David Paxton advises and represents businesses, business owners, and executives in the areas of labor & employment law, complex litigation, shareholder disputes and whistleblower claims. He regularly advises businesses and non-profits in connection with governance issues, nondisclosure agreements, and noncompete agreements, and represents parties in litigation involving claims of breach of contract, unfair competition and trade secrets. As the demand for internal investigations has grown, David has been engaged by businesses, financial institutions, colleges and universities, local government agencies and non-profits to lead and conduct investigations into allegations of misconduct or unlawful activities, and he works closely with the firm’s white-collar practice.
David serves as the key contact for the firm’s Chambers’ rated Labor & Employment Practice Group team, and has been a leader in ALFA International, the premier global legal network since 1988. He is a frequent guest speaker at national and regional employment law seminars and has consistently been named to Best Lawyers in America for Labor & Employment law since 2001. In 2021, David was named by Virginia Lawyers Weekly as one of Virginia’s “Go To Lawyers for Employment Law.”
A quick handshake
•You’ve been with Gentry Locke for over 30 years. What makes this firm unique?
It is our culture. We make a point to look for ways to work collaboratively together, as opposed to fostering “Lone Rangers.” We recognize that everyone brings different strengths and weaknesses, and this has caused us to develop a fierce commitment to being a true partnership. We value thinking that is outside the box and creative solutions, and we challenge one another to bring our “A-game” at all times. What is important is that in the process, we have fun and really enjoy working and being together.
•Tell us something interesting about your background.
My family has deep roots in Virginia, so much so that when I was born in New York (my father was in the Air Force), my grandmother sent a Mason jar filled with rich dirt so she could say I was born on Virginia soil! My parents and I were soon back in Salem, Va., where I grew up. After college, I spent a full year traveling and living out of a backpack. I saw most of Western Europe and spent three months in Israel living on a kibbutz. Israel is an amazing place. I’ve been fortunate to have gone back three times.
•How would your peers in the firm and your clients describe you?
I hope they would say that I am hardworking, a good listener, compassionate, and not afraid to take on difficult issues or speak the truth.
Experience
Complex & Multi-Party Litigation
•Successfully defended the VMI Alumni Association in civil rights and corporate governance case brought by members of a non-profit organization.
•Lead and directed a 13-month long internal investigative team, consisting of 70 lawyers, accountants, and IT members, tasked with investigating financial and business operations of a university over a 13-year time period
•Represented Drummond Coal, an international mining company, in a week long jury trial in federal court in Roanoke, Virginia, in connection with a complex contract dispute with Norfolk Southern, which resulted in a verdict for Drummond and $35 million in relief granted; the jury verdict and relief awarded was upheld on appeal to 4th Circuit
•Represented a national retail company and obtained summary judgment on all claims filed in federal court in Newport News, Virginia by a customer who alleged defamation and race discrimination, and the ruling was not appealed.
•Represented a private equity and venture capital firm, and its owner in defense of a lawsuit filed in federal court in Roanoke, Virginia asserting ERISA and securities violations, and successfully obtained dismissal of all claims
•Trial counsel for Rolling Stone and Sabrina Erdely in Eramo v Rolling Stone, a case tried to a jury for 3.5 weeks in federal court in Charlottesville, Virginia
•Secured summary judgment for the plaintiff in Doe v Alger, a seminal case that recognized the due process rights of students at state universities accused of sexual misconduct based on a property right in continued enrollment
•Represented and successfully defended defendant in special litigation committee investigation of a derivative action for breach of fiduciary duty, where state court dismissed the shareholder’s claims based on special litigation committee report
•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 false “mouse in the soup” claims resulting in the felony criminal conviction of mother and son who made false allegations
•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 in case affirmed by Supreme Court of Virginia in Gross v Weingarten
•Trial and appellate counsel to college athlete accused of sexual assault and prevailed on the constitutional challenge to civil remedy under VAWA before U.S. Supreme Court in United States v. Morrison
•Secured summary judgment on multiple 1981 race discrimination claims brought by the Washington Lawyers Committee on behalf of customers and employees against large franchisee of national restaurant chain, and case not appealed.
•Secured dismissal of anti-trust and constitutional claims brought against state association that regulates public school athletics in Virginia by local media organization seeking to broadcast playoff games
Employment Litigation
•Represented national, privately held company and obtained summary judgment dismissing claims filed in federal court in Roanoke, Virginia by a former employee alleging wrongful discharge and unpaid commissions and district court’s decision was affirmed by 4th Circuit
•Represented subcontractor and successfully defended a FLSA collective action filed in federal court in Roanoke, Virginia by a large class of drywall workers who alleged unpaid overtime
•Represented high-tech manufacturer and successfully defended claims filed in federal court in Lynchburg, Virginia by a former employee who claimed to be an atheist and alleged religious discrimination and retaliation
•Represented publicly traded, national restaurant chain and successfully defended claims filed in federal court in Newport News, Virginia by a kitchen staff member who alleged race discrimination
•Represented private college and successfully defending claims filed in federal court in Roanoke Virginia by a professor who alleged disability discrimination, failure to accommodate, retaliation and FMLA violations
•Represented US subsidiary of multinational company and successfully defend a complex whistleblower claim brought under the Energy Reorganization Act before OSHA Administrative Law Judge and Administrative Review Board in Washington, DC
•Directed internal investigation conducted by former FBI agent of senior officials of a local governmental agency accused of various act of misconduct, which led to no charges or litigation
•Directed internal investigation conducted by former FBI agent into alleged claims of misconduct of a senior executive of large regional financial institution, which lead to a resolution with no subsequent litigation
•Obtained $4 million jury verdict in federal court in Abingdon, Virginia for a privately held company against its former president on claim to recoup bonus paid under theory of unjust enrichment
•Represented and successfully prosecuted claims on behalf of a US subsidiary of an international pharmaceutical company against a former employee and a newly formed company on claims of breach of contract and tortious interference; Shire, LLC v Mickle, a case brought in federal court in Roanoke, Virginia
•Represents employers on a broad cross-section of industries on Title VII and ADEA claims of discrimination, harassment and retaliation, as well as wage and hour disputes in federal and state courts
•Represented multiple employers and employees in litigation involving claims of theft of trade secrets, unauthorized disclosure of confidential information, violations of non-competition/restrictive covenants, and other business torts
•Represented national manufacturer and retailer on claims of sexual harassment by former female employee to successful, pre-litigation resolution
•Represented national manufacturer on claims involving age and disability discrimination to successful resolution
Labor & Employment
•Represents management in preparing executive employment agreements and in disputes with senior executives, and also represents senior executives and professionals in contract negotiations and in resolving disputes with companies, professional organizations, and non-profits, including cases governed by arbitration
•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, harassment and discrimination complaints, investigation of misconduct, OSHA complaints, termination, EEO charges, DOL investigations, 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 publicly traded company in contractual dispute with former employee and obtained a favorable court settlement of claims involving the valuation of stock options settlement
•Represented senior executive in a dispute with high-tech company and obtained a favorable out-of-court settlement of claims involving vesting and valuation of stock option rights.
•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 governance, and employment advice to non-profit religious organizations as well as Christian churches and ministries
•Represented Board of Directors of a Christian non-profit organization in disputes with its founder and key members of management which led to agreed-upon separation without litigation
•Represents non-profit company in acquisition of large network of Christian radio stations
Awards
•Named to Virginia Lawyers Weekly’s Class of 2025 Hall of Fame
•Recognized as an AV Preeminent rated attorney specializing in Civil Rights Law by Martindale-Hubbell (2023)
•Named in Lynchburg Business Magazine’s Top Lawyers List for Labor and Employment (2025)
•Named one of The Best Lawyers in America for over twenty consecutive years in the area of Labor Law - Management (2024-2026), Employment Law - Individuals & Management (1999-2026), and Labor & Employment Litigation (2011-2026), named “2017 and 2024 Roanoke Lawyer of the Year” for Labor & Employment - Litigation and “2020 & 2025 Roanoke Lawyer of the Year” for Employment Law - Individuals
•Named to the “Virginia’s Top 50 List” of Virginia Super Lawyers (2007) and Virginia Super Lawyers in the area of Employment & Labor Law (2007-2025), included in Super Lawyers Corporate Counsel edition (2009-2011) and Super Lawyers Business Edition US in the area of Employment & Labor (2012-2014)
•Named “Go To Employment Lawyer” by Virginia Lawyers Weekly (2020, 2022)
•Listed in Benchmark Litigation as a Local Litigation Star for Labor & Employment and General Commercial (2012-2018) and Insurance (2018); and Benchmark Plaintiffs for Labor & Employment (2012-2014), General Commercial, and Insurance (2014)
•Designated one of the “Legal Elite” in the Labor/Employment Law field by Virginia Business magazine (2000-2016, 2018-2025)
•Designated as a Fellow of the Virginia Law Foundation (2014)
•Named a “Legal Eagle” for Employment Law - Individuals, Employment Law - Management, Labor Law, and Litigation - Labor & Employment by Virginia Living magazine (2012)
•Voted Top Employment & Labor Attorney by readers in The Roanoker magazine’s “Best Of” (2012)
•Named a Top Rated Lawyer for Labor and Employment law and Commercial Litigation by American Lawyer Media (2013)
•Inclusion on the Virginia Amateur Sports Wall of Honor in its inaugural year (2009)
•Navy Commendation Medal, Distinguished Legal Work (1983)
Published Work
•Co-author, 2026 Brings Payroll Glitch for Salaried Employees: What All Employers Need to Know (Winter 2026)
•Co-author, FTC’s Proposed Rule to Ban Noncompete Agreements - Initial Reactions (Winter 2023)
•Co-author, Virginia’s New Laws (Summer 2020)
•Co-author, OSHA Changes Course: Employers Must Now Determine if COVID-19 Infection is Job-Related (Spring 2020)
•Author, DOL Issues New WARN Act FAQs (Spring 2020)
•Co-author, A Strange New Normal: The Pandemic and a New Virginia Law Usher in the Decade of the Whistleblower, (Spring 2020)
•Author, EEOC Weighs in on Employer Duties (Spring 2020)
•Author, Employer’s Guide to Responding to an Employee Positive COVID-19 Test (Spring 2020)
•Co-author, Revised CDC Guidance for Critical Industry Workers (Spring 2020)
•Author, New Procedures for Virginia Unemployment Benefits in Wake of COVID-19 (Winter 2020)
•Author, Workplace Cleaning and Disinfection Recommendations (Winter 2020)
•Author, Virginia Department of Health Sets New Ground Rules for Employees Returning to Work Amidst COVID-19 Pandemic (Winter 2020)
•Co-author, Developing an Effective Business Response to COVID-19 (Winter 2020)
•Co-author, three-part series involving Sex in the Workplace (Fall/Winter 2019-2020):
•Sex in the workplace: Virginia high court weighs in on employer responsibilities - Part I
•Sex in the workplace: Virginia high court weighs in on employer responsibilities - Part II
•Sex in the workplace: Virginia high court weighs in on employer responsibilities - Part III
•Author, Employer Alert: New Overtime Rule Effective January 15, 2020 (Winter 2019)
•Author, Protected Activity: How Far Can an Employee Go to Collect Evidence? (Winter 2018)
•Author, Size No Longer Matters: ADEA Applies to All State and Local Government Employees (Fall 2018)
•Author, Employers: Update Your Summary of Rights Form for Background Checks (Fall 2018)
•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)
Case Studies
The results of client matters depend on a variety of factors unique to each matter. Past successes do not predict or guarantee future successes.
•Sep 23, 2019 - Gentry Locke's David Paxton Helps Secure Jury Verdict in Favor of Multinational Corporation
Library
•2026 Brings Payroll Glitch for Salaried Employees: What All Employers Need to Know
Articles
Jan 2026
•Gentry Locke Partners Robert E. Evans, Andrew O. Gay, Herschel V. Keller, and W. David Paxton Named to Lynchburg Business 2026 Top Lawyers
News
Jan 2026
•Employers Win Round One: Virginia’s Wage Theft Statute Does Not Include Commissions - Will it Last?
Articles
Jan 2026
•26 Gentry Locke Attorneys Named to 2025 Virginia Business Legal Elite List
News
Dec 2025
•31 Gentry Locke Attorneys Recognized in Best Lawyers 2026 Lists
News
Aug 2025
•EEOC Opens Portal for EEO-1 Filing
Articles
May 2025
•20 Gentry Locke Attorneys Recognized in 2025 Virginia Super Lawyers Lists
News
May 2025
•Biden-Era 2024 Independent Contractor Rule Shelved
Articles
May 2025
•Gentry Locke Partner W. David Paxton named to Virginia Lawyers Weekly's Class of 2025 Hall of Fame
News
Apr 2025
•Fourth Circuit Allows Administration to Implement Anti-DEI Orders Pending Appeal
Articles
Mar 2025
•Employment Authorization Verification for U.S. Employers: Form I-9 Basics
Articles
Jan 2025
•U.S. Supreme Court Rejects Fourth Circuit’s Approach to FLSA Exemptions
Articles
Jan 2025
•Updated 2025 'Low Wage' Salary Levels for Virginia Non-Compete Agreements
Articles
Jan 2025
•29 Gentry Locke Attorneys Named to 2024 Virginia Business Legal Elite List
News
Dec 2024
•Will New DOL Minimum Salary Increase Affect Your Business - Not Anymore!
Articles
Nov 2024
•Will the New DOL Minimum Salary Increases Affect Your Business, and Is the Fluctuating Workweek a Viable Alternative?
Articles
Oct 2024
•Breaking: U.S. District Court for the Northern District of Texas “Sets Aside” the FTC’s Non-Compete Ban-Barring Enforcement of the Final Rule Nationwide
Articles
Aug 2024
•35 Gentry Locke Attorneys Recognized in Best Lawyers 2025 Lists
News
Aug 2024
•Federal Lawsuits Challenge, but Do Not Halt, FTC Rule Banning Non-Competes; What Employers Can Do to Protect Information and Talent in the Absence of Non-Competes
Articles
Aug 2024
•18 Gentry Locke Attorneys Recognized in 2024 Virginia Super Lawyers Lists
News
Apr 2024
•FTC Seeks to Impose Ban On Noncompete Restrictions on Employees
Articles
Apr 2024
•Pro-Employee Whistleblower Standard Embraced by SCOTUS
Articles
Feb 2024
•New 2024 “Low Wage” Salary Level for Virginia Non-Compete Agreements
Articles
Feb 2024
•The DOL’s New Employee-Friendly Independent Contractor Rule
Articles
Jan 2024
•23 Gentry Locke Attorneys Named to 2023 Virginia Business Legal Elite List
News
Nov 2023
•Update on Key HR Issues for Business Seminar
Events
Aug 2023
•30 Gentry Locke Attorneys Recognized in Best Lawyers 2024 Lists
News
Aug 2023
•Assault on Noncompete Agreements Continues
Articles
Jun 2023
•17 Gentry Locke Attorneys Recognized in 2023 Virginia Super Lawyers Lists
News
Apr 2023
•Federal Agencies Over Employment Matters Announce Aggressive Moves
Articles
Mar 2023
•2023 Employment Law Symposium: Be the HR Hero!
Events
Feb 2023
•FTC Wastes No Time - Takes Enforcement Action While Proposing Nationwide Rule to Invalidate Noncompete Agreements
Articles
Jan 2023
•FTC’s Proposed Rule to Ban Noncompete Agreements - Initial Reactions
Articles
Jan 2023
•Twenty Gentry Locke Attorneys Named to 2022 Legal Elite List
News
Dec 2022
•Super Lawyers 2022 Recognizes 17 Gentry Locke Lawyers
News
May 2022
•Coronavirus/COVID-19
We're Here to Help
News
Feb 2022
•Don't Leave HR to Luck: Gentry Locke's 2022 Employment Law Symposium
Events
Jan 2022
•2021 Labor and Employment Webinars
Events
May 2021
•Super Lawyers and Rising Stars Recognizes 18 Lawyers on 2021 Lists
News
May 2021
•Twenty Gentry Locke Attorneys Named to Legal Elite List
News
Dec 2020
•22 Gentry Locke Attorneys Recognized in The Best Lawyers in America 2021
News
Aug 2020
•Virginia’s New Laws
Articles
Jun 2020
•OSHA Changes Course: Employers Must Now Determine if COVID-19 Infection is Job-Related
Articles
May 2020
•DOL Issues New WARN Act FAQs
Articles
May 2020
•Helping Employers Navigate COVID-19 and Virginia's New Workplace Laws: A Four-Part Series
Events
Apr 2020
•A Strange New Normal: The Pandemic and a New Virginia Law Usher in the Decade of the Whistleblower
Articles
Apr 2020
•EEOC Weighs in on Employer Duties
Articles
Apr 2020
•Employer’s Guide to Responding to an Employee Positive COVID-19 Test
Articles
Apr 2020
•20 Gentry Locke Lawyers Named as Super Lawyers and Rising Stars
News
Apr 2020
•Revised CDC Guidance for Critical Industry Workers
Articles
Apr 2020
•New Procedures for Virginia Unemployment Benefits in Wake of COVID-19
Articles
Mar 2020
•Workplace Cleaning and Disinfection Recommendations
Articles
Mar 2020
•Virginia Department of Health Sets New Ground Rules for Employees Returning to Work Amidst COVID-19 Pandemic
Articles
Mar 2020
•Don't Leave HR to Luck: 2020 Employment Law Symposium (Postponed)
Events
Mar 2020
•Developing an Effective Business Response to COVID-19
Articles
Mar 2020
•Sex in the workplace: Virginia high court weighs in on employer responsibilities - Part III
Articles
Jan 2020
•Sex in the workplace: Virginia high court weighs in on employer responsibilities - Part II
Articles
Jan 2020
•Sex in the workplace: Virginia high court weighs in on employer responsibilities - Part I
Articles
Jan 2020
of the Virginia Law Foundation
News
Jan 2014
•Employment Law White Paper from National Conference Available
News
Dec 2013
•Alert: Administration Solicits Whistleblowers
News
Dec 2013
•Gentry Locke Attorneys Named to 2013 Legal Elite
News
Nov 2013
•Thirteen Gentry Locke Attorneys Named to Super Lawyers Business Edition US
News
Nov 2013
•Protecting Company Assets: The Price of a Dance Ticket Just Went Up
Articles
Oct 2013
•Guess Who Is Coming to Inspect Your Worksite?
Articles
Oct 2013 Member: Affiliations
•fellow, Virginia Law Foundation (Inducted 2014)
•Chair, ALFA International Labor and Employment Law Section (2015-Present), Member of Labor & Employment Law Section Steering Committee (1996-Present); Member, ALFA International Board of Directors (2014-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)
