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.
• 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 , (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)
•Co-author, The Increased Use of Social Networking Websites and the Importance of a Social Networking Policy for Your Workforce , Employment, Labor & Benefits Alert (10.05.2009)
•Co-author, H1N1 Flu Readiness: A Summary of Employment-Related Concerns , Employment, Labor & Benefits Alert (05.06.2009)
•Co-author, Employers May Benefit from Supreme Court Decision Upholding Arbitration Requirements , Employment, Labor & Benefits Alert (04.06.2009)
• Consumer Product Safety Improvement Act Creates New Whistleblower Rights Affecting Manufacturersa's Distributorsa's Private Labelersa's and Retailers , Employment, Labor & Benefits Alert (02.09.2009)
• 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)