| Biography | David is Chair of the firm's Employment, Labor and Benefits Section, and practices in the Washington, D.C. office. He has extensive experience as a trial lawyer and advisor on a broad range of employment law and other issues. David has represented clients in complex litigation involving employment discrimination, non-competition agreements and trade secret issues, wage and hour (FLSA) compliance, employment contract disputes and other matters. David's trial experience includes numerous jury and non-jury trials in both federal and state courts, as well as arbitrations. His litigation and trial experience extends beyond employment law issues and includes other complex business issues, such as technology licensing disputes, insurance coverage and other insurance related issues, and partnership, shareholder, joint venture and other agreements. 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. David has recently assisted clients with the following: · Defended an FLSA 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% · Successfully represented former shareholders in a suit to obtain disbursement to them of the full amount due to them on a contingent payment · Successfully defended an accountant and investment advisor on malpractice and ERISA fiduciary claims. · Represented a public company and its compensation committee in connection with the negotiation and drafting of employment agreements for its CEO, COO, CFO and General Counsel, and template agreements for approximately a dozen other senior executives · Represented a public company's senior management (CEO, CFO, Executive VP and CIO) in connection with the drafting and negotiation of their employment agreements (including equity compensation arrangements) · Advised a Fortune 50 senior executive on her separation agreement and package In addition to leading the firm's Employment, Labor and Benefits Section, David is a member of the firm's Litigation Section and Corporate practice, and has served on the firm's Policy Committee. Based on a survey of his peers, David has been named as one of the area's Super Lawyers in employment and labor law in both Washington, D.C. (2007 and 2010) and Virginia (2006). He has also been selected as a Fellow in the Litigation Counsel of America (LCA), a trial lawyer honorary society that selects and invites Fellows after being evaluated on effectiveness and accomplishment in litigation and trial work along with ethical reputation, and as a member the American Trial Lawyers Association, an organization composed of individuals identified as among the Top 100 trial lawyers in their state. Finally, David is also certified as a mediator by the Institute for Conflict Management and serves pro bono as a mediator for the Civil Division of the Superior Court of the District of Columbia. 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 the editor of Mintz Levin's Employment Matters Blog and recently spoke on the "Ins and Outs of Arbitration," at the 2010 Fall Conference and Induction of Fellows for the LCA. David is also a past Master of the Bench of William B. Bryant American Inn of Court in Washington, D.C., and served for many years on the faculty of the National Institute of Trial Advocacy training program for trial lawyers, sponsored by the Georgetown University Law Center. He is admitted to practice in the District of Columbia, Maryland, Virginia and New York, as well as various federal courts, including the United States Supreme Court. He also is a member of the American Bar Association and its Litigation, and Labor and Employment Law Sections. David received his B.A., magna cum laude, from the State University of New York at Buffalo in 1973 and his J.D. from Georgetown University Law Center in 1976. Industries Health Care Information Technology Insurance Internet & e-Commerce Professional Services Telecommunications & Media |