David Warner's practice focuses on the resolution and litigation of complex labor, employment, and business disputes. He represents and counsels both private and public sector clients, with a particular emphasis on the government contractor and non-profit industries.

Business Litigation: Mr. Warner routinely represents companies in commercial litigation matters, often concerning the enforcement of management rights in regard to restrictive covenants, trade secrets, business conspiracy and procurement integrity laws. Representative engagements include:

· Lead counsel in $21 million breach of service contract action

· Lead counsel in $8 million breach of teaming agreement action

· Lead counsel for government contractor in breach of contract, Unfair Trade Practices Act, and fraud claims against prime contractor; matter resolved before filing of complaint with full recovery to client

· Lead counsel in prosecution of breach of duty of loyalty and trade secret claims against medical supply sales representative in Maryland

· Representation of telecommunications contractor in prosecution of business conspiracy, copyright, breach of duty of loyalty, and trade secrets claims against former employee and competitor; matter resolved prior to trial with more than $4 million paid to client

Government Contractor Compliance and Audits: Mr. Warner has extensive experience advising government contractors in compliance matters, audits, and litigation with the federal government. Representative engagements include:

· Lead attorney in negotiation of 75% reduction of multi-million dollar back pay demand (levied prior to client's engagement of Venable) on behalf of one of the fifty largest private employers in the United States; directed compliance efforts resulting in successful conclusion of multi-year conciliation agreement

· Lead attorney in successful resolution of defense contractor audit, which included significant issues concerning pay equity in salaried ranks

· Lead attorney in training of executives and senior leadership regarding affirmative action, diversity, and talent management best practices at Fortune 100 company

· Represented multi-billion dollar services company in successful resolution of OFCCP glass ceiling audit

· Represented national financial services company in defense of claims of systemic hiring discrimination brought by OFCCP

· Represented multi-billion dollar food manufacturing company in successful resolution of OFCCP glass ceiling audit

Employment Counseling: Mr. Warner's practice includes counseling employers on labor and employment related matters in order to minimize potential litigation risk. In addition to day-to-day counseling on employment actions, Mr. Warner provides guidance regarding the design and implementation of effective and defensible application, hiring, promotion, and compensation practices, including conducting comprehensive audits of personnel practices to proactively identify and remediate issues that could give rise to class claims. Mr. Warner also advises companies in cross-border employment matters, including the design and implementation of expatriate employment agreements, application of U.S. laws to foreign-based employees, and related issues. Representative engagements include:

· Design and implementation of ex-pat employment agreements for employees located in Iraq, Afghanistan, Africa, Central and South America, and the Caribbean

· Investigation and resolution of harassment allegations of foreign employees in Africa

· Negotiation of 70% reduction of back-pay and benefits demanded by United Mine Workers of America under the federal Worker Adjustment and Retraining Notification ("WARN") Act following shutdown of mining facility

· Design and implementation of strategic corporate diversity initiatives for company with 100,000+ employees

· Design and implementation of application and selection processes for 5,000+ management positions at Fortune 100 company

· Training of executives and senior leadership regarding talent management best practices at Fortune 100 company

· Comprehensive equity analysis of management pay at Fortune 500 company, including implementation of remedial adjustments to employee compensation

Employment Litigation: Mr. Warner routinely represents employers in litigation concerning alleged violations of Title VII, the ADA, ADEA, and other federal and state laws prohibiting discrimination and retaliation. Mr. Warner's litigation experience includes complex class action litigation, brought by both private claimants and government agencies, involving extensive electronic discovery and statistical analyses. Representative engagements include:

· Serving as lead defense counsel in nationwide promotions class action pending before the Equal Employment Opportunity Commission (EEOC)

· Lead defense counsel in successful opposition to class certification in five putative class actions before the EEOC

· Member of defense trial team for what would have been the largest employment discrimination class action ever tried to a jury had the matter not resolved - following a significant defense victory on motions in limine - on the eve of trial

· Lead defense counsel for successful defense of several discrimination and wrongful termination claims filed in the District of Columbia against national hotel chain under private ADR agreement

Industries

Government Contractors

Nonprofit Organizations and Associations

Memberships

American Bar Association

Maryland Bar Association

Virginia Bar Association

District of Columbia Bar Association

Maryland Defense Counsel, Inc.

News

February 7, 2013, Venable Continues Record Breaking Performance in Latest Chambers USA Rankings

May 29, 2009, David Warner, Grace Lee, and Jeffrey Tenenbaum mentioned in Association Trends article

February 9, 2009, Three Venable attorneys author Law360 article on Obama administration labor policies

January 23, 2007, Venable LLP Promotes Seventeen to Partner

Publications

June 8, 2012, The Axeman Cometh: Avoid Common Blunders When Disciplining and Terminating Employees
Marina Burton Blickley, David R. Warner
Related Topic Area(s): Employment Law

March 21, 2012, 'Big Brother' in the Office: Helping Nonprofits Manage Employee Privacy in the Modern Workplace
Jeffrey S. Tenenbaum, David R. Warner
Related Topic Area(s): Employment Law

February 21, 2012, How Nonprofits Can Avoid the Legal Pitfalls of Telecommuting Employees
Jeffrey S. Tenenbaum, David R. Warner, Nicholas M. Reiter
Related Topic Area(s): Employment Law

December 2011, Consumer Financial Protection Bureau Opens Whistleblower Complaint Hotline
Jonathan L. Pompan, David R. Warner
CFPB Watch

September 12, 2011, Telecommuting Employees: How Nonprofits Can Avoid the Legal Pitfalls
Jeffrey S. Tenenbaum, David R. Warner, Nicholas M. Reiter
Related Topic Area(s): Employment Law, Tax and Employee Benefits

August 11, 2011, Focus on Misclassification: Are Your Nonprofit's Workers 'Employees,' 'Volunteers,' or 'Contractors?'
Jeffrey S. Tenenbaum, David R. Warner
Related Topic Area(s): Employment Law, Tax and Employee Benefits

May 18, 2011, Focus on Misclassification: Are Your Nonprofit's Workers 'Employees' or 'Independent Contractors?'
Jeffrey S. Tenenbaum, David R. Warner
Related Topic Area(s): Employment Law, Tax and Employee Benefits

March 29, 2011, Dangers and Opportunities: Navigating Nonprofit Partnerships, Collaborations, Joint Ventures and More
Jeffrey S. Tenenbaum, David R. Warner, Lisa M. Hix
Related Topic Area(s): Copyrights and Trademarks, Employment Law, Corporate Governance, Meeting, Vendor and Government Contracts, Tax and Employee Benefits

December 6, 2010, Mergers, Alliances, Affiliations and Acquisitions for Nonprofit Organizations: Financial and Legal Issues
Jeffrey S. Tenenbaum, Lisa M. Hix, David R. Warner
Related Topic Area(s): Copyrights and Trademarks, Corporate Governance, Employment Law, Meeting, Vendor and Government Contracts, Tax and Employee Benefits

June 2010, Turns Out, There's No Such Thing As "Free Labor" Either: Why Most Employers Should be Paying Interns or Modifying/Abandoning Their Unpaid Internship Programs
Megan H. Mann, David R. Warner
Labor & Employment News Alert

May 12, 2010, Nonprofit Labor and Employment: Challenges, Solutions and Legal Pitfalls
David R. Warner, Jeffrey S. Tenenbaum
Related Topic Area(s): Employment Law

May 6, 2010, Proactive Strategies for Minimizing HR and Other Legal Risks in Mergers and Joint Ventures (handouts)
Jeffrey S. Tenenbaum, David R. Warner
Related Topic Area(s): Employment Law, Tax and Employee Benefits, Corporate Governance

May 6, 2010, Proactive Strategies for Minimizing HR and Other Legal Risks in Mergers and Joint Ventures (PowerPoint presentation)
Jeffrey S. Tenenbaum, David R. Warner
Related Topic Area(s): Corporate Governance, Employment Law, Tax and Employee Benefits

April 2010, "What Are You, People? On [State-Licensed Medical Marijuana]?"- The Hazy Intersection of State Medical Marijuana Laws, Federal Authorities and Employer Drug Free Workplace and Testing Policies
David R. Warner
Labor & Employment News Alert

April 19, 2010, Comments to EEOC Notice of Public Rulemaking Regarding "Reasonable Factor Other Than Age" Under the Federal Age Discrimination in Employment Act
David R. Warner, Patrick L. Clancy

Summer 2009, "Spiraling Costs and Crashing Markets - Who Will Be Left Holding the (Empty) Bag for Depleted Pensions and Unfunded Health Care Liabilities?" in Law Journal of the Energy and Mineral Law Institute, 30th volume
Gregory J. Ossi, Marina Burton Blickley, David R. Warner

January 4, 2010, December "Payroll Surprise" Waiting for Some Employers in 2010
David R. Warner
Labor & Employment News Alert

May 21, 2009, Nonprofits in Lean Times: Employment and Labor Challenges for Nonprofits in the Economic Downturn
David R. Warner
Related Topic Area(s): Employment Law

February 2, 2009, President Obama Issues Three Labor-Friendly Executive Orders
David R. Warner
Labor & Employment News Alert

February 2008, IP News & Comment - February 2008
Michael A. Gollin, Keith G. Haddaway, Ph.D., Frederick M. Joyce, David R. Warner
IP Buzz

August 2005, Legal Trends: E-Mail and Electronic Discovery -- Ignore Now, Pay Later
David R. Warner
HR Magazine

April 1, 1999, Avoiding Liability in Discipline and Termination Decisions - A Reverse Engineering Analysis
David R. Warner, Patrick L. Clancy

Events/Speaking Engagements

Mr. Warner is a frequent lecturer on topics including compliance with the McNamara-O'Hara Service Contract Act, the Davis-Bacon Act, the Family and Medical Leave Act, the Fair Labor Standards Act, reasonable accommodation under the Americans with Disabilities Act, OFCCP compliance, hiring, firing, discipline and other aspects of the employer/employee relationship touched upon by state and federal law.

Past Events

June 14, 2012, Non-Compete Covenants: What You Need to Know to Run and/or Sell Your Business
Joseph C. Schmelter, David R. Warner, Monica E. Klein

June 8, 2012, "The Axeman Cometh: Avoid Common Blunders When Disciplining and Terminating Employees" at ASAE's Finance, HR & Business Operations Conference
Marina Burton Blickley, David R. Warner
Related Topic Area(s): Employment Law

March 21, 2012, 'Big Brother' in the Office: Helping Nonprofits Manage Employee Privacy in the Modern Workplace
Jeffrey S. Tenenbaum, David R. Warner
Related Topic Area(s): Employment Law, Recording available

September 14, 2011, Telecommuting Employees: How Nonprofits Can Avoid the Legal Pitfalls
Jeffrey S. Tenenbaum, David R. Warner, Nicholas M. Reiter
Related Topic Area(s): Employment Law, Recording available

August 11, 2011, "Focus on Misclassification: Are Your Nonprofit's Workers 'Employees,' 'Volunteers' or 'Contractors'?" Audioconference for Association TRENDS
David R. Warner, Jeffrey S. Tenenbaum
Related Topic Area(s): Tax and Employee Benefits, Employment Law

May 19, 2011, Performance Assessment and Management: Principles, PIPs, and Pointers (Oh, my!)
David R. Warner

May 18, 2011, Focus on Misclassification: Are Your Nonprofit's Workers 'Employees' or 'Independent Contractors?'
Jeffrey S. Tenenbaum, David R. Warner
Related Topic Area(s): Employment Law, Recording available, Tax and Employee Benefits

March 29, 2011, "Dangers and Opportunities: Navigating Nonprofit Partnerships, Collaborations, Joint Ventures and More" for Better Business Bureau New York
Jeffrey S. Tenenbaum, Lisa M. Hix, David R. Warner
Related Topic Area(s): Copyrights and Trademarks, Corporate Governance, Employment Law, Tax and Employee Benefits, Meeting, Vendor and Government Contracts, Miscellaneous

March 17, 2011, "Employee Handbooks - Fundamentals and Follies," hosted by Venable
David R. Warner, Marina Burton Blickley
Related Topic Area(s): Corporate Governance, Electronic Communications, Employment Law, Miscellaneous, Social Media

December 6, 2010, Mergers, Alliances, Affiliations and Acquisitions for Nonprofit Organizations: Financial and Legal Issues
Jeffrey S. Tenenbaum, Lisa M. Hix, David R. Warner
Related Topic Area(s): Copyrights and Trademarks, Corporate Governance, Employment Law, Meeting, Vendor and Government Contracts, Miscellaneous, Tax and Employee Benefits

September 14, 2010, Legal Quick Hit: "Employee Privacy and Employer Liability in the Age of Texting, 'Sexting,' Facebook, and Other Social Media Phenomena" for the Association of Corporate Counsel's Nonprofit Organizations Committee
David R. Warner, Jeffrey S. Tenenbaum
Related Topic Area(s): Electronic Communications, Employment Law

May 13, 2010, "Nonprofit Labor and Employment: Challenges, Solutions and Legal Pitfalls" audioconference presented by Association TRENDS
Jeffrey S. Tenenbaum, David R. Warner
Related Topic Area(s): Employment Law

May 11, 2010, Legal Quick Hit: "What the Developing Federal Legislative and Regulatory Agenda Means to Your Nonprofit as an Employer," for the Association of Corporate Counsel's Nonprofit Organizations Committee
David R. Warner, Jeffrey S. Tenenbaum
Related Topic Area(s): Employment Law

May 6, 2010, "Proactive Strategies for Minimizing HR and Other Legal Risks in Mergers, Outsourcing and Shared-Staffing" at the 2010 Finance and Business Operations Symposium, sponsored by the American Society of Association Executives
Jeffrey S. Tenenbaum, David R. Warner
Related Topic Area(s): Corporate Governance, Employment Law

July 21, 2009, "Labor and Employment: Challenges, Solutions and Legal Pitfalls" at an audioconference held by AssociationExecs.com
David R. Warner

May 21, 2009, Nonprofits in Lean Times: Employment and Labor Challenges for Nonprofits in the Economic Downturn
David R. Warner, Jeffrey S. Tenenbaum
Related Topic Area(s): Employment Law

January 13, 2009, Legal Quick Hit: Reductions in Force - Planning, Implementation and Communication
David R. Warner

December 18, 2008, RAFFA's "Managing the Economic Downturn"
David R. Warner