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David Fisher is counsel in the Labor & Employment Practice Group of Davis & Gilbert. He represents companies in all aspects of labor and employment law. Mr. Fisher advises clients with respect to a broad range of matters, including employment agreements, contract issues, terminations, reductions in force, wage and hour issues, sexual harassment investigations, and personnel policies. In addition, he represents employers in federal and state court actions and before administrative agencies related to breach of contract, breach of fiduciary duty, restrictive covenants, and employment discrimination.

Mr. Fisher has been recognized by The Legal 500 United States in the area of labor and employment: workplace and employment counseling for four consecutive years (2016-2019).

REPRESENTATIVE ENGAGEMENTS

  • Assisted a global wholesale and reinsurance in developing a nationwide retention program for its key employees that included the creation of enforceable restrictive covenants / agreements in jurisdictions throughout the United States.
  • Assisted multiple media and advertising clients in responding to unemployment insurance and workers’ compensation audits conducted by the New York State Department of Labor and California’s Employment Development Department.
  • Won a motion for summary judgment for a chauffeured limousine service, affirmed by the U.S. Court of Appeals for the Second Circuit, dismissing a lawsuit alleging age and national origin discrimination and retaliation.
  • Represented a global financial brokerage business against claims that it hired an employee of a competitor in violation of a non-competition agreement.

SPEAKING ENGAGEMENTS

Ivory Forum, American Association of Advertising Agencies, May 20, 2020

"Non-Competes, Non-Solicitation Restrictions and Confidentiality Agreements: Recent Legal Developments and Best Practices," Davis & Gilbert Counsel 2U®: Labor & Employment Seminar, February 2020

"Back To Basics: Overtime Classification Requirements and Its Application to Remote Employees," Davis & Gilbert Labor & Employment Seminar, March 2019

"How to Navigate Harassment Claims in the 'MeToo' Environment," Davis & Gilbert Labor & Employment Seminar, April 2018

"Pay Equity: A Practical Guide," Welch Consulting & Davis & Gilbert Breakfast Seminar, June 6, 2017

"Hot Topics in Labor & Employment Law: The Trump Administration, Upcoming NY State and City Law Changes, Benefits Regulations and More," Davis & Gilbert Labor & Employment Seminar, March 2017

"Avoiding and Defending Against the Latest Claims Arising from Meal and Rest Break Violations, Travel Time/Waiting Time, ‘On Call’ Issues and Beyond," American Conference Institute's 29th National Forum on Wage & Hour Claims and Class Actions, January 26-27, 2017

PUBLICATIONS

Co-Author, "Protective Covenant Considerations in the COVID-19 Era," D&G Employment Litigation Alert, May 2020

Co-Author, "California Employee Non-Solicitation Provisions Face Unpredictability," D&G Labor & Employment Alert, March 2019

Co-Author, "New Massachusetts Law Specifies Requirements for Noncompetition Agreements," D&G Labor & Employment Alert, September 2018

PROFESSIONAL MEMBERSHIPS/AFFILIATIONS

New York State Bar Association

BAR ADMISSIONS

New York
U.S. District Court, Southern District of New York
U.S. Court of Appeals, Second Circuit

EDUCATION

Cornell Law School, J.D., 2006
Cornell University, School of Industrial & Labor Relations, B.S., 2003


REPRESENTATIVE ENGAGEMENTS

  • Assisted a global wholesale and reinsurance in developing a nationwide retention program for its key employees that included the creation of enforceable restrictive covenants / agreements in jurisdictions throughout the United States.
  • Assisted multiple media and advertising clients in responding to unemployment insurance and workers’ compensation audits conducted by the New York State Department of Labor and California’s Employment Development Department.
  • Won a motion for summary judgment for a chauffeured limousine service, affirmed by the U.S. Court of Appeals for the Second Circuit, dismissing a lawsuit alleging age and national origin discrimination and retaliation.
  • Represented a global financial brokerage business against claims that it hired an employee of a competitor in violation of a non-competition agreement.

SPEAKING ENGAGEMENTS

Ivory Forum, American Association of Advertising Agencies, May 20, 2020

"Non-Competes, Non-Solicitation Restrictions and Confidentiality Agreements: Recent Legal Developments and Best Practices," Davis & Gilbert Counsel 2U®: Labor & Employment Seminar, February 2020

"Back To Basics: Overtime Classification Requirements and Its Application to Remote Employees," Davis & Gilbert Labor & Employment Seminar, March 2019

"How to Navigate Harassment Claims in the 'MeToo' Environment," Davis & Gilbert Labor & Employment Seminar, April 2018

"Pay Equity: A Practical Guide," Welch Consulting & Davis & Gilbert Breakfast Seminar, June 6, 2017

"Hot Topics in Labor & Employment Law: The Trump Administration, Upcoming NY State and City Law Changes, Benefits Regulations and More," Davis & Gilbert Labor & Employment Seminar, March 2017

"Avoiding and Defending Against the Latest Claims Arising from Meal and Rest Break Violations, Travel Time/Waiting Time, ‘On Call’ Issues and Beyond," American Conference Institute's 29th National Forum on Wage & Hour Claims and Class Actions, January 26-27, 2017

PUBLICATIONS

Co-Author, "Protective Covenant Considerations in the COVID-19 Era," D&G Employment Litigation Alert, May 2020

Co-Author, "California Employee Non-Solicitation Provisions Face Unpredictability," D&G Labor & Employment Alert, March 2019

Co-Author, "New Massachusetts Law Specifies Requirements for Noncompetition Agreements," D&G Labor & Employment Alert, September 2018

PROFESSIONAL MEMBERSHIPS/AFFILIATIONS

New York State Bar Association

BAR ADMISSIONS

New York
U.S. District Court, Southern District of New York
U.S. Court of Appeals, Second Circuit

EDUCATION

Cornell Law School, J.D., 2006
Cornell University, School of Industrial & Labor Relations, B.S., 2003