David G. Waytz
Assistant: Jan Stahura, 612.492.7881
David is a skilled advice lawyer and litigator who counsels employers on tough employment issues and works with businesses to prevent trade secret theft and unfair competition.
Prior to joining Fredrikson & Byron’s Employment and Labor Group, David worked in Washington, D.C., as a national security analyst. Before litigation begins, David leverages his security background and works with employers to develop the policies and techniques necessary to identify threats and prevent trade secret theft and unfair competition. David also helps employers manage risk and works to ensure that his clients stay on top of the rapidly changing employment law landscape.
As a litigator, David handles non-complete and trade secret cases, as well as discrimination, whistleblower, and wage and hour lawsuits.
David is a Minnesota native and proud product of the Minneapolis Public Schools.
Advice and Counseling
- Counsels employers on wide-ranging employment issues, including discrimination, harassment, hiring, firing, discipline, FMLA, reasonable accommodation, drug testing, and employment contracts.
- Evaluates risk regarding non-compete agreements and counsels employers on hiring employees subject to such agreements.
- Drafts employment agreements, severance agreements, non-compete agreements, employee handbooks, and other employer policies.
- Conducts workplace training and internal investigations.
- Helps clients implement comprehensive policies for protecting trade secrets and confidential information.
Non-Competes and Trade Secrets Litigation
- Defended and defeated trade secret action in Federal Court on behalf of technology company.
- Defended and defeated trade secret action in State Court and obtained award of attorneys’ fees on behalf of marketing and advertising company.
- Obtained restraining order on behalf of public biotechnology company preventing employees from violating non-compete and joining a competitor.
- Obtained restraining order on behalf of international food manufacturer against employee who had joined competitor in violation of a restrictive covenant.
- Assisted manufacturer’s representative in securing dismissal of CFAA and trade secret misappropriation case in Federal Court.
- Defended and defeated non-compete action by a competitor on behalf of a large advertising agency in State Court.
- Briefed, argued and obtained motion to dismiss a multi-count discrimination lawsuit in Federal Court.
- Briefed, argued and obtained motion to dismiss age discrimination lawsuit in Federal Court.
- Assisted employer in overturning $10 million judgment at Minnesota Court of Appeals on employment breach of contract and defamation claim.
- Assisted and secured no probable cause findings on numerous state and federal age, race, disability and sex discrimination charges.
- Represented employers in arbitration and mediation and secured favorable settlements.
- Won victories for employers in unemployment appeal proceedings.
Professional Licensing Work
- Assisted professionals in responding to Notice of Conference, Subpoenas, and other inquiries by the Board of Medical Practice, Board of Nursing, and other licensing bodies.
- Secured dismissals for health practitioners investigated by Minnesota Department of Health and State licensing bodies.
Pro Bono Representation
- Successfully defended employee wrongfully accused of theft in an unemployment compensation proceeding.
- Successfully defended employee wrongfully terminated for caring for a sick child in an unemployment compensation hearing.
- Overturned default judgment against a mother of two, enabling her to re-obtain her driver’s license.
- Recovered several thousand dollars on a judgment against party who breached contract with elderly couple.
Articles & Presentations
May 31, 2016
On May 27, 2016, the Minneapolis City Council passed the Minneapolis Sick and Safe Time Ordinance, guaranteeing paid “sick and safe” leave for most employees working within city limits and unpaid “sick and safe” leave for many others. The law is effective July 1, 2017. The mayor approved amendments on September 28, 2016, and further guidance may be forthcoming in the future, but here is what Minneapolis employers need to know now.Read More
May 5, 2016
Employers face ever-increasing threats to the security of their trade secrets. Now, thanks to Congress, employers have a new tool to combat such threats (along with new potential headaches).Read More
December 12, 2014
By David G. Waytz & Krista A.P. Hatcher
On Thursday, December 11, 2014, the National Labor Relations Board (NLRB) overturned existing precedent in a decision that contains important implications as to how employers draft and implement their electronic communications policies.Read More
The Cover-Up is Always Worse Than the Crime: Court Upholds Massive Arbitration Award in Trade Secrets Case
November 11, 2014
A recent Minnesota Supreme Court decision highlights the stakes involved in trade secret misappropriation cases as well as the consequences for falsifying evidence. In Seagate Technology, LLC v. Western Digital Corporation, the Minnesota Supreme Court upheld an arbitration award of over $500 million against Western Digital and Mr. Sining Mao for misappropriating Seagate’s trade secrets.Read More
March 27, 2014
Although LBDS obtained a sizeable jury verdict, it couldn’t unring the bell – the competitor still received highly confidential information. The lesson is clear: be careful who you let in the door.Read More
PUBLICATIONS & PRESENTATIONS
- Co-Presenter, “#MeToo and You: Sexual Harassment in the Workplace in 2018,” Fredrikson & Byron Health Law Webinar, November 14, 2018
- Co-Presenter, “2018 Employment Law Trends,” Fredrikson & Byron’s 34th Annual Employment & Labor Law Seminar, November 1, 2018
- Co-Presenter, “A Non-Compete Seminar for Everyone,” Fredrikson & Byron’s 34th Annual Employment & Labor Law Seminar, November 1, 2018
- Co-Presenter, “Protecting Your Company’s Reputation in the Digital Age,” Fredrikson & Byron’s 33rd Annual Employment & Labor Law Seminar, November 3, 2017
- Co-Presenter, “Privacy Laws at Work,” Fredrikson & Byron’s 32nd Annual Employment & Labor Law Seminar, October 26, 2016
- Co-Presenter, “Bringing and Defending Federal Trade Secret Theft Actions Under the New Law-Key Considerations,” 2016 Midwest IP Institute, September 22-23, 2016
- Co-Presenter, “Insider Threats: Identifying and Deterring Company Information Theft,” Fredrikson & Byron’s 31st Annual Employment & Labor Law Seminar, November 6, 2015
- Co-Author, "Ten Actions You Can Take Now to Protect Your Company’s Trade Secrets", Networked Lawyers Blog, May 2015
- Co-Presenter, “Preparing Your Unemployment Case,” Fredrikson & Byron’s 30th Annual Employment & Labor Law Seminar, October 28, 2014
- “Emerging Topics in Non-Compete Law,” Fredrikson & Byron’s 29th Annual Employment & Labor Law Seminar, November 6, 2013
Honors & Education
- Cornell Law School, J.D., 2011, cum laude
- Georgetown University, B.S., cum laude
- Minnesota, 2011
- U.S. District Court for the District of Minnesota, 2011
- Minnesota Super Lawyers, Rising Star – Employment & Labor, 2018
- Minnesota State Bar Association, North Star Lawyer, 2013-2014
- Cornell Journal of International Law, General Editor
- Robert S. Pasley Memorial Prize for Scholarship in Law and the Humanities
- CALI Award: Biblical Law
- Minnesota State Bar Association