David G. Waytz

David is a skilled advice lawyer who counsels employers on tough employment issues from hiring and firing and everything in between.

David helps employers manage risk and works to ensure that his clients stay on top of the rapidly changing employment landscape. He regularly counsels employers on compliance with federal, state, and local employment laws, helping clients navigate complex regulatory requirements and minimize risk. David’s proactive approach to employment counseling helps clients anticipate and resolve potential issues before they escalate, fostering positive employee relations and supporting organizational goals.

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.
• Drafts employment agreements, severance agreements, non-compete agreements, employee handbooks, and other employer policies.
• Evaluates risk regarding non-compete agreements and counsels employers on hiring employees subject to such agreements.
• Conducts workplace training and internal investigations.
• Helps clients implement comprehensive policies for protecting trade secrets and confidential information.

Dispute Resolution

• Assists with local, state, and federal discrimination charges. Has secured no probable cause findings on numerous charges.
• Helps clients respond to demand letters and pre-suit negotiations.
• Represents employers in mediation and other pre-suit resolution procedures.

Prior Litigation Experience

• Briefed, argued and obtained motion to dismiss a multi-count discrimination lawsuit in Federal Court.
• 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.

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.

Education

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

Admissions

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

• Minnesota Super Lawyers Rising Star, Employment & Labor, 2018-2022
• North Star Lawyer, Minnesota State Bar Association, 2013-2014
• Robert S. Pasley Memorial Prize for Scholarship in Law and the Humanities
• CALI Award: Biblical Law

Community Presence

• Temple Israel, Board of Directors, 2022-present

Professional Activities

• Minnesota State Bar Association
• Cornell Journal of International Law, General Editor