David has 20 years of experience practicing litigation in a variety of practice areas, including labor and employment, commercial, intellectual property, and products liability matters. 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

  • 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

  • Martindale-Hubbell®
    • AV®- Preeminent™ Peer Review Rated, 2008-2017
  • Best Lawyers in America®
    • Litigation – Labor & Employment, 2014-2017
    • Litigation – ERISA, 2015-2017
  • Super Lawyers®
    • Mid-South Super Lawyers, 2013-2017
    • Mid-South Rising Stars, 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)
  • Co-Editor, Tennessee Employment Law Newsletter (BLR) (2014-present)
  • Tennessee Chapter Editor, Covenants Not to Compete: A State-by-State Survey (BNA) (2013-present)
  • More...

Education & Honors

  • Vanderbilt University, 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.

Papers, Presentations, & Publications

  • Handling workplace vigilantes
  • Office politics: preventing disruptive political discourse
  • Walking the workplace proselytizing tightrope
  • The nuts and bolts of noncompete agreements
  • Avoiding snares in workplace wellness programs
  • Tips on employee raiding for Tennessee employers
  • Author, “When Does Preparing to Compete Cross the Line,?” BizLitNews Blog, March, 2017.
  • Presenter, "Whistleblowing in Tennessee: Update on Retaliatory Discharge and the TPPA," Webinar, September 2016.
  • Presenter, “Attorneys’ 2016 Employment Law Update: Latest from the Tennessee Legislature and Courts.” Webinar, May 2016.
  • More...