Employment law

Wrongful discharge

Non-compete agreements

Trade secrets

• Ohio, 1991

• United States District Court for the Southern District of Ohio
• United States District Court for the Northern District of Ohio
• United States Court of Appeals for the Sixth Circuit
• United States Court of Appeals for the Ninth Circuit
• United States District Court for the Central District of Illinois
• United States Supreme Court
•  

• U.S. District Court for the Southern District of Ohio, 1991-93

• Northwestern University, J.D., 1991, cum laude
  
• Associate Editor, Northwestern Law Review
• University of Kent at Canterbury, M.A., 1988
  
• Masters Degree in Modern Literature
  
• Rotary Scholar
• Duke University, B.A., 1987, magna cum laude, with distinction in history
  
• Phi Beta Kappa
  
• Harry S. Truman Scholar
  
• Phi Eta Sigma (political science honorary)

David is a member of Frost Brown Todd LLC and practices in the area of employment law. He works in a variety of employment matters, including wrongful termination, discrimination, harassment, non-compete agreements, and trade secrets. His practice is divided between offering advice and counsel, and litigating in court and in arbitration. He has litigated cases in Ohio, Kentucky, Indiana, Colorado, Nevada, Iowa, Kansas, Minnesota, Illinois, New Jersey, Florida, Tennessee, New York, Utah and Michigan. He has successfully handled class action employment cases and multiple cases against the EEOC. He regularly works with Employment Practices Liability Insurance (EPLI). He frequently advises a variety of healthcare entities with respect to their employee issues. He is listed in The Best Lawyers in America® and has been named one of the Top 50 Lawyers in Cincinnati by Ohio Super Lawyers®

Experience

Obtained jury verdict for Shelter Concepts in sexual harassment and retaliation lawsuit by two former managers.

Received dismissal for WEA, a Time Warner affiliate, in a race, sex, and age discrimination case. This case was affirmed on appeal, and the United States Supreme Court then refused to hear the case.

Obtained permanent injunction and contempt finding on behalf of Netco against former Vice President for violations of a non-compete agreement and Ohio Trade Secret Act.

Received dismissal for Pinkerton in age and disability discrimination lawsuit filed in Kentucky by a former Vice-President.

Obtained dismissal for Mercantile Stores in age discrimination lawsuit filed in federal district court and affirmed on appeal.

Obtained dismissal for Millennium Petrochemicals in a fraud case brought by former high-ranking executive.

Received dismissal for Steak ‘n Shake in sexual harassment lawsuit. This case was affirmed on appeal.

Law Clerk, United States District Court for the Southern District of Ohio, The Honorable S. Arthur Spiegel, 1991-93.

• The Best Lawyers in America®  2008-2012
• Top 50 Super Lawyers in Cincinnati for 2011-2012
• Selected for inclusion in Ohio Super Lawyers® 2007-2012 and Rising Stars® 2005
• 40 Under 40, Cincinnati Business Courier

• The Federal Bar Association, John W. Peck Chapter of the Federal Bar Association, Executive Committee
• Ohio State Bar Association, Labor and Employment Law Committee, Board of Governors
• Cincinnati Bar Association, Labor and Employment Law Committee; Common Pleas Court Committee
• The Federal Lawyer, Editorial Board, 1995-1999

• Employer Receives $23 Million Award for Employees' Misappropriation of Trade Secrets
• "Unconscious Bias" In Class Action Employment Discrimination Litigation

• Ronald McDonald House, Board of Trustees, Finance Committee
• Bethany House, Personnel Committee
• Cincinnati Works, Legal Advisory Committee
• Cincinnati Academy for Leadership for Lawyers, Class IV

David is a frequent speaker on labor and employment law topics to such organizations as The Midwest Labor Law Conference, The University of Cincinnati School of Law, The Employers' Resource Association, Chase School of Law, National Business Institute, Cincinnati Bar Association, Ohio State Bar Association, Lorman, Ohio CLE Institute, Sterling Educational Service, The Seminar Group, and the CEO Round Table.

David has published on various employment law topics in The Cincinnati Business Courier, The National Law Journal, The Labor Law Journal, The Federal Lawyer, The Ohio Labor Letter, Personnel Law Update, and The Ohio State Bar Association Labor and Employment Law News.

He has also commented on labor and employment law issues for The Cincinnati Enquirer, Fortune Magazine, WLWT-TV5, The Cincinnati Business Courier, and WXIX-Channel 19.