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.

Services

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.

Credentials

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

Recognition

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

Civic & Professional

Professional Activities

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

News & Insights

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’s Annual Employment & Labor Law Seminar, October 27, 2020

Co-Presenter, “Marijuana and the Workplace: Almost Everything You Need to Know,” Fredrikson & Byron’s 35th Annual 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 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

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