Employment and Restrictive Covenant Litigation
David defends employers in litigation involving individual and class claims of discrimination, harassment, retaliation and wrongful discharge in state and federal courts and in administrative proceedings before the U.S. Equal Employment Opportunity Commission (EEOC) and state and local agencies. David also frequently litigates non-competition and other post-separation restrictive covenants to ensure that departing employees meet their legal obligations and to address unfair competition by the employees’ new employer.
- Obtained a defense verdict at trial on behalf of a large insurance company in an employment discrimination case brought by the EEOC
- Favorably resolved a putative wage and hour collective action for a nominal amount on an individualized basis on behalf of a large bank while the plaintiffs’ motion for conditional class certification was pending
- Obtained summary judgment on behalf of numerous employers in discrimination, retaliation, and other employment-related cases brought by former employees
- Obtained a temporary restraining order in San Jose, California against two former employees and the employees’ new employer based on the former employees’ breach of their post-separation restrictive covenants and the new employer’s interference with those covenants
- Obtained the entry by consent of an order enjoining a former senior executive of a major corporation from continuing his new employment as a competitor’s CEO and from working in any other competitive employment for a two-year period
Restrictive Covenant Counsel
To help clients protect their confidential information and customer goodwill, and prevent unfair post-separation competition and solicitation, David regularly drafts non-competition agreements and other restrictive covenants and counsels employers regarding them. He also counsels employers on best practices related to hiring employees who have post-separation restrictions.
As day-to-day issues arise, David counsels employers on layoffs, disability and family/medical leave issues, plant closings, wage-and-hour issues, and other matters. David also conducts internal discrimination and harassment investigations and related training.
David advises employers on labor-management relations issues such as organizing campaigns, unfair labor practice charges, labor arbitrations and cases before the National Labor Relations Board (NLRB).
- Advised and assisted a New Jersey hospital in a lengthy union organizing campaign that ended with the employees’ rejection of the union
- Caused the NLRB to issue a complaint against a union that was engaged in unlawful secondary picketing of a national retailer’s store, and ultimately resolved the matter just before the scheduled hearing through a favorable Board-sponsored settlement
Companies conducting due diligence on potential strategic transactions rely on David to surface possible labor and employment considerations as they weigh the terms of the deal. He also counsels clients post-closing as they attempt to integrate new entities and professionalize their human resources practices.
David served as a law clerk to the Honorable Charles L. Levin of the Supreme Court of Michigan in 1995-96.
David and his wife and their two teenagers live in Swarthmore, PA. When not wrestling with employment issues, David enjoys travel, ideally to somewhere culturally interesting or where he can at least try to use his remaining Spanish language skills.