Overview

David Mordkoff is an experienced litigator and trusted advisor who helps employers find creative yet practical solutions to their most challenging employment law problems.

Employers turn to David to represent them in state and federal courts on a range of issues, including harassment, discrimination, retaliation, employee poaching/raiding, restrictive covenant, and trade secret matters. He also defends employers in public accommodation matters, including ADA website accessibility disputes. When allegations of discrimination and sexual harassment in the workplace arise, David conducts thorough internal investigations on behalf of management.

As a legal advisor, David counsels employers on workplace and employment law issues, such as hiring practices, employee discipline and termination, workplace accommodations, FMLA and similar state law leave issues, and reductions in force. He also drafts employment policies and procedures, as well as employee handbooks and manuals.

Read more

In addition, David has devoted significant time to pro bono causes. His past pro bono work includes advocating for veterans in their claims for disability benefits from the Department of Veterans Affairs and working with a non-partisan voting rights project run by a civil rights organization.

Before joining Epstein Becker Green, David was the Vice President and Assistant General Counsel at a consumer e-commerce and technology company and its only in-house employment lawyer. He directly advised the company’s CEO, CFO, and Chairman on litigation and other legal matters. Previously, David worked as a business litigation attorney at an East Coast law firm, where his practice focused on a broad range of commercial and employment litigation matters, with an emphasis on disputes in the professional sports and financial services industries.

While at law school, David was on the editorial board of Virginia Law Review and served as an Articles Editor of the Virginia Sports and Entertainment Law Journal. Before going to law school, he was an editorial assistant and writer for the sports department of the world’s largest news agency.

Read less

Focus Areas

Experience

Results may vary depending on your particular facts and legal circumstances.

  • Negotiated and drafted a cost-effective settlement for a corporate client in an “employee raiding” dispute. David obtained a settlement without drafting a pleading six weeks after sending an initial letter threatening litigation.
  • Defended a hospital against whistleblower and employment discrimination claims filed by its former head of security. David worked with all levels of employees, from senior managers to maintenance staff.
  • Represented four salesmen and their new employer in non-compete litigation against the salesmen’s former employer.
  • Defended an auto parts distributor in a trade secret lawsuit alleging violations of the Computer Fraud and Abuse Act and state law for a former employee's theft of source code and business data. David deposed the plaintiff’s cybersecurity and damages experts and drafted a successful Daubert motion striking damages report.
  • Provided advice to an e-commerce retailer during the pandemic on handling COVID-19-related workforce challenges, including complying with COVID-19 regulations and requirements and instituting a reduction in force.

Credentials

Education

  • University of Virginia School of Law (J.D., 2008)
    • Virginia Law Review, Editorial Board
    • Virginia Sports and Entertainment Law Journal, Articles Editor
  • Princeton University (A.B., 2001)

Bar Admissions

  • District of Columbia
  • New Jersey
  • New York

Court Admissions

  • U.S. Court of Appeals for the Second Circuit
  • U.S. Court of Appeals for the Third Circuit
  • U.S. District Court, District of Columbia
  • U.S. District Court, District of New Jersey
  • U.S. District Court, Eastern District of New York
  • U.S. District Court, Northern District of New York
  • U.S. District Court, Southern District of New York

Professional & Community Involvement

  • New York County Bar Association
  • New York State Bar Association
  • Sports Lawyers Association

Insights

View All Insights
Jump to Page

Privacy Preference Center

When you visit any website, it may store or retrieve information on your browser, mostly in the form of cookies. This information might be about you, your preferences or your device and is mostly used to make the site work as you expect it to. The information does not usually directly identify you, but it can give you a more personalized web experience. Because we respect your right to privacy, you can choose not to allow some types of cookies. Click on the different category headings to find out more and change our default settings. However, blocking some types of cookies may impact your experience of the site and the services we are able to offer.

Strictly Necessary Cookies

These cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these cookies, but some parts of the site will not then work. These cookies do not store any personally identifiable information.

Performance Cookies

These cookies allow us to count visits and traffic sources so we can measure and improve the performance of our site. They help us to know which pages are the most and least popular and see how visitors move around the site. All information these cookies collect is aggregated and therefore anonymous. If you do not allow these cookies we will not know when you have visited our site, and will not be able to monitor its performance.