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


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 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 an advisor to employers, 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 financial services, health care and life sciences, retail and manufacturing, government contracting, 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 independent contractor vs employee status, 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'sEmployment Mattersblog.


• 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 inHR Crucial in Protecting Companies from Whistleblowers Lawsuits, Attorneys Say,BNA's Health Care Fraud Report (05.29.2013)

• Featured inQ&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 inPrivate FLSA Deals on Firmer Footing After NY Ruling,Law360 (03.06.2013)

• Featured inLaw360 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)

Recognitions & Awards

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 MattersMonthly,Recent Trends and Developments in Employment, Labor & Benefits Law (07.01.2014)

• Co-author,Employment MattersMonthly,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 Manufacturers, Distributors, Private Labelers, and Retailers,Employment, Labor & Benefits Alert (02.09.2009)

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)

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; 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 numerous public and private company senior executives in connection with the drafting and negotiation of their employment agreements (including equity compensation arrangements) and their separation agreements and packages; 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 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

Documents by this lawyer on Martindale.com

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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.

Sixth Circuit Court of Appeals Decision another Victory For Employers Seeking to Avoid Class Actions
David Barmak,Brandon T. Willenberg, November 14, 2013
Just last week Mintz Levin presented a webinar on how employers can use arbitration agreements as a tool to avoid exposure to wage and hour and other class actions. The thesis of the webinar was that recent Supreme Court and court of appeals rulings have consistently demonstrated that the Federal...

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Office Information

David Barmak

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


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