David Kushner

David A. Kushner is a partner in the firm and Chair of the Labor and Employment Law section. He is also Co-Chair of the Firm’s E-discovery practice group. He advises and represents businesses and municipalities in all aspects of the employment relationship, including equal employment opportunity, civil rights litigation, trade secret protection and litigation, non-compete litigation, defamation litigation, employment policy consultation and drafting, drafting of employment agreements, and lawful documentation of the employment relationship.

David also represents property owners and managers in a variety of Fair Housing and Public Accommodation matters. Although David is a seasoned litigator, he has a passion for advising clients on how to achieve their goals while avoiding litigation altogether.

As part of his litigation-avoidance practice, David spends much of his day on the telephone helping his clients (1) navigate difficult employee terminations, (2) investigate allegations of harassment, discrimination or retaliation, (3) respond to accommodation and FMLA requests in a manner that is lawful but limits business hardship, and (4) respond to the numerous other issues that arise regarding employment.

Experience :

• Obtained summary judgment and early dismissal on behalf of local, regional, and national businesses in numerous discrimination, harassment, retaliation, FMLA, ADA, FLSA and related lawsuits.
• Defended national client in a breach of contract action by a former independent contractor. Following opening statements and cross-examination of plaintiff’s witnesses, obtained dismissal of all of plaintiff’s claims on a motion to strike the plaintiff’s evidence.
• Successfully defended a regional employer in a workplace defamation trial. At the conclusion of the trial, the Court dismissed all of plaintiff’s claims.
• Successfully defended a start-up insurance company against charges of trade secret misappropriation and breach of non-competition agreements.
• Advised and represented numerous employers in the protection of trade secrets, confidential information, and proprietary business information.
• Represented employers facing charges of discrimination before the Equal Employment Opportunity Commission, consistently obtaining “no cause” determinations on behalf of the employers.
• Successfully represented clients before the Supreme Court of Virginia, the United States Court of Appeals for the Fourth Circuit, and Federal District Courts throughout the mid-Atlantic.

Education :

• J.D., University of Virginia, 2005
• B.A., University of Virginia, with distinction, 2002

Memberships :

• Virginia State Bar
• Federal Bar Association
• Norfolk Portsmouth Bar Association
• Hampton Roads Society for Human Resource Management

Admitted to Practice :

• Supreme Court of the United States
• U.S. Court of Appeals for the Fourth Circuit
• United States District Court for the Eastern District of Virginia
• Supreme Court of Virginia and all lower state courts

Leadership :

• Chair, Labor & Employment Law Section
• Co-Chair, E-discovery Practice Group
• Previous Director: American Red Cross of Southeastern Virginia, Big Brothers and Big Sisters of South Hampton Roads, and The Hampton Roads Society for Human Resource Management
• Current Board of Directors: United Jewish Federation of Tidewater
• CIVIC Leadership Institute, Class of 2016