Overview

David is a trial attorney who has tried cases across a broad range of employment and other issues, including trade secrets, employee benefits and compensation matters, defamation, business-to-business litigation, and contractual disputes. David came from a full-service firm and has represented clients as plaintiffs and defendants, which enables him to see lawsuits through his opponent’s eyes and prepare. David has represented clients across a variety of industries and economic sectors, which gives him added insight and sensitivity to the business needs of his clients.

David’s experience spans single plaintiff and class actions involving ERISA, the Fair Credit Reporting Act, deceptive trade practices, and publicly traded and private securities. David also defends class and collective action claims under the FLSA and state wage and hour laws. Throughout his career has represented employers guarding against trade secret misappropriation and non-competition issues, including raiding claims and other unfair competition claims in courts around the country.

From the beginning of his career, David has maintained a deep focus on employee benefits and ERISA litigation and is co-chair of Constangy’s ERISA Litigation Practice Group. He has wide-ranging experience in the field, having represented publicly traded and private employers, owners, boards of directors, and plan fiduciaries and trustees across the country in cases involving 401(k) plans, pension plans, ESOPS, health and welfare plans, Taft-Hartley multi-employer pension and welfare benefit plan claims, “Top-Hat” Plans and other forms of executive compensation, deferred compensation, and severance arrangements.

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.

Representative Matters

Representative Matters

  • Obtained jury verdict for manufacturing employer against former employer asserting claims for severance and other compensation under contract and state wage claim laws
  • Obtained jury verdict for agricultural client against former CEO asserting compensation and benefits claims
  • Obtained jury verdict for banking employer against former employees for breach of confidentiality agreement and customer raiding claims
  • Obtained jury verdict for national freightliner dealer in breach of contract case
  • Obtained defense verdict for former employee accused of conversion and other misappropriation of company property in bench trial
  • Obtained defense verdict for former executive in private arbitration against national brokerage firm on contractual and defamation claims arising under severance agreement in bench trial
  • 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 bench trial
  • Obtained verdict for medical provider against State agency on compensation and benefits claims in ALJ trial
  • Obtained defense verdict for former FINRA broker against large brokerage house on claims against broker and award of damages on counterclaim for defamation in FINRA arbitration
  • Obtained summary judgment for members of employee stock ownership plan’s administrative committee in multi-million dollar claim for benefits
  • Obtained summary judgment for large equipment manufacturer and dealer on claims of age discrimination and wrongful termination

News & Analysis

Client Presentations & Firm Publications

Speaking Engagements & Industry Publications

Blogs, Videos & Podcasts

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 District of Nebraska
  • U.S. District Court for the Northern District of Illinois
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Here we grow again! Constangy is pleased to welcome 32 experienced attorneys in a significant expansion of the firm’s Cybersecurity & Data Privacy practice. The attorneys who will be joining the Constangy Cyber Team are located across 17 cities in 12 states, and are driving the opening of new offices for Constangy in Baltimore, Indianapolis, Philadelphia, Portland, Seattle and Washington, D.C. To learn more about the Constangy Cyber Team, click here.