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


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


  • Fellow, College of Labor and Employment Lawyers
  • Martindale-Hubbell®
    • AV®- Preeminent™ Peer Review Rated, 2008-2022
  • Best Lawyers in America®
    • Litigation – Labor & Employment, 2014-2023
    • Litigation – ERISA, 2015-2023
    • Employment Law – Management, 2018-2023
    • Lawyer of the Year, Litigation – ERISA [Nashville], 2018, 2020, 2022
  • 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...

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


  • 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.

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...

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