Biography

David Prager works with large and medium-sized employers to solve their employment problems so they can focus on their business. Whether he is litigating unfair competition, non-compete, or trade secret matters, or defending discrimination and harassment cases, clients credit David’s efficient and results-driven approach. A thoughtful and creative litigator, David routinely finds ways to dispose of claims against his clients early, considerably reducing their exposure.

David also serves as a trusted advisor to clients, and he regularly counsels them on such personnel issues as employee hiring, discipline, termination, accommodation, leaves of absence, and wage and hour compliance.

Outside of his legal practice, David is involved with the L.A. LEGGERS, one of the largest nonprofit marathon training and distance running organizations in California. He currently sits on the board of directors and serves as President of the organization.

Experience

  • Defeated two requests for a temporary restraining order and a motion for a preliminary injunction on behalf of a consulting company and its principals in a trade secret/non-compete dispute. David successfully argued that the plaintiff had failed to identify any cognizable trade secrets and was unlikely to prevail on the merits of its claims. David also successfully argued that the plaintiff could not enforce an overbroad non-solicitation clause under California Business and Professions Code 16600—an argument approved of by the California Court of Appeal in a separate matter over five years later.
  • Obtained summary judgment in federal court on whistleblower retaliation claims by a former officer and director of a manufacturing and industrial client. David successfully argued that a company intent on firing an employee for whistleblowing activities would not pass up on the opportunity to do so when suspected wrongdoing against the officer was initially uncovered (the company instead terminated him when he failed to cooperate with the subsequent investigation into those claims).
  • Obtained an unqualified, voluntary dismissal of a complaint for fraud seeking $1,400,000 in damages against a former officer and director client after filing a summary judgment motion arguing that the complaint’s allegations, the discovery responses, and the deposition testimony provided by the plaintiff were false.
  • Secured a $250,000 settlement on behalf of an employer-client against a former high-level employee accused of unfair competition, breach of duty of loyalty, breach of contract, and the misappropriation of trade secrets. David subpoenaed an out-of-state third-party witness, who produced documents damaging to the defendant’s position, resulting in a settlement of the matter shortly after the documents were produced. 
  • Obtained a voluntary dismissal of the entire action in a discrimination case by filing a motion for sanctions against the plaintiff, arguing that the plaintiff had already admitted she was no longer employed by the client at the time of the alleged discrimination.
Education
  • University of California, Hastings College of the Law (J.D., cum laude, 2010)
  • University of California, San Diego (B.S. and B.A., 2006)
Bar Admissions
  • California
Court Admissions
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. Court of Appeals for the Eleventh Circuit
  • U.S. District Court, Central District of California
  • U.S. District Court, Northern District of California
  • U.S. District Court, Southern District of California
Memberships
  • Los Angeles County Bar Association
  • L.A. LEGGERS, President; Board of Directors
Recognition