David Barmak: Lawyer with Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

David Barmak


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AV® Preeminent

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Practice Areas

  • Employment
  • Labor & Benefits
  • Employment Litigation & Alternative Dispute Resolution
  • Executive Compensation
  • Litigation
  • Health Care Enforcement Defense
  • Affirmative Action
  • Employee Benefits & Executive Compensation
  • Defense of Employment Discrimination & Harassment Claims
  • Financial Services
  • Health Care
  • Life Sciences
  • Manufacturing
  • Nonprofits
  • Professional Services
  • Retail & Consumer Products
  • Sports
  • Arts & Entertainment
  • Technology
  • Communications & Media
Contact InfoTelephone: 202.585.3507
Fax: 202-434-7400
Internet: Each Attorney's Internet Address takes the following form: first initial, last name @mintz.com (e.g., rmintz@mintz.com)

University State University of New York - Buffalo, B.A.
Law SchoolGeorgetown University, J.D.
Admitted1976, District of Columbia and Virginia; 1982, Maryland; 1992, New York

Professional & Community Involvement
•fellow, Litigation Counsel of America, The Trial Lawyer Honorary Society
•Member, National Trial Lawyers Association
•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


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, including class and collective actions, 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 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, 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 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 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.

•Quoted in Supreme Court May Dilute EEOC's Aggressive Legal Strategy, Business Insurance (01.19.2015)
•Fifty-One Mintz Levin Attorneys Featured in Chambers USA 2014 Guide, (05.23.2014)
•Eleven Mintz Levin Attorneys Named Washington, DC Super Lawyers and Rising Stars, (04.25.2014)
•Quoted in HR Crucial in Protecting Companies from Whistleblowers Lawsuits, Attorneys Say, BNA's Health Care Fraud Report (05.29.2013)
•Featured in Q&A with David Barmak, Law360 (05.01.2013)
•Mintz Levin Attorney David Barmak to Present at 2013 Litigation Counsel of America Spring Conference & Induction of Fellows, (04.29.2013)
•Nine Mintz Levin Members Named Washington, D.C. Super Lawyers and Rising Stars, (04.29.2013)
•Quoted in Private FLSA Deals on Firmer Footing After NY Ruling, Law360 (03.06.2013)
•Featured in Law360 Employment Editorial Advisory Board, Law360 (02.11.2013)
•Five Mintz Levin Members Named Washington, D.C. Super Lawyers, (04.30.2012)
•Four Mintz Levin Members Named Washington, D.C. Super Lawyers, (04.11.2007)

Awards & Recognitions
Chambers USA: District of Columbia - Labor & Employment (2014)
Washington, D.C. Super Lawyers: Employment & Labor, Business Litigation, Alternative Dispute Resolution (2007, 2010 - 2014)
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)

•Co-author, Employment Matters Monthly, Recent Trends and Developments in Employment, Labor & Benefits Law (02.12.2015)
•Co-author, Employment Matters Monthly, (01.05.2015)
•Co-author, Employment Matters Monthly, (12.09.2014)
•Co-author, Employment Matters Monthly, (11.04.2014)
Employment Matters Monthly, (10.08.2014)
Employment Matters Monthly, Recent Trends and Developments in Employment, Labor & Benefits Law (09.04.2014)
•Co-author, Employment Matters Monthly, Recent Trends and Developments in Employment, Labor & Benefits Law (08.06.2014)
•Co-author, Employment Matters Monthly, Recent Trends and Developments in Employment, Labor & Benefits Law (07.01.2014)
•Co-author, Employment Matters Monthly, Recent Trends and Developments in Employment, Labor & Benefits Law (06.12.2014)
•Co-author, Class Arbitrations: An Endangered Species?, 6 Litigation Commentary & Rev. 23 (03.2014)
•Author, Supreme Court: Pharmaceutical Sales Reps Are Exempt from Overtime Pay Requirements Per FLSA'S Outside Sales Exemption, Employment, Labor & Benefits Alert (06.19.2012)
•Co-author, Health Care Industry Becomes a Target for Strict FLSA Compliance, Employment, Labor & Benefits Alert (04.21.2010)
•Author, Health Care Reform Amendments to FLSA Require Break Time and Private Place for Nursing Mothers to Express Milk, Employment, Labor & Benefits Alert (04.13.2010)

Speaking Engagements
•Speaker, Traps for the Unwary: The Impact of the False Claims Act on Start-Up and Venture-Stage Life Sciences Companies, The Impact of the False Claims Act on Start-Up and Venture-Stage Life Sciences Companies, Mintz Levin, Webinar (11.20.2013)
•Speaker, Employee Class Actions: Using ADR Provisions and Waivers to Mitigate Wage and Hour Class Action Risk, Mintz Levin, Webinar (10.30.2013)
•Speaker, Preventing Whistleblower Actions: Customizing an Effective Qui Tam Avoidance Program, Mintz Levin, Webinar (05.22.2013)
•Speaker, Current Trends in Alternative Dispute Resolution, 2013 Spring Conference & Induction of Fellows, Litigation Counsel of America, Newport Beach, CA (05.02.2013)
•Speaker, IRCA in the Workplace: The Employer's Guide, Webinar (12.07.2012)
•Ins and Outs of Arbitration, LCA Fall Conference, (10.2010)

Video Insights
David Barmak discusses two serious issues facing employers: class action suits and the loss of trade secrets.

Reported CasesRepresentative 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; 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; 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 clients in various industries in connection with the conduct of internal whistleblower and other investigations; Developed Section 409A compliant executive employment agreements for the senior executives of a major New England hospital system and affiliated entities

Documents by this lawyer on Martindale.com

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Sixth Circuit Decision Confirms that Employers May Lawfully Choose Not to Hire a Job Applicant with a Prior History as a False Claims Act Whistleblower
David Barmak, December 10, 2014
Some employers in the health care and other industries who regularly deal with the federal government and are subject to the False Claims Act (“FCA”) have felt helpless in trying to weed out serial whistleblowers in the hiring process. After all, most anti-retaliation provisions...

D.C. the Latest Jurisdiction to Ban the Box
David Barmak, September 19, 2014
The District of Columbia is on the verge of joining the 13 other states (and numerous cities and counties throughout the country) that have enacted “Ban the Box” laws prohibiting or limiting an employer from asking job applicant’s about their criminal record.

Maryland Court of Appeals: Contrary to Federal Court Rulings, Maryland Employees Are Eligible to Recover Treble Damages from Employers Failing to Pay Overtime
David Barmak, September 1, 2014
More bad news for employers: Maryland’s Court of Appeals (its highest court) has now put to rest any question about an employee’s right to recover treble damages in connection with an unpaid overtime claim.

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Office Information

David Barmak

701 Pennsylvania Avenue, N.W.
WashingtonDC 20004-2608


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