David Paxton practices in the areas of labor & employment law and complex litigation. He coordinates the firm's employment practice, is a frequent guest speaker at national and regional employment law seminars, and has been included in "Best Lawyers in America" for Labor & Employment for the past fourteen years.

Experience

Complex & Multi-Party Litigation

· Secured jury verdict for three members of insurance company's Board of Directors in defense of claims brought by Commissioner of Insurance for fraud, fiduciary duty, conspiracy and securities violations. Also later recovered more than $3 million in attorney fees on indemnity claims

· Secured summary judgment on §1981 public accommodation discrimination claims brought against large franchisee of national restaurant chain by the Washington Lawyers Committee

· Secured dismissal of anti-trust and constitutional claims brought against statewide organization that regulates public school athletics in Virginia by local media organization seeking to broadcast playoff games

· Represented President of Peanut Corporation of America in connection with congressional and criminal food safety investigations, and in lawsuit to secure D&O coverage for defense costs

· Represented national restaurant chain in connection with contrived "mouse in the soup" claims resulting in the felony criminal conviction of two persons who made allegations

· Represented college athlete on civil rights claims involving sexual assault allegations and successfully challenged the constitutionality of federal law resulting in statute being declared unconstitutional by U.S. Supreme Court

Employment Litigation

· Represents employers on a broad cross-section of industries on claims of discrimination, harassment and retaliation, as well as wage and hour disputes in federal and state courts

· Represented employers and employees in litigation involving claims of theft of trade secrets, disclosure of confidential information, violations of non-competition/restrictive covenants, and other business torts

· Represented international pharmaceutical company to successful conclusion on contract claims against former inventor who began a competing company

· Obtained $4 million jury verdict for privately held company against its former president on claim to recoup bonus paid under theory of unjust enrichment

· Represents senior executives and professionals in disputes with companies

· Represented U.S. subsidiary of large multi-national company on claims of ADEA, ADA and FMLA discrimination allegations to successful resolution

· Secured summary judgment in complex ADA case brought against Fortune 100 company

· Represented large national retailer in claims of sexual harassment by former female employee to successful resolution

· Represented national manufacturer on claims involving age and disability discrimination to successful resolution

· Represented college coaches against public universities on breach of contract, NCAA violations, etc.

· Represented publicly-traded company in contractual dispute with former employee over valuation of stock option benefits upon termination of employment resulting in favorable court settlement

· Represented senior executive in negotiation of dispute with high-tech company over vesting and valuation of stock option rights resulting in favorable out of court settlement

Business & Employment Law

Labor & Employment

· Represents and advises management from a broad cross-section of industries on full range of labor and employment issues that arise on a daily basis such as hiring, E-verify, I-9s, FMLA/ADA, USERRA, wage and hour, Affirmative Action Plans, COBRA, OFCCP audits, investigation of misconduct, OSHA complaints, termination, unemployment claims, EEO complaints, and union avoidance

· Represented executive management team in negotiation of executive employment contracts which included equity compensation packages in connection with a $250 million private equity deal

· Represented founder and CEO of high-tech company in negotiation of executive employment contract in anticipation of venture capital investment

· Represented U.S. based companies in establishing indigenous workforce for new operations in India

· Represents management in various industries in planning and implementing workforce reductions

· Represents local school boards and police departments on employment-related matters

Religious Organizations

· Provides general corporate advice to several non-profit and Christian organizations

· Represented Board of Directors of non-profit organization in disputes with its founder and key members of management which led to agreed-upon separation without litigation

· Represented company in acquisition of large network of Christian radio stations

Published Work

· Co-author, Rule 68 Offers of Judgment - a Useful Defense Tool; The VADA Journal of Civil Litigation, Vol. XXIV, No. 4 (Winter 2012-2013)

· Co-Author, The Virginia Lawyer: A Deskbook for Practitioners, Chapter 4, Employment Law: Employee Rights and Employer Responsibilities (2000-2007)

· Co-Author, Annual Survey of Virginia Law: Labor & Employment Law, 40, University of Richmond Law Review, 241 (2005 & 2007)

Awards

· Voted Top Employment & Labor Attorney by readers in The Roanoker magazine's "Best Of" (2012)

· Named one of The Best Lawyers in America® 2012 for more than thirteen consecutive years in the area of Employment Law - Individuals & Management (1999-2013); Labor Law - Management (2011-2013) and Labor & Employment Litigation (2011-2013)

· Named to the "Virginia's Top 50 List" of Virginia Super Lawyers (2007) and Virginia Super Lawyers in the area of Employment & Labor Law (2007-2010-2012), included in Super Lawyers Corporate Counsel edition (2009-2011) and Super Lawyers Business Edition US in the area of Employment & Labor (2012)

· Named a Top Rated Lawyer for Labor and Employment law and Commercial Litigation by American Lawyer Media (2013)

· Designated one of the Legal Elite in the Labor/Employment field by Virginia Business magazine (2000-2011)

· Listed in Benchmark Litigation as a Local Litigation Star for Employment and General Commercial (2012-2013), and Benchmark Plaintiffs for Employment/Labor (2012-2013)

· Named a "Legal Eagle" for Employment Law - Individuals, Employment Law - Management, Labor Law, and Litigation - Labor & Employment by Virginia Living magazine (2012)

· Inclusion on the Virginia Amateur Sports Wall of Honor in its inaugural year (2009)

· Navy Commendation Medal, Distinguished Legal Work (1983)

Affiliations

· Member, Steering Committee, Labor & Employment Law Section, ALFA International (1996-Present)

· Member, Labor & Employment Law Section, American & Virginia Bar Associations (1986-Present)

· Member, Virginia CLE Steering Committee, Labor & Employment Section (2000-2010)

· Board of Directors, VHSL Foundation, Inc. (2004-2009)

· Board of Directors, Interfaith Hospitality Network of Roanoke Valley (2005-2009)

· Member, Planning Committee, Gridiron Club, Hampden-Sydney College (2007-2011)

· Member, Church Council, St. John Lutheran (2006-2009). President (2008-2009)