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David Barmak

Member / Chair Emeritus, Employment, Labor & Benefits Practice

[email protected]

+1.202.585.3507

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David is an experienced trial lawyer and trusted advisor to businesses and their executives on a wide range of issues, with a focus on employment law and HR matters. He has litigated hundreds of cases in federal and state courts and arbitrations nationwide. David is devoted to helping clients accomplish their compliance, risk reduction, and employee relations objectives. 

As a trial lawyer, David has handled cases involving a broad range of disputes such as employment discrimination, whistleblower and other retaliation claims, noncompetition agreements and trade secret issues, wage and hour (FLSA) compliance, class and collective actions, and employment contract disputes. Clients have also regularly looked to David to litigate disputes involving a broad range of non-employment issues, including contract, partnership, shareholder, technology, and outsourcing.

As a trusted advisor, David has helped clients across many industries to reduce employment practices risks and adopt best practices, relating to wage and hour laws, employee leave laws, internal investigations, dispute resolution policies and practices, non-compete and trade secret issues, employee training, personnel and other policies, and WARN Act issues and other matters. He also is frequently involved in the negotiation and drafting of executive employment, separation, and related agreements.

David's clients include publicly and privately held companies, non-profits and trade associations, and their executives in a broad range of industries, including:

  • Health care and life sciences
  • Consulting and professional services
  • Financial-services
  • Defense and security
  • Telecom
  • Hospitality, including hotels and restaurants
  • Technology
  • Government Contracting
  • Staffing and outsourcing
  • Professional sports

David chaired the firm’s Employment Practice for more than a decade. He has been recognized as a leading lawyer by several publications including Chambers USA, in which clients interviewed had these comments about David: “a superior lawyer who is very knowledgeable and attentive” and "unbelievably responsive and timely... His advice is very, very well informed but also highly tuned to the needs of the business". In addition, he has been recognized by Best Lawyers in Labor and Employment litigation and by Super Lawyers, which in 2021 identified David as one of the District of Columbia's "Top 100" lawyers.

David also has frequently written, lectured, and been quoted on issues such as class action risk mitigation, use of arbitration agreements and class action waivers, post-employment breaches of fiduciary duties, employee versus independent contractor status, employment discrimination, alternative dispute resolution, trial practice, and budgeting for litigation.

David is an experienced trial lawyer and trusted advisor to businesses and their executives on a wide range of issues, with a focus on employment law and HR matters. He has litigated hundreds of cases in federal and state courts and arbitrations nationwide. David is devoted to helping clients accomplish their compliance, risk reduction, and employee relations objectives. 

Experience

Employment-Related Litigation & Counseling

  • Won an arbitration on behalf of a consulting firm sued by an executive claiming discrimination and termination in breach of his employment and other agreements with the firm.
  • Prevailed at trial on behalf of a federal government contractor accused of defaming an employee, adversely impacting the employee's security clearance.
  • Won an arbitration for a healthcare company executive enforcing his severance agreement and defeating claims he violated his non-compete.
  • Won an arbitration for a consulting services firm sued by a former executive for millions of dollars in severance, equity and other payments, in which the executive’s claims were denied in full, and the firm won lost profits for his competition in violation of his non-compete obligations.
  • Obtained summary judgment in favor of "fast casual" restaurant group on retaliation claim, which was upheld in U.S. Court of Appeals.
  • Conducted for a client's Board of Directors an internal investigation of an executive's alleged sexual harassment of various employees.
  • 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%.
  • Obtained an order compelling arbitration of individual wage claims and dismissing class action claims against a government contractor.
  • Represented a financial services firm in the successful resolution of trade secret claims against a former employee.
  • Represented a laboratory in pursuit of five former employees who became employed by a competitor on trade secret misappropriation, breach of fiduciary duty, use of confidential information to solicit our client's customers and other claims.
  • 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.
  • Developed executive employment agreements for the senior executives of a major New England hospital system and affiliated entities.

Complex Business Litigation

  • Won a defense verdict in a federal court jury trial for our client, a healthcare company sued for millions of dollars in claimed commission dispute.
  • 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.
  • Assisted a restaurant group (an LLC) in ousting a non-performing member.
  • 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.
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viewpoints

Maryland was one of the first states to implement a pay transparency law in 2020, and now it joins several states in broadening that law to require employers to disclose a wage range for open positions (Washington, D.C.’s pay transparency law, for example, which we wrote about here will become effective on June 30, 2024).  Since 2020, employers in Maryland have been required to provide, when requested by an applicant, the wage range for the position to which the applicant applied. Maryland will now require employers to proactively disclose in their public and internal job postings the wage range for the position. Maryland’s new law will go into effect on October 1, 2024.

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Mayor Bowser recently signed into law D.C.’s Wage Transparency Omnibus Amendment of 2023.  The new law expands the existing wage transparency law in two important ways.

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Read Mintz’s comprehensive analysis of OSHA’s Emergency Temporary Standard pertaining to workplace COVID-19 vaccination and testing requirements for employers with 100 or more employees.
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As new developments occur with the Delta variant, employers must adapt their return to office (RTO) plans to comply with fluctuating CDC guidance, state and local requirements, and employee expectations.
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The Biden Administration yesterday unveiled its Path out of the Pandemic – a six-pronged plan designed to further combat COVID-19.
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Mintz’s Annual Employment Law Summit brought together thought leaders to discuss the most pressing issues employers are facing in today’s unprecedented work environment. Attendees heard presentations on the continued impact of COVID-19; social justice and diversity, equity and inclusion initiatives; recent and anticipated changes to employment laws; and best practices for managing sensitive employee situations.
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The District of Columbia Council has passed the Ban On Non-Compete Agreements Amendment Act of 2020 (“the Act”). If it goes into effect (and we are monitoring closely whether it will), it will almost entirely ban non-compete agreements in D.C., prohibiting employers from restricting an employee’s employment by a competitor and giving D.C. the distinction of joining California, North Dakota, and Oklahoma, with one of the broadest statutory bans of non-compete agreements in the United States.
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News & Press

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Mintz is pleased to announce that 120 firm attorneys have been recognized as leaders by Best Lawyers® in the 2024 edition of The Best Lawyers in America©.

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BOSTON – Mintz has earned top rankings in the 2023 edition of Legal 500 United States guide. The firm is recognized in 14 practice categories, and 59 individual attorneys are also recognized in the guide, some in more than one category.

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BOSTON –Mintz announced today that 39 of its practices and 81 of its attorneys earned recognition in the 2023 edition of Chambers USA, a guide to the country’s leading law firms.

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WASHINGTON, DC – Mintz is pleased to announce the inclusion of five Members to the 2023 Washington, D.C. Super Lawyers list.

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Best Lawyers® recognized 108 firm attorneys in the 2023 edition of The Best Lawyers in America©. Notably, two Mintz attorneys – Poonam Patidar and Scott M. Stanton – received 2023 “Lawyer of the Year” awards, and 28 firm attorneys were included in the inaugural edition of Best Lawyers: Ones to Watch.

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Mintz Member and Chair Emeritus of the firm’s Employment, Labor & Benefits Practice David Barmak authored a Bloomberg Law Insights Column to discuss the different approaches employers can take to hybrid work arrangements and the potential legal and HR issues that may arise, including taxes, performance management, and workplace safety.
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Law360 reported that a Mintz litigation team won a Motion to Stay on behalf of its client, software provider Citrix, in a putative class action case alleging that the company conducted illegal telemarketing calls. The decision will put the case on hold to await the U.S. Supreme Court’s decision in Barr v. American Association of Political Consultants Inc., in which oral arguments are scheduled to take place remotely on May 6.
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Mintz partner and Massachusetts lawyer Julie Korostoff is one of 49 attorneys recognized as “Leaders in Their Fields” by the 2018 Chambers USA: America's Leading Lawyers for Business guide. Chambers named Korostoff a “Recognized Practitioner” in Technology.
Mintz is pleased to announce that eight attorneys have been named Washington, D.C. Super Lawyers for 2018 and three others have been named Washington, D.C. Rising Stars. The annual publication identifies lawyers who have attained a high degree of peer recognition and professional achievement.
Eight Mintz attorneys have been named Washington, D.C. Super Lawyers for 2017 and four have been named Washington, D.C. Rising Stars. The list will be published in a special advertising supplement in The Washington Post Magazine and in a stand-alone magazine, Washington D.C. Super Lawyers Magazine.
Mintz attorneys represented Seventh Generation, Inc. in its recent sale to Unilever. Based in Vermont, Seventh Generation is a pioneer in corporate responsibility and sustainable product innovations, including plant-based detergents and household cleaners.
Mintz has bolstered its Employment, Labor & Benefits Practice with the addition of Kate Beattie, who returns to the firm from global IT services company NTT DATA, Inc. Ms. Beattie served as a Mintz Associate from 2006-2013 and re-joins as a Member in the Boston office.
Firm’s National Healthcare Practice, NY Corporate/M&A and Litigation: General Commercial Among Newest Rankings
Mintz Employment, Labor & Benefits Member David Barmak is quoted in this Marketplace article on the Department of Labor’s final rule regarding white collar worker eligibility for overtime pay.
David Barmak is quoted in this Society for Human Resource Management discussing whether the Equal Employment Opportunity Commission should be held accountable for the $4.7 million legal bill resulting from its bringing a sexual harassment case against a trucking company, CRST Van Expedited Inc.
Mintz Employment, Labor & Benefits Member David Barmak is quoted in this Society for Human Resource Management article on how human resources departments can go about selecting the right employment law representation for their company.  
The 2015 Chambers USA: America's Leading Lawyers for Business guide names 52 Mintz, Cohn, Ferris, Glovsky and Popeo, P.C.  attorneys as “Leaders in Their Fields.”
Seven Mintz attorneys have been named Washington, D.C. Super Lawyers for 2015 and five have been named Washington, D.C. Rising Stars. The list will be published in a special advertising supplement in Washington Post Magazine and in a stand-alone Washington D.C. Super Lawyers Magazine.
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Events & Speaking

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Apr
30
2019
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Dec
2
2015

27th Annual Nonprofit Finance & Accounting Symposium

GWSCPA

DC Convention Center 801 Mt Vernon Pl NW, Washington, DC 20001

Speaker
Apr
29
2015

Spring Membership Meeting DC's Wage Theft Prevention Act

Greater Washington Society of Certified Public Accountants

Greater Washington Society of CPAs - Conference Facilities 2000 M Street, NW, Level B Washington, DC 20036

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David is an experienced trial lawyer and trusted advisor to businesses and their executives on a wide range of issues, with a focus on employment law and HR matters. He has litigated hundreds of cases in federal and state courts and arbitrations nationwide. David is devoted to helping clients accomplish their compliance, risk reduction, and employee relations objectives. 

Recognition & Awards

  • Featured in Best Lawyers in America, Litigation - Labor and Employment (2021 - 2024), Employment Law - Individuals (2023 - 2024) 

  • Chambers USA: District of Columbia – Labor & Employment (2014 – 2024)

  • Washington, D.C. Super Lawyers: Employment & Labor, Employment Litigation: Defense, Business Litigation, Alternative Dispute Resolution List (2007, 2010 – 2024)

  • Included in the Top 100 List of the Washington, D.C. Super Lawyers (2021)

  • Legal 500 United States: Workplace and Employment Counseling (2022-2023)

  • Martindale-Hubbell AV Preeminent

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David is an experienced trial lawyer and trusted advisor to businesses and their executives on a wide range of issues, with a focus on employment law and HR matters. He has litigated hundreds of cases in federal and state courts and arbitrations nationwide. David is devoted to helping clients accomplish their compliance, risk reduction, and employee relations objectives. 

Involvement

  • Senior Fellow, Litigation Counsel of America, The Trial Lawyer Honorary Society
  • Past Chair, International Academy of Alternative Dispute Resolution
  • Certified mediator, Institute for Conflict Management
  • Panel member, panel of arbitrators, American Health Lawyers Association
  • Pro bono mediator, Civil Division of the Superior Court of the District of Columbia
  • 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
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David Barmak

Member / Chair Emeritus, Employment, Labor & Benefits Practice

New York Washington, DC