David is the Deputy Practice Group Leader of the Firm's 40+ member Labor and Employment Group. David's practice encompasses litigation and counseling relating to Title VII, ADEA, ADA, Executive Order 11246, FLSA, litigation and counseling relations, ERISA, all federal and state employment laws, including litigation and counseling related to personnel manuals, employment contracts, employee benefits, non-competition agreements, whistleblowers, trade secret protections and other personnel matters. He is also very experienced in the defense of disability, life, and health insurance claims under ERISA and otherwise, as well as general civil rights litigation and constitutional torts.
Prior to joining Troutman Sanders, David clerked for Honorable Albert V. Bryan, Jr., United States District Judge for the Eastern District of Virginia from 1983-1984.
Honors and Other Distinctions
Recognized as one of America's Leading Lawyers for Business for Employment Law by Chambers USA (2004-2011).
Recognized in the Super Lawyers Corporate Counsel Edition for Employment & Labor (2008 and 2011).
Recognized in The Best Lawyers in America in Labor and Employment Law (2008-2012).
Named to Virginia Business magazine's Legal Elite in Labor and Employment Law (2001-2011).
Named a Virginia Super Lawyer in Employment & Labor Law (2006-2011) and selected as one of Super Lawyers Top 50 Lawyers in Virginia (2007, 2009).
Representative Experience
Allan v. WCI Communities, Inc., Civil Action No.: 3:99cv19 (E.D. Va. 1999) (obtained jury verdict for defendant real estate developer on the claim of plaintiff, the former chief financial officer, that the defendant had breached his employment agreement).
Martin v. Scott & Stringfellow, Inc., FINRA No. 06-01589, (2008) (defended securities broker-dealer in claim of wrongful termination for former commercial mortgage backed securities broker and prevailed after 3-day arbitration).
Ilozor v. Hampton University, 07-1463 (4th cir. 2008) (represented defendant in discrimination claims brought by former architecture professor and prevailed on summary judgment).
Cardiac Thoracic Surgical Assoc. v. Katz, et al. (Cir. Ct. City of Richmond 2007) (obtained dismissal of multi-court complaint alleging breach of non-compete and breach of fiduciary duty).
Spinner v. Anthem Healthcare, (W.D. Va. 2008) (obtained dismissal of 6-count ERISA complaint for healthcare benefits valued at $1.2 million).
Lester v. AREVA, 6:06cv15 (W. D. Va. 2008) (obtained summary judgment for employer and plan in claim for pension benefits).
Collier v. Gumenick Properties, CL08-424 (Henrico Cir. Ct. 2008) (obtained dismissal of multi-court sexual harassment claim).
Whitten v. Hartford Life Ins. Co., (4th Cir. 2007) (obtained judgment for Hartford in ERISA case applying de novo standard of review).
Dillon v. Anthem Healthcare, 7:07cv69 (W.D. Va. 2007) (obtained summary judgment in ERISA case seeking healthcare benefits).
Diggs, et al. v. Commonwealth Public Broadcasting, 3:03cv948 (E.D. Va. 2004) (obtained dismissal of collective action age discrimination claims prior to class certification).
O'Brien v. Scott & Stringfellow, Inc., 3:06cv213 (E.D. Va. 2006) (obtained dismissal of ADA claims benefit by investment banker).
Williams v. Scott & Stringfellow, Inc., 3:06cv202 (E.D. Va. 2006) (obtained dismissal of ADA claims brought by bond trader).
Ivey v. Armkel, LLC, 3:02cv938 (E.D. Va. 2003) (obtained dismissal of pregnancy discrimination claims brought by chemist against condom manufacturer).
White v. Town of Warrenton, (2007) (obtained verdict for Town from three-judge panel after administrative trial in wrongful discharge claim brought by police sergeant).
Lloyd v. Unum Life Ins. Co., 3:04cv 646 (E.D. Va. 2005) (obtained summary judgment for Unum in claim for ERISA benefits based on intestinal cystitis).
Thomas v. Independence Air, 3:05cv080 (E.D. Va. 2005) (obtained summary judgment for plan in ERISA case seeking benefits for gastric pacemaker).
Allen v. Unum Life Insurance Co., 2003 WL 22462382 (W.D. Va. 2003) (obtained summary judgment for defendant in ERISA claim for long term disability benefits).
Chanin v. Eastern Virginia Medical School, 20 Va. App. 487, 459 S.E.2d 523 (1995) (represented defendant in claim brought by doctor employee claiming she contracted multiple chemical sensitivity syndrome at work. Judgment for defendant after trial and prevailed on appeal).
Turf-Care v. Hall, Chancery No. CH98-1490 (Henrico County Circuit Court 2000) (obtained verdict for plaintiff in claim against former officer who had breached fiduciary duties and usurped corporate opportunities).
Chesapeake Ear, Nose & Throat, t/a Eastern Virginia Ear, Nose & Throat v. Pelausa, Chancery Number: CH00-702 (Chesapeake Circuit Court 2000) (obtained preliminary and permanent injunction against former physician based on his violation of covenant not to compete).
Hughes v. NationsBank of Virginia, N.A., Case No.: LX-2403-1 (Circuit Court of the City of Richmond 1995) (obtained summary judgment for the bank and individual defendants in race discrimination case).
Sales v. Grant, et al., Civil Action No.: 96-0027-L (W.D. Va. 2001) (obtained jury verdict for two former assistant voting registrars for the City of Lynchburg in a case alleging that they were not reappointed to their positions because of their political affiliation), see also 158 F.3d 768 (4th Cir. 1998) and 224 F.3d 293 (4th Cir. 2000).
Arnold v. Grant, et al., Civil Action No.: 95-0013-L (W.D. Va. 1995) (represented plaintiff voter registrar for the City of Lynchburg and obtained jury verdict in a case alleging discrimination based on her political affiliation).
McCabe v. Dibert Valve & Fitting Co., Inc., 1996 U.S. App. LEXIS 27485 (obtained summary judgment in case alleging sex discrimination and sexual harassment).
HCA Health Services of Virginia, Inc. v. AmeriHealth, Inc., 1995 U.S. App. LEXIS 25591 (successfully defended welfare benefit plan in an ERISA case where the plaintiff hospital sued to recover over $750,000 in medical expenses associated with the premature birth of a child born to one of the plaintiff's participants. Obtained verdict after trial and also prevailed on appeal).
Armsey v. Medshares Management Services, Inc., 184 F.R.D. 569 (W.D. Va. 1998) (represented nursing home against former employees who asserted breach of contract, age discrimination, and other business-related torts).
Barnett v. Technology International, Inc., 1 F. Supp.2d 572 (E.D. Va. 1998) (obtained summary judgment for defendant in a case alleging national origin discrimination).
Mason v. Riddick, 1996 U.S. Dist. LEXIS 19349 (E.D. Va. 1996) (obtained summary judgment for defendant cotton gin in a case brought by four plaintiffs alleging race discrimination).
Perryman v. Wal-Mart Stores, Inc., 2000 U.S. App. LEXIS 23851 (obtained summary judgment for Wal-Mart in race discrimination case).
Jones v. Wal-Mart Stores, Inc., 3:00cv224 (E.D. Va. 2001) (obtained summary judgment for Wal-Mart in race discrimination claim).
Lyon v. The Paul Revere Life Insurance Co., 2002 WL 32255209 (W.D. Va. 2002) (obtained summary judgment for insurer in claim for long term disability benefits).
Sales v. Provident Life & Accident Ins. Co., Civil Action No.: 7:00cv00208 (W.D. Va. 2001) (obtained judgment for defendant ERISA plan in a claim asserting the wrongful denial of benefits).
Dade v. Anderson, 247 Va. 3 (Va. 1994) (represented the estate in a claim brought by the wife of a decedent to recover from the estate for nursing services rendered by her during his lifetime. Judgment obtained for the defendant and successfully prevailed in the Supreme Court of Virginia).
Publication, Presentations, and Speaking Engagements
Contributing author to "A Virginia Employer's Guide to Hiring, Firing, and Discipline," 2010 and 2009 edition, published by the Virginia Chamber of Commerce.
Annual Symposium of VBA Labor and Employment Law Section, "Litigating ERISA Benefit Claims".
Bar Association of City of Richmond, Continuing Legal Education Speaker, "Current Developments in Employment Law" and "Injunctions".
Council on Education Management, "Sexual Harassment - The Issue That Won't Go Away".
Defense Research Institute National Seminar - "Managing Complex ERISA Claims".
Public Service
Board of Directors, Sheltering Arms Physical Rehabilitation Hospital, 1999-present
Board of Directors, Cystic Fibrosis Foundation - Virginia Chapter, 2002-present
National Leadership Council, Cystic Fibrosis Foundation, 2002-2007
Former Board of Directors, Memorial Child Guidance Clinic
Former Board of Directors, American Lung Association of Virginia
Former Board of Managers, Beth Ahabah Temple
Former, President, Beth Ahabah Museum and Archives Trust
Leadership Metro Richmond, Class of 1994
Memberships
· Richmond Bar Association
· Virginia Bar Association (Executive Council, Labor and Employment Law Section, 1997-2003)
· American Bar Association (Sections on Litigation, Labor and Employment Law)