David L. Johnson
Office Information
David has more than 20 years of experience practicing litigation in a variety of practice areas, including labor and employment, commercial, and products liability matters. A Fellow in the College of Labor and Employment Lawyers, he has particularly extensive experience in non-compete and trade secret matters, as well as appellate and motion practice.
Biography – View PDF Bio
- Associations
- Bar Admissions
- Distinctions
- Education & Honors
- Experience
- In the News
- Papers, Presentations, & Publications
- Recent Blogs
Bar Admissions
- Tennessee, 1997
- U.S. District Courts
- Tennessee: Eastern, Middle, Western
- U.S. Court of Appeals
- 6th Circuit
- 8th Circuit
- Federal Circuit
- U.S. Supreme Court
Distinctions
- Fellow, College of Labor and Employment Lawyers
- Martindale-Hubbell®
- AV®- Preeminent™ Peer Review Rated, 2008-2017
- Best Lawyers in America®
- Litigation – Labor & Employment, 2014-2021
- Litigation – ERISA, 2015-2021
- Employment Law – Management, 2018-2021
- Lawyer of the Year, Litigation – ERISA [Nashville], 2018, 2020
- Benchmark Litigation
- Labor & Employment Star, 2019, 2021
- Super Lawyers®
- Mid-South Super Lawyers, Employment & Labor, 2013-2020
- Mid-South Rising Stars, Employment & Labor, 2010-2012
- Spearheaded addition of Rule 72 to the Tennessee Rules of Civil Procedure
- Co-Editor, American Bar Association Business Torts Journal, (2012-2016)
- Editor-in-Chief, Employment at Will: A State-by-State Survey (BNA) (2016-present)
- Co-Editor, American Bar Association Business Torts Journal (2012-2016) More...
- Co-Editor, Tennessee Employment Law Newsletter (BLR) (2014-present)
- Tennessee Chapter Editor, Covenants Not to Compete: A State-by-State Survey (BNA) (2013-present)
- Tennessee Chapter Editor, Trade Secrets: A State-by-State Survey (BNA) (2013–present)
- Tennessee Chapter Editor, Tortious Interference in the Employment Context: A State-by-State Survey (BNA) (2013-present)
- Tennessee Chapter Editor, Employee Duty of Loyalty: A State-by-State Survey (BNA) (2013-present)
- Chair, Tennessee High School Mock Trial Competition, 2004
- American Bar Association, Young Lawyers Division Star of the Year Award, 2007
- Tennessee Bar Association, Young Lawyers Division Outstanding Service Award, 2007
- Tennessee Bar Association, Young Lawyers Division Star of the Quarter Award, 2006-2007
Education & Honors
- Vanderbilt University Law School, J.D., 1997
- Associate Managing Editor, Vanderbilt Law Review
- Wake Forest University, B.A., 1993
- Clerkship, Justice Frank Drowota, Tennessee Supreme Court, 1998-1999
- Clerkship, Judges W. Frank Crawford and Holly Kirby, Tennessee Court of Appeals, 1997-1998
Experience
- Favorable result for a condemnation authority in an eminent domain jury trial in 2016.
- Successful verdict obtained as first chair of a construction trial believed to be the longest trial in the history of the Wilson County, Tennessee Chancery Court.
- Successfully represented numerous clients at injunction hearings involving non-compete agreement and trade secrets allegations.
- Successfully obtained an appeal of a multi-million dollar jury verdict against an assisted living facility.
- Prevailed in web domain dispute involving 66 domain names in what is believed to be among the lengthiest arbitration rulings in National Arbitration Forum history (No. FA1406001563720, NAF July 30, 2014).
- Participated in briefing of case in which U.S. Supreme Court granted certiorari.
- Briefed and/or argued approximately 30 cases in federal and state appeals courts.
In the News
- 86 Butler Snow Attorneys Listed in 2020 Mid-South Super Lawyers® and Rising Stars
- Benchmark Litigation U.S. 2021 Recognizes 20 Butler Snow Attorneys
- 198 Butler Snow Attorneys Recognized in The Best Lawyers in America® 2021
- Butler Snow Attorney David L. Johnson Elected as Fellow of College of Labor and Employment Lawyers
- 93 Butler Snow Attorneys Listed in 2019 Mid-South Super Lawyers and Rising Stars
- Three Butler Snow Attorneys to Present at HR Comply 19
- 5 Butler Snow Nashville Lawyers Year’s Best - The Nashville Ledger
- 173 Butler Snow Attorneys Named in Best Lawyers® 2020, 19 Named “Lawyer of the Year”
- David L. Johnson and Richelle W. Kidder to Speak at the Tennessee Bar Association’s 2019 Federal Practice Forum More...
- Kara E. Shea and David L. Johnson to Present 2019 Family and Medical Leave Act Master Class
- David L. Johnson to Moderate Panel at American Bar Association’s 2019 Negotiation Institute
- David L. Johnson to Present at Nashville Bar Association Seminar
- David L. Johnson and Kara E. Shea to Speak at Nashville Seminars
- 106 Butler Snow Attorneys Listed in 2017 Mid-South Super Lawyers and Rising Stars
- 147 Butler Snow Attorneys Named in Best Lawyers®, 18 Named “Lawyer of the Year”
- 102 Butler Snow Attorneys List in 2015 Mid-South Super Lawyers and Rising Stars
- 117 Butler Snow Attorneys Listed in 2013 Mid-South Super Lawyers®
Papers, Presentations, & Publications
- Author, "6th Circuit clarifies when increased scrutiny may show unlawful retaliation," Tennessee Employment Law Letter, September 2020.
- Presenter, “Responding to the COVID-19 Threat in the Workplace,” BLR Webinar, June 18, 2020.
- Presenter, “Unfair Competition in the Workplace: An Update on Restrictive Covenants Agreements, Corporate Raiding, Duty of Loyalty, and Tortious Interference,” Association of Corporate Counsel Tennessee, Knoxville, Tenn., October 15, 2019.
- Author, “Expert Disclosures: Navigating the Distinction Between Retained and Non-Retained Experts,” Pro Te: Solutio, Vol. 12 No. 3, September 2019.
- Author, “Courts find that Memphis and Nashville workers were unlawfully fired for racially-charged Facebook postings,” Nashville Business Journal, September 19, 2019.
- Author, “Preparing to Compete: When does it cross the line?” Flash, American Bar Association of Labor and Employment Law, April 2019.
- Moderator, “Plaintiff Attorneys’ Panel,” American Bar Association, 2019 Negotiation Institute, San Diego, Calif., February 15, 2019.
- Presenter, “Non-Compete Agreements: Tricks or Treats,” Nashville Bar Association, October 29, 2018.
- Co-Author, “Considering Workers’ Comp For Unauthorized Immigrants,” Law360, September 14, 2018. More...
- Co-Author, “Tennessee court gives no quarter to fired undocumented immigrant,” Tennessee Employment Law Letter, August 29, 2018.
- Presenter, “Candidate Poaching: When It’s Smart-and Legal- and When to Steer Clear,” BLR Events, RecruitCon 2018, Nashville, TN, May 11, 2018.
- Author, “TN Court of Appeals upholds $425,000 award in favor of nurse who blew the whistle,” Tennessee Employment Law Letter, November 2017.
- Author, “Managing issues posed by opioids in the workplace,” Tennessee Employment Law Letter, November 2017.
- Author, “Handling workplace vigilantes,” Tennessee Employment Law Letter, August 2017.
- Author, “Office politics: preventing disruptive political discourse,” Tennessee Employment Law Letter, May 2017.
- Author, “When Does Preparing to Compete Cross the Line,?” BizLitNews Blog, March 2017.
- Author, “Tips on employee raiding for Tennessee employers,” Tennessee Employment Law Letter, February 2017.
- Author, “Walking the workplace proselytizing tightrope,” Tennessee Employment Law Letter, November 2016.
- Presenter, "Whistleblowing in Tennessee: Update on Retaliatory Discharge and the TPPA," Webinar, September 2016.
- Author, “Avoiding snares in workplace wellness programs,” Tennessee Employment Law Letter, August 2016.
- Presenter, “Attorneys’ 2016 Employment Law Update: Latest from the Tennessee Legislature and Courts.” Webinar, May 2016.
- Author, “The nuts and bolts of noncompete agreements,” Tennessee Employment Law Letter, May 2016.
- Presenter, “Sticky Wickets in Joint Representation,” ÁBA Section of Labor and Employment, New Orleans, LA, March 2016
- Co-Author, "Can Economic Pressure Alone Give Rise to a Tortious Interference Claim?" American Bar Association, Section on Litigation, Business Torts Journal, August 20, 2015.
- Author, “Ethical Challenges Lurk in Multi-Plaintiff Cases,” American Bar Association Labor and Employment Law Newsletter, Vol. 23, Num. 4, Summer 2015.
- Co-Presenter, "Overcome Compliance and Employee Leave Challenges," 2015 FMLA Masters Class, Nashville, TN, May 12, 2015.
- Author, "Major changes in store for Tennessee wrongful discharge law," Workplace, Vol. 2014, No. 11, September 2014.
- Author, "How To Avoid the Tide of Lawsuits Brought By Foreign Nationals," Pro Te: Solutio, Vol. 7 No. 1, 3-11, March 2014.
- Co-Presenter, "Updates in Retaliatory Discharge," Tennessee Bar Association CLE, May 2014.
- Author, "Effective Use of Non-Competition/Non-Solicitation Agreements In The Workplace," Workplace, Vol. 2013 No. 8, September 2013.
- Co-Presenter, "Covenants Not to Compete: Overview and Drafting Tips for Tennessee Attorneys," webinar, August 2013.
- Author, "Federal Law Provides Enhanced Trade Secret Protection for Employers," Workplace, Vol. 2013 No. 3, April 2013.
- Co-Author, "When Does Preparation to Compete Become Unlawful Conduct?" Business Torts Litigation, Winter 2013, Vol. 20, No. 2.
- Author, "Panelists Address Future of Labor and Employment Practice," Labor and Employment Law, Fall 2012, Vol. 41, No. 1.
- Author, "The Parameters of ‘Solicitation’ in an Era of Non-Solicitation Covenants," 28 ABA Journal of Labor & Employment Law 99, 2012.
- Presenter, "Tennessee Employment Law: Trends, Recent Cases, and New Laws," M. Lee Smith Publishers Webinar, 2012.
- Co-Author, "Independent Contractors: Tennessee," Practical Law Company, November 2012.
- Presenter, "Workplace Harassment: What You Need to Know," American Bar Association Section of Labor & Employment Law Annual Conference, Atlanta, Georgia, 2012.
- Presenter, "To Depose or Not to Depose," American Bar Association Labor & Employment Annual Conference, Seattle, WA, 2011.
- Presenter, "Hot Topics in Tennessee Employment Law," Nashville Bar Association Annual Conference, 2011.
- Presenter, "Tennessee Supreme Court Boot Camp," Tennessee Bar Association, 2011.
- Presenter, "State of the Union: Rule 56 and Rule 12 Motions in Tennessee," Tennessee Farmers Mutual Insurance Company Attorney's Day, 2011.
- Presenter, "Immigration Reform Law/Summary Judgment," Tennessee Chamber of Commerce Webinar, 2011.
- Presenter, "Tennessee Non-Compete and Non-Solicitation Agreements," M. Lee Smith Publishers Webinar, 2011.
- Presenter, "Exploiting Pleading Pitfalls," American Bar Association Labor & Employment Section, 2011.
- Presenter, "Retaliatory Discharge in Tennessee," Tennessee Bar Association Webcast, 2011.
- Presenter, "Employment Contracts in Tennessee," Lorman, 2011.
- Author, "Implementation of Health Care Reform Law Remains Priority," ABA's Labor and Employment Law Newsletter, Winter 2011.
- Author, "Case Study: Inland Am. Winston Hotels v. Crockett," Employment Law 360, June 2011.
- Author, "Paring Peer Review," Tennessee Bar Journal, October 2010.
- Presenter, "Defending a Retaliatory Discharge Claim in Tennessee in Light of Gossett," Tennessee Attorneys Memo, 2010.
- Presenter, "Employment Law Risk Management," 2010 Nashville HR/Finance Conference.
- Presenter, "Lee Medical, Inc. v. Beecher," Tennessee Hospital Association, 2010.
- Presenter, "Tennessee Non-Competes and Non-Solicitations: Latest From the Appellate Courts and Practical Drafting Tips," M. Lee Smith Publishers, 2010.
- Presenter, "Workplace Investigations: Tips to Investigate Employee Complaint," Address Employee Concerns and Mitigate Liability, Nashville Area Chamber of Commerce, 2010.
- Author, "Crawford v. Metropolitan Government of Nashville," ABA's Labor and Employment Law Newsletter, February 2009.
- Presenter, "Exploring Retaliatory Discharge: Answers for Tennessee Attorneys," Tennessee Attorneys Memo, 2009.
- Presenter, "From Union Arbitration to Discrimination Rulings: The Latest on Employment Law from the U.S. Supreme Court," Tennessee Attorneys Memo, 2009.
- Presenter," The Basics: Noncompete Covenants and Trade Secrets, ABA Labor and Employment Section," Employment Rights Responsibilities Committee Mid-Year, Puerto Vallarta, Mexico (2006). Presenter, "Enhancing Your Legal Writing Skills," Tennessee Bar Association, Nashville, TN, 2006.
- Author, "Successor Liability Law in Products Liability Actions," DRI’s For the Defense, December 2005.
- Presenter, "Enforceability of Non-Compete Agreements," Lorman, Nashville, TN, 2005.
- Presenter, "Responsibility for Workplace Subpoenas," Lorman, Nashville, TN, 2005.
- Presenter, "The U.S. Supreme Court Year in Review," ABA Annual Meeting, Chicago, IL, 2005.
- Presenter, "The U.S. Supreme Court Year in Review," ABA Labor and Employment Section, Employment Rights and Responsibilities Committee Mid-Year Meeting, Miami, FL, 2005.
- Presenter, "The ADA/FMLA/Workers' Compensation Bermuda Triangle," ABA Annual Meeting, Atlanta, GA, 2004.
- Presenter, "The ADA/FMLA/Workers' Compensation Bermuda Triangle," Lorman, Nashville, TN, 2004.
- Presenter, "Appellate Advocacy," Tennessee Bar Association, Nashville, TN, 2003.
- Presenter, "The Basics: Noncompete Covenants and Trade Secrets," ABA Annual Meeting, San Francisco, CA, 2003.
- Author, "Attorney's Fees in Trade Secret Litigation," DRI’s Defending Intellectual Property Claims.
- Author, Tennessee portion of DRI’s Trade Secrets Compendium.
- Author, "Supreme Court Reduces First Amendment Protection for Job-Related Speech," ABA's Labor and Employment Law Newsletter.
- Author, "Rabin Finds Pragmatism in Court's Approach," ABA's Labor and Employment Law Newsletter.
- Contributor, Tennessee Employment Law Letter.
- Author, "Reinvigoration of the Market Participant Exception in the Arena of Municipal Solid Waste Management," 49 Vand. L. Rev. 753, 1996.
Recent Blogs
- Employer’s Interests Outweigh Free Speech Rights of Employee Fired for Using Racial Slur
- Managing Office Politics: Avoiding Discord in the Workplace
- Tennessee Court Offers Insights on Viability of Whistleblower Claims
- Sixth Circuit Court of Appeals Provides Guidance as to When Increased Scrutiny May Show Unlawful Retaliation
- Ramping Up to Return to the Workplace in the “Post” Pandemic Environment
- Steps Employers Should Take When Responding to an Employee’s COVID-19 Diagnosis
- Avoiding Pregnancy Discrimination Snares in the Workplace
- #MeToo sexual harassment claims against court clerk go to jury trial
- Nashville Trump Supporter Fired Over Facebook Post Wins Trial More...
- TN Appeals Court Reinstates Hostile Work Environment and Whistleblower Claims
- Middle Tennessee Hospital Pays for Firing Employee Who Refused Flu Shot
- Managing Contagious Diseases In the Workplace
- Court Blows the Whistle on Sevierville Police Officer's TPPA Claims
- The ADA and the Volatile Employee
- TN Court of Appeals offers guidance on when preparing to compete crosses the line
- Tennessee Court of Appeals Tackles Issues Surrounding Preparation to Compete
- Avoiding workplace defamation claims
- New TN Judge Sends Funeral Home Employee's FMLA Claims to Morgue
- Office politics: preventing disruptive political discourse
- Two Federal Courts Of Appeal Find That Title VII Prohibits Workplace Discrimination On The Basis Of Sexual Orientation And Transgender or Transitioning Status
- Welcome to Workplace
- A Tale of Two Cases: LinkedIn Postings as Solicitations
- Tennessee Court of Appeals Finds that Former Employee Breached Non-Compete Agreement Through Actions of His Subordinates
- When Does Preparing to Compete Cross the Line?