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

Bar Admissions

  • District of Columbia
  • Maryland
  • New York
  • Virginia
  • United States Court of Appeals for the District of Columbia Circuit
  • United States Court of Appeals for the Eleventh Circuit
  • United States Court of Appeals for the Fourth Circuit
  • United States District Court for the District of Columbia
  • United States District Court for the District of Maryland
  • United States District Court for the Eastern District of New York
  • United States District Court for the Eastern District of Virginia
  • United States District Court for the Southern District of New York
  • United States District Court for the Western District of Virginia
  • United States Supreme Court

David is an experienced trial lawyer and advisor to businesses and their executives on a broad range of employment law and HR issues. He is Chair of the firm’s Employment, Labor & Benefits Practice, and represents clients nationally. Clients also regularly turn to David for help with other complex business issues.

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, including class and collective actions. 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.

As a trusted advisor to companies and their executives, 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 in both the for profit and not-for-profit sectors, and senior executives across a broad range of industries, including health care and life sciences, government contracting, staffing and outsourcing, retail and manufacturing, financial services, 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 Sports Law Practices, and its Health Care Enforcement Defense, Wage & Hour Litigation, Employee Mobility, and Staffing & Outsourcing Industry practice groups. He also has  served on the firm's Policy Committee.

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, and budgeting for litigation. He is also co-editor of Mintz Levin’s Employment Matters blog.


Representative Matters

Employment-Related Litigation & Counseling

  • Prevailed at trial on behalf of a federal government contractor accused of defaming an employee, adversely impacting the employee’s security clearance
  • Obtained summary judgment in favor of “fast casual” restaurant group on retaliation claim
  • Conducted an internal investigation of an executive’s alleged sexual harassment of various employees
  • Represented the former president of a major manufacturing company in the successful defense of harassment allegations
  • 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 Fortune 500 company in successfully resolving without liability retaliation and whistleblowing allegations under the False Claims Act and state law
  • Represented a financial services firm in the successful resolution of trade secret claims against a former employee
  • Represented a clinical lab in the successful resolution of trade secret and breach of duty claims against ex-employees
  • 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

  • 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 regional 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
  • Successfully defended an accountant and an investment advisor on malpractice and ERISA fiduciary claims

Recognitions & Awards

  • Chambers USA: District of Columbia – Labor & Employment (2014 – 2017)
  • Washington, D.C. Super Lawyers: Employment & Labor, Business Litigation, Alternative Dispute Resolution (2007, 2010 – 2017)
  • Virginia Super Lawyers: Employment & Labor, Business Litigation, Alternative Dispute Resolution (2006)
  • Martindale-Hubbell AV Preeminent
  • Member, Editorial Advisory Board, Employment Law 360 (2013 and 2014)

Professional & Community Involvement

  • Senior Fellow, Litigation Counsel of America, The Trial Lawyer Honorary Society
  • Chair, American Academy of Alternative Dispute Resolution
  • Certified mediator, Institute for Conflict Management
  • 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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