution, and budgeting for litigation. He is also the editor of Mintz Levin’s Employment Matters blog.

Representative Matters

Employment-Related Litigation & Counseling

  • Represented the former president of a major manufacturing company in the successful defense of harassment allegations
  • Obtained an order compelling arbitration of individual wage claims and dismissing class action claims against a government contractor
  • Successfully resolved race discrimination claims against a national bottling company
  • Represented a Fortune 500 company in successfully resolving without liability retaliation and whistleblowing allegations under the False Claims Act and state law
  • Successfully defended a manufacturer against retaliation and whistleblower claims under the Food Safety Modernization Act (FSMA) and the Occupational Safety and Health Act (OSHA), resulting in a dismissal of the claims and a finding of no liability 
  • Successfully defended an FLSA (Fair Labor Standards Act) collective action in which, among other things, we were able to limit the number of opt-ins to only approximately 8% against typical rates of 15% – 30%
  • Represented numerous public and private company senior executives in connection with the drafting and negotiation of their employment agreements (including equity compensation arrangements)
  • Advised numerous public and private company senior executives on their separation agreements and packages
  • Developed Section 409A compliant executive employment agreements for the senior executives of a major New England hospital system and affiliated entities 

Complex Business Litigation

  • Representing purchasers of interests in tobacco escrow accounts relating to the allocation of responsibility for qualified settlement fund taxes
  • Successfully defended a title company against Freddie Mac’s attempt to add them to the list of excluded providers 
  • Represented a medical practice in the successful resolution of a dispute relating to the departure of an officer and shareholder
  • Successfully represented former shareholders in a suit to obtain disbursement to them of the balance of a contingent purchase price due under the terms of a stock purchase agreement
  • Successfully defended an accountant and an investment advisor on malpractice and ERISA fiduciary claims

Recognitions & Awards

  • Washington, D.C. Super Lawyers: Employment & Labor, Business Litigation, Alternative Dispute Resolution (2007, 2010 – 2013)
  • Virginia Super Lawyers: Employment & Labor, Business Litigation, Alternative Dispute Resolution (2006)
  • Martindale-Hubbell AV Preeminent
  • Member, Editorial Advisory Board, Employment Law 360 

Professional & Community Involvement

  • Fellow, Litigation Counsel of America (LCA)
  • Member, National Trial Lawyers Association 
  • Certified mediator, Institute for Conflict Management
  • Pro bono mediator, Civil Division of the Superior Court of the District of Columbia
  • Chair elect, American Academy of Alternative Dispute Resolution
  • Past Master of the Bench, William B. Bryant American Inn of Court, Washington, DC
  • Past faculty member, National Institute of Trial Advocacy, Georgetown University Law Center
  • Member, American Health Lawyers Association  
  • Member, American Bar Association (ABA)
  • Member, ABA Litigation Section
  • Member, ABA Labor and Employment Law Section