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David G. Waytz

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David G. Waytz

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Email: dwaytz@fredlaw.com
Office: 612.492.7401

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PRIMARY SERVICES

Employment & Labor
Employment & Labor Litigation
Litigation

Non-Competes
Trade Secrets

View PDF Guide: 10 Actions to Protect Your Trade Secrets

Overview

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.

Experience

REPRESENTATIVE EXPERIENCE

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.

Employment Litigation

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

Minneapolis Issues Sick and Safe Time Ordinance

May 31, 2016

By Anne M. Radolinski & David G. Waytz

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.

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New Trade Secret Law Will Affect How Your Business Protects Sensitive Information

May 5, 2016

By Teresa M. Thompson & David G. Waytz

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).

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NLRB Hits ‘Send’ On Union Organizing Via Company Email

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.

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The Cover-Up is Always Worse Than the Crime: Court Upholds Massive Arbitration Award in Trade Secrets Case

November 11, 2014

By David G. Waytz

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.

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$25 Million Jury Verdict Highlights Dangers of Entrusting Third Parties with Trade Secrets

March 27, 2014

By David G. Waytz

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.

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PUBLICATIONS & PRESENTATIONS

Co-Presenter, “Vaccines in the Workplace,” Fredrikson & Byron Employment & Labor Webinar, December 16, 2021
Co-Presenter, “Mandatory Vaccination and the Accommodation Process,” Fredrikson & Byron’s Annual Employment & Labor Law Seminar, October 26, 2021
Author, “Prescribing Cannabis: Help patients and their employers find middle ground,” Minnesota Medicine, September/October 2021
Co-Presenter, “Diversity and Inclusion: Practical Advice for In-House Counsel,” 2020 Corporate Counsel Institute sponsored by the Iowa State Bar Association and the Association of Corporate Counsel – Iowa Chapter, November 17, 2020
Co-Presenter, “Diversity & Inclusion in the Workplace: Going Beyond a Policy!” Fredrikson & Byron’sAnnual Employment & Labor Law Seminar, October 27, 2020
Co-Presenter, “Marijuana and the Workplace: Almost Everything You Need to Know,” Fredrikson & Byron’s 35thAnnual Employment & Labor Law Seminar, November 7, 2019
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 34^th Annual Employment & Labor Law Seminar, November 1, 2018
Co-Presenter, “A Non-Compete Seminar for Everyone,” Fredrikson & Byron’s 34^th Annual Employment & Labor Law Seminar, November 1, 2018
Co-Presenter, “Protecting Your Company’s Reputation in the Digital Age,” Fredrikson & Byron’s 33^rdAnnual 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

EDUCATION

Cornell Law School, J.D., 2011, cum laude
Georgetown University, B.S., cum laude

BAR ADMISSIONS

Minnesota, 2011
U.S. District Court for the District of Minnesota, 2011

HONORS

Minnesota Super Lawyers, Rising Star – Employment & Labor, 2018-present
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

Professional Activities

PROFESSIONAL ACTIVITIES

Minnesota State Bar Association