David Barmak
Member / Chair Emeritus, Employment, Labor & Benefits Practice
+1.202.585.3507
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.
viewpoints
With DOL’s OT Rule Blocked, Employers Are Left Asking “What’s Next?”
November 23, 2016 | Blog | By David Barmak
BREAKING NEWS: New Overtime Rule Derailed; Will not Take Effect on December 1.
November 22, 2016 | Blog | By David Barmak
The DOL Releases Its Final Rule Updating the FLSA White-Collar Overtime Regulations
May 18, 2016 | Blog | By David Barmak, Jill Collins
Trade Secrets Going Federal: President Obama Signs into Law Landmark Defend Trade Secrets Act Requiring Immediate Action by All Employers
May 13, 2016 | Alert | By David Barmak, Rich Gervase
Have You Reviewed your Employee Handbook for Affordable Care Act Compliance?
May 4, 2016 | Blog | By Patricia Moran
Innocents Abroad: Employment Agreements for Employees Working In High Risk Countries
May 4, 2016 | Blog | By David Barmak, Alta Ray
The Supreme Court’s Tyson Foods Ruling and Employee Class Actions
March 28, 2016 | Alert | By Michael Arnold, Kevin McGinty, David Barmak
Taking an Evidentiary Approach, the Supreme Court Rules that Employees Can Use Representative Samples to Establish Classwide Liability and Damages, But It Leaves Open Question of Whether Classes Can Include Uninjured Class Members
March 24, 2016 | Blog | By Kevin McGinty, David Barmak, Brent Douglas
Court Enforces Arbitration Agreement and Requires Employees to Arbitrate FCA Claims
August 11, 2015 | Blog | By Brian Dunphy
Court Enforces Arbitration Agreement, Requiring Employees to Arbitrate Whistleblower Claims
August 5, 2015 | Blog | By David Barmak
News & Press
Citrix Telemarketing Row Stayed For High Court TCPA Ruling
April 24, 2020
Mintz Recognized by Chambers USA 2019
April 26, 2019
Chambers USA 2018 Ranks Mintz Attorneys & Practices
May 03, 2018
Mintz Represents Seventh Generation, Inc. in Sale to Unilever
October 27, 2016
Mintz Expands Employment, Labor & Benefits Capabilities in Boston
October 24, 2016
How to Find a Trustworthy Employment Attorney
March 16, 2016
Tyrone P. Thomas Elevated to Member of Mintz
May 18, 2015
Events & Speaking
Preparing for the New Workplace Paradigm: A Roadmap for Employers in the Time of COVID-19
View the Webinar Recording
27th Annual Nonprofit Finance & Accounting Symposium
GWSCPA
DC Convention Center 801 Mt Vernon Pl NW, Washington, DC 20001
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
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 – 2023)
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
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