David represents unionized and non-unionized employers ranging from Fortune 500 companies to high-tech start ups in every imaginable labor and employment related scenario. In addition to utilizing his deep knowledge of the law, David aims to provide each client with individualized service. In resolving disputes and providing advice, David always considers the unique culture and business of his clients. David focuses his practice on resolving employment disputes through litigation, arbitration, and mediation. He also counsels clients regarding matters including hiring and firing decisions, severance agreements, employee handbooks, employee discipline, wage and hour laws, and compliance with state and local statutes, regulations, and case law. Recognizing the needs of both the past and present employer in such situations, David has developed extensive experience representing clients in connection with confidentiality agreements, covenants-not-to-compete, non-solicitation agreements and the misappropriation of trade secrets. David also has an active "traditional" labor law practice. He represents employers in all facets of the management-union relationship, including negotiations and collective bargaining, elections, arbitrations, and unfair labor practice charges.
· "Job Cuts From Sequester Could Be Expensive," quoted, CNBC, February 26, 2013.
· "Mandatory Flu Vaccines: What Employers Need to Know," quoted, Human Resource Management: Ideas & Trends, February 6, 2013.
· "Sick-Leave Policies for Flu Season and Beyond," quoted, SHRM, January 31, 2013.
· "Staffing for Flu Influx: Hospitals Feel Prepared for Surge," quoted, Modern Healthcare, January 19, 2013.
· "Beyond Twinkies: Why More Workers Are Striking," quoted, CNBC, November 16, 2012.
· "How AT&T Stripped Exotic Dancers' Rights," co-author, Law360, September 13, 2011.
· "Documenting the Hiring Process," co-author, Drafting Employment Documents in Massachusetts, Chapter 1, MCLE, Inc., February 8, 2010.
· "Top 10 Do's and Don'ts for Supervisors," speaker, 59th Annual New England Press Association Convention, February 2009.
· David has represented multiple employers in defending against wage and hour class actions dealing with issues concerning tips, gratuities, service charges, overtime, employee classification, meal breaks and minimum wage. Developing an aggressive, targeted strategy from the onset of the case, David has successfully defeated class certification motions and has worked to reach early, nominal settlements in an attempt to save the time and expense of litigation.
· David has developed an impressive win-loss record in first-chairing disciplinary and contract interpretation labor grievance arbitrations on behalf of several of the country's most renowned telecommunications and hospitality employers.
· David successfully led the defense of a Fortune 100 company in one of the most document intensive sexual harassment cases the client had ever witnessed, negotiating a nominal settlement on the eve of trial.
· David quarterbacked a client's response to a high profile employee raiding campaign by a competitor, starting with a letter writing campaign, and ultimately aggressive short term litigation, leading to a monetary settlement and end to the activity.
· David has advised numerous clients regarding labor and employment issues arising in transactional matters, such as mergers, acquisitions and sales of businesses/business units.
Awards & Recognition
· Named a Rising Star in Employment & Labor and Business Litigation by Super Lawyers, 2010-2013
Other Personal Background Information and Interests
· David "relaxes" by experiencing - ideally, in person -- the ups and downs of his beloved Red Sox, Patriots, Celtics, Bruins and Virginia Cavaliers. He has brought his skills of identifying bluffing witnesses to the poker table, having achieved success in multiple Texas Hold 'Em World Series of Poker events in Las Vegas.
· Labor Relations
· Litigation; Employment Litigation Prevention and Defense
· Wage and Hour Compliance and Litigation