David J. Walton is a skilled trial lawyer and litigator with a deep understanding of technology and its impact on litigation and he applies his knowledge of computer forensics to assist clients in their most high-stakes litigation.
His work has been recognized in national circles. Professor Adam Grant focused on one of Dave’s notable trials in his best-selling book, Give and Take and the Huffington Post has described Dave as a “phenomenally successful trial lawyer.”
Dave is chair of Cozen O’Connor’s Cyber Solutions & Data Strategies group. He has been hired as national e-discovery counsel by several major organizations and uses his trial experience to design and implements document retention policies, and customized protocols for preserving and collecting ESI. Dave also provides wide-range training to clients on proactive measures and best practices to effectively resolve e-discovery issues and significantly reduce costs.
As a member of the firm’s Labor and Employment Department, Dave has more than 20 years of experience successfully litigating the full gamut of employment discrimination claims, including class actions and individual claims. He has won seven trial verdicts, numerous injunctions and secured substantial settlements for his clients against some of the largest and most recognized law firms in the country.
Dave has a wealth of experience in handling trade secret and non-compete litigation. He understands that time is particularly of the essence in these matters, and works tirelessly to learn the clients’ business, and marshal the facts and evidence needed to reach a favorable result, as quickly as possible.
Additionally, Dave has extensive experience successfully litigating ERISA claims relating to fiduciary duties and benefits. Dave represents C-level executives in matters involving their employment contracts and executive compensation and has worked with many private equity firms to negotiate executive employment agreements as part of new business ventures.
While his primary substantive focus is labor & employment law, Dave has also litigated numerous commercial cases concerning bet-the-company litigation relating to complicated technologies. As former co-chair of the firm’s Privacy, Data & Cybersecurity practice, Dave has significant experience handling cybersecurity breaches and privacy litigation.
He also regularly consults with clients in the development of cybersecurity policies and protocols. Dave’s deep knowledge of technology is a key asset for his clients, especially as technology has had a greater impact on the workplace.
In addition to his litigation experience, Dave also has extensive experience negotiating collective bargaining agreements and handling labor arbitrations. He has helped clients successfully withdraw from multi-employer pension plans, he has defended numerous NLRB charges, and he has secured numerous mass-picketing injunctions in hostile labor environments.
Dave is a frequent speaker at national conferences on trade secret litigation, digital forensics, e-discovery and cyber law, and has published numerous articles on these topics. He is an active member of The Sedona Conference and a contributing member of the organization’s drafting team on proportionality.
Additionally, Dave is a member of the labor and employment law committees of the American and Pennsylvania Bar Associations. Dave earned a B.S. in Communications from Ithaca College in 1991, where he played varsity baseball receiving numerous all-state and all-conference honors.
Dave earned his law degree, with honors, from the University of Richmond School of Law in 1995, where he was awarded the Sheppard Scholarship. At Richmond, Dave served as an editor of the University of Richmond Law Review, and won the American Jurisprudence and Corpus Juris Secundum Book Awards for Civil Procedure.
- Won a record $7 million jury award based on a three-week jury trial, also proving extensive spoliation against the defendants, which secured a permissive-inference jury instruction at trial. It is believed that this $7 million jury award is the largest ever for a claim under the Pennsylvania Uniform Trade Secrets Act.
- Successfully defended a large real estate company against claims of tortious interference with contract, breach of a non-solicit agreement, breach of fiduciary duty, and unfair competition claims.
- Secured a TRO for an international sales company where an employee suddenly resigned, then joined a competitor while taking confidential information and trade secrets. After the court granted a temporary restraining order for our client, the parties reached a favorable settlement.
- Secured a TRO for client against four former employees, all of whom joined the same competitor and, in doing so, retained and/or took massive amounts of confidential information and trades secrets.
- Won preliminary injunctive relief on behalf of a Pennsylvania-based client in the wellness industry that faced efforts by MGM Resorts International and Life Time Fitness, Inc. to develop a competing business in Las Vegas. This result was secured in federal court in Nevada and led to a favorable settlement.
- University of Richmond School of Law, J.D., 1995
- Ithaca College, B.S., 1991
BAR ADMISSIONS : New Jersey; Pennsylvania; Virginia
COURT ADMISSIONS :
- U.S. Court of Appeals for the Fourth Circuit
- U.S. District Court — Eastern District of Virginia
- U.S. District Court — Middle District of Pennsylvania
- U.S. District Court — New Jersey
- U.S. District Court — Western District of Virginia
- American Bar Association
- Montgomery Bar Association
- Pennsylvania Bar Association
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