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, 2014-2019
    • Litigation – ERISA, 2015-2019
    • Employment Law – Management, 2019
    • Lawyer of the Year, Litigation – ERISA [Nashville], 2018
  • Super Lawyers®
    • Mid-South Super Lawyers, Employment & Labor, 2013-2018
    • 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)
  • 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 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.

Papers, Presentations, & Publications

  • 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.
  • 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.
  • More...