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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 nonemployment 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, noncompete 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, nonprofits 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 noncompete.
  • 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 noncompete obligations.
  • Obtained summary judgment in favor of "fast casual" restaurant group on retaliation claim, which was upheld in US 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 health care 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 nonperforming 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

The Supreme Court's historic ruling in Wal-Mart v Dukes will make it more difficult for plaintiffs to pursue actions against employers on behalf of nationwide and other broad classes of employees. Read an excellent analysis of the decision here.
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As recently reported in Employment Law 360 (subscription required), the EEOC sued US Steel alleging that certain of its alcohol testing practices violate the Americans with Disabilities Act.
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Supreme Court decides City of Ontario v Quon

June 18, 2010 | Blog | By David Barmak

See this interesting write-up of the Supreme Court's decision in the text message privacy case, City of Ontario v Quon.
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See this recent Mintz Levin advisory answering some "FAQs" on health care reform's impact on employee benefits.
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Health care reform impacts employers in many significant ways. While the effects of reform on insurance coverage and other requirements have been widely publicized, much less well-understood are various amendments to the Fair Labor Standards Act (FLSA).
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The Second Circuit Court of Appeals recently reversed an order of summary judgment for JetBlue Airways Corp. on a former employee’s sexual harassment claim in Gorzynski v. JetBlue Airways Corp.
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This alert talks about a recent decision by the Supreme Judicial Court of Massachusetts, which awarded Astra Zeneca about $7 million in salary and bonuses paid to its former CEO. The CEO had engaged in a long standing pattern of harassing female employees.
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Both before and after the November 2008 Presidential and Congressional elections, legal pundits issued dire warnings that an Obama Presidency and a filibuster-proof Democratic Congress would result in a flurry of new, employee-friendly legislation.
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In a surprising number of cases, we’ve come across a situation where an employment agreement with original signatures, or some other important document, has gone missing. While a copy will sometimes suffice, a recent New York case highlights the importance of having an effective system for maintaining critical employment-related documents.
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The recent decision of the United States Court of Appeals for the Second Circuit in Halpert v. Manhattan Apartments, Inc. illustrates yet another risk for employers who engage independent contractors to work for them and provides a reminder that an employer may be liable for the discriminatory conduct of independent contractors.
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News & Press

Press Release Thumbnail Mintz

Mintz is pleased to announce that 143 attorneys were recognized in the 2027 editions of The Best Lawyers in America and Best Lawyers: Ones to Watch® in America. The firm had 104 attorneys recognized in Best Lawyers and 39 recognized in Ones to Watch. In addition, four Mintz attorneys received the prestigious “Lawyer of the Year” designation, an honor awarded to only one attorney per practice area and geographic region.

Press Release Thumbnail Mintz

187 Mintz attorneys have been recognized by Best Lawyers® in the 2025 edition of The Best Lawyers in America©. Notably, three Mintz attorneys received 2025 “Lawyer of the Year” awards, and 64 firm attorneys were included in the 2025 edition of Best Lawyers: Ones to Watch.

Press Release Thumbnail Mintz

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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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

  • Best Lawyers in America: Litigation – Labor and Employment (2021 – 2027); Employment Law – Individuals (2023 – 2027) 

  • Chambers USA: District of Columbia – Labor & Employment (2014 – 2025)

  • 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