David Warner's practice focuses on the resolution and litigation of complex labor, employment, and business disputes. He represents and counsels both private and public sector clients, with a particular emphasis on the government contractor and nonprofit industries.
Business Litigation: Mr. Warner routinely represents companies in commercial litigation matters, often concerning the enforcement of management rights in regard to restrictive covenants, trade secrets, business conspiracy and procurement integrity laws. Representative engagements include:
Lead counsel in $21 million breach of service contract action
Lead counsel in $8 million breach of teaming agreement action
Lead counsel for government contractor in breach of contract, Unfair Trade Practices Act, and fraud claims against prime contractor; matter resolved before filing of complaint with full recovery to client
Lead counsel in prosecution of breach of duty of loyalty and trade secret claims against medical supply sales representative in Maryland
Representation of telecommunications contractor in prosecution of business conspiracy, copyright, breach of duty of loyalty, and trade secrets claims against former employee and competitor; matter resolved prior to trial with more than $4 million paid to client
Government Contractor Compliance and Audits: Mr. Warner has extensive experience advising government contractors in compliance matters, audits, and litigation with the federal government regarding E.O. 11246, the Davis-Bacon Act and Service Contract Act. Representative engagements include:
Lead attorney in negotiation of 75% reduction of multi-million dollar back pay demand (levied prior to client's engagement of Venable) on behalf of one of the fifty largest private employers in the United States; directed compliance efforts resulting in successful conclusion of multi-year conciliation agreement
Lead attorney in successful resolution of defense contractor audit, which included significant issues concerning pay equity in salaried ranks
Lead attorney in training of executives and senior leadership regarding affirmative action, diversity, and talent management best practices at Fortune 100 company
Represented multi-billion dollar services company in successful resolution of OFCCP glass ceiling audit
Represented national financial services company in defense of claims of systemic hiring discrimination brought by OFCCP
Represented multi-billion dollar food manufacturing company in successful resolution of OFCCP glass ceiling audit
Employment Counseling: Mr. Warner's practice includes counseling employers on labor and employment related matters in order to minimize potential litigation risk. In addition to day-to-day counseling on employment actions, Mr. Warner provides guidance regarding the design and implementation of effective and defensible application, hiring, promotion, and compensation practices, including conducting comprehensive audits of personnel practices to proactively identify and remediate issues that could give rise to class claims. Mr. Warner also advises companies in cross-border employment matters, including the design and implementation of expatriate employment agreements, application of U.S. laws to foreign-based employees, and related issues. Representative engagements include:
Design and implementation of ex-pat employment agreements for employees located in Iraq, Afghanistan, Africa, Central and South America, and the Caribbean
Investigation and resolution of harassment allegations of foreign employees in Africa
Negotiation of 70% reduction of back-pay and benefits demanded by United Mine Workers of America under the federal Worker Adjustment and Retraining Notification ("WARN") Act following shutdown of mining facility
Design and implementation of strategic corporate diversity initiatives for company with 100,000+ employees
Design and implementation of application and selection processes for 5,000+ management positions at Fortune 100 company
Training of executives and senior leadership regarding talent management best practices at Fortune 100 company
Comprehensive equity analysis of management pay at Fortune 500 company, including implementation of remedial adjustments to employee compensation
Employment Litigation: Mr. Warner routinely represents employers in litigation concerning alleged violations of the FLSA and state wage and hour laws, Title VII, the ADA, ADEA, and other federal and state laws prohibiting discrimination and retaliation. Mr. Warner’s litigation experience includes complex class action litigation, brought by both private claimants and government agencies, involving extensive electronic discovery and statistical analyses. Representative engagements include:
Serving as lead defense counsel in nationwide promotions class action pending before the Equal Employment Opportunity Commission (EEOC)
Lead defense counsel in successful opposition to class certification in five putative class actions before the EEOC
Lead defense counsel in hostile work environment and retaliatory discharge matter
Member of defense trial team for what would have been the largest employment discrimination class action ever tried to a jury had the matter not resolved – following a significant defense victory on motions in limine – on the eve of trial
Lead defense counsel for successful defense of several discrimination and wrongful termination claims filed in the District of Columbia against national hotel chain under private ADR agreement.
