Overview

David handles litigation and trials in federal and state courts and arbitrations around the country for clients across a broad range of industries and economic sectors. David has a deep focus on employee benefits and ERISA litigation. He has particular experience litigating stock drop and other fiduciary claims, Taft-Hartley multiemployer pension and welfare benefit plan claims, withdrawal liability and control group issues, ESOP issues, plan interpretation issues, preemption issues, and service provider issues on behalf of Plan sponsors. He also has litigated a variety of deferred compensation and severance arrangements in courts across the country.

David also brings a unique perspective to his other specialty, class action litigation, by having led the defense of class actions involving ERISA, deceptive trade practices, publicly traded securities, and defending against class claims under the Telephone Consumer Protection Act. David defends class and collective action claims under the FLSA and state wage and hour laws and has represented several employers guarding against trade secret misappropriation and non-competition issues, including protecting against raiding and other unfair competition claims, also in courts around the country.

Honors & Recognitions

  • Best Lawyers in America® (2019), ERISA Litigation

Professional & Civic Associations

  • American Employment Law Council, Member 

About Me

Outside of the office, David enjoys spending time outdoors and elsewhere with his wife, Stephanie, their three children, Sydney, Leo, and Elliot, and the family’s two Jack Russell terriers, Huxley and Olive.

Published Decisions

Published Decisions

  • Obtained summary judgment for members of employee stock ownership plan’s administrative committee in multi million dollar claim for benefits, affirmed on appeal in Wengert v. Rajendran, 886 F.3d 725 (8th Cir. 2018)
  • Obtained summary judgment for large equipment manufacturer and dealer on claims of age discrimination and wrongful termination, affirmed by the Nebraska Supreme Court in Oldfield v. Nebraska Mach. Co., 296 Neb. 469, 894 N.W.2d 278 (2017)
  • Defeated challenge from losing bidders on behalf of successful bidder for Nebraska’s comprehensive Medicaid managed-care program for physical health, behavioral health, and pharmacy services in Coventry Health Care of Nebraska, Inc. v. Nebraska Dep’t of Admin. Servs., No. 4:16CV3094, 2016 WL 4435197 (D. Neb. Aug. 19, 2016)
  • Obtained trial verdict against former employee for breach of confidentiality, affirmed by Nebraska Supreme Court in First Express Servs. Grp., Inc. v. Easter, 286 Neb. 912, 840 N.W.2d 465 (2013)

News & Analysis

Speaking Engagements & Industry Publications

Blogs & Videos

Education

Creighton University School of Law

  • J.D., magna cum laude, 2005
  • Student Articles Editor, Creighton Law Review

University of Nebraska

  • B.A., English, 1993

Bar & Court Admissions

  • California, 2019
  • Nebraska, 2005
  • U.S. Supreme Court
  • U.S. Court of Appeals for the 8th Circuit
  • U.S. District Court for the Central District of California
  • U.S. District Court for the Eastern District of California
  • U.S. District Court for the Northern District of California
  • U.S. District Court for the Southern District of California
  • U.S. District Court for the Northern District of Illinois
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