Overview
Businesses of all sizes—including financial services firms, advertising and media companies, consulting agencies, insurance companies, managed care organizations, and retail brands—turn to litigation attorney David Clark to zealously represent them in complex business and employment-related disputes before state and federal courts and arbitration tribunals.
David has particular experience handling matters concerning the movement of people and information between different employers, including issues arising out of non-compete and non-solicit agreements (restrictive covenants), trade secrets, and compensation disputes. He approaches each client matter with a focus on practical results, not posturing.
Clients also rely on David to litigate employment-related disputes involving claims of discrimination, harassment, and unpaid compensation, and commercial matters involving breach of contract, fiduciary duty, fraud, unfair competition, corporate governance, securities, RICO, and ERISA issues. David has participated in jury trials and is experienced in class actions, injunction proceedings, and appellate advocacy. He has represented clients in numerous alternative dispute resolution forums, including mediations and arbitrations before the American Arbitration Association, the Financial Industry Regulatory Authority, and the American Health Lawyers Association.
A trusted advisor, David provides guidance and creative strategies on best practices for the preservation and collection of electronically stored information (“ESI”), frequently focusing on forensic investigations of computer data, as well as finding solutions to resolve ESI protocol disputes with opposing counsel. Clients look to David for advice on government investigations and litigations, internal investigations, and regulatory matters. He also helps clients draft restrictive covenants for employment contracts and counsels on the enforcement of restrictive covenants.
David is co-editor of Epstein Becker Green’s Trade Secrets & Employee Mobility Blog. He writes and speaks frequently, including lecturing on restrictive covenants and civil litigation in the firm’s Breakfast Briefing, Webinar Series, and Continuing Legal Education Program.
In his personal life, David enjoys the outdoors (including hiking, cycling, camping, skiing, and swimming) and is an avid soccer fan. He is the committee chairman of his sons’ Boy Scout troop and president of the Harvard Law School Association of New Jersey.
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Focus Areas
Services
Industries
Experience
Results may vary depending on your particular facts and legal circumstances.
- Won a jury verdict and multimillion-dollar judgment for a global financial services/insurance company. David methodically presented documentary evidence and doggedly pursued accurate witness testimony in a three-week trial. Litigating against a former financial advisor asserting multimillion-dollar claims for compensation and wrongful termination, David’s client recovered an unpaid loan balance from the financial advisor.
- Won the dismissal of claims in an administrative forum and achieved a favorable settlement in federal court for an international media company defending against an alienage discrimination claim alleged by a former employee. David conducted extensive briefing on the history and intent of discrimination statutes.
- Negotiated a favorable settlement for a global IT consulting and digital solutions company seeking enforcement of non-competition and non-solicitation agreements, complicated by cross-border and jurisdictional issues. David extensively briefed the client on the issues.
- Defended a well-known clothing manufacturer and retailer in a class action lawsuit against dozens of clothing and apparel companies, asserting unfair business practices, involuntary servitude, and criminal peonage claims arising from factories operated in the Northern Mariana Islands. David coordinated with dozens of counsel and local counsel in defense against the class action claims and helped the client reach a successful settlement.
- Won a motion to dismiss for a French transportation company named in a complaint alleging RICO, Foreign Corrupt Practices Act, and other claims asserted against companies that transacted business with the former Iraqi government. David collaborated with counsel for multiple defendants to set common defense strategies that succeeded in dismissing the complaint.
Credentials
Education
- Harvard Law School (J.D., 1996)
- Rutgers University (B.A., with highest honors, 1992)
- Oxford University, Saint Catherine’s College
Bar Admissions
- New Jersey
- New York
Court Admissions
- U.S. Court of Appeals for the First Circuit
- U.S. Court of Appeals for the Second Circuit
- U.S. Court of Appeals for the Sixth Circuit
- U.S. Court of Appeals for the Tenth Circuit
- U.S. District Court, District of Connecticut
- 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
Languages
- French
Media
Events
Past Events
- December 12, 2022
Insights
Insights
- BlogsTwo Appeals To Determine Fate of FTC’s Noncompete Ban3 minute read
- BlogsPennsylvania Plaintiff That Failed in Effort To Block FTC Noncompete Ban Drops Lawsuit3 minute read
- BlogsNLRB Opens New Front in Campaign Against Contractual Restrictive Covenants, Now Targeting No-Poach Provisions in a ...4 minute read
- BlogsNLRB Issues Complaint Alleging Business-to-Business No-Poaching Agreements Violate Employees’ Rights in Latest ...4 minute read
- BlogsGeorgia Supreme Court Allows for Employee Non-Solicitation Agreements That Lack Express Geographic Limits3 minute read
- BlogsPennsylvania Passes Law Limiting Use of Noncompetes for Health Care Practitioners4 minute read
- BlogsAfter Banning Noncompetes, Minnesota Prohibits Non-Solicitation Provisions in Agreements Between Service Providers and ...4 minute read
- BlogsWashington State Is Making Worker-Friendly Amendments to Its Noncompete Statute3 minute read
- BlogsCould the City Council of New York City Ban Noncompetes?4 minute read
- BlogsA Holiday Miracle for New York Employers and Dealmakers!5 minute read
- BlogsNew York Governor: “Balance” Is Needed on Noncompete Bill2 minute read
- BlogsDOJ Seeks to Dismiss Its Last Pending No-Poach Criminal Action3 minute read
- BlogsMassachusetts Non-Compete Laws: 2023 Update2 minute read
- PublicationsNon-Compete Laws: Illinois – Q&A Guide for Employers, 2023 Update2 minute read
- PublicationsNon-Compete Laws: Massachusetts – Q&A Guide for Employers, 2023 Update1 minute read
- BlogsEmployers, Are Your Employee Non-Solicitation Agreements Still Valid in Georgia?3 minute read
- PublicationsTrade Secret Laws: Illinois – Q&A Guide for Employers, 2023 Update1 minute read
- BlogsTrade Secret Laws: Illinois – Q&A Guide for Employers, 2023 Update1 minute read
- BlogsAn Update on the New York Noncompete Ban: It Is Unlikely the Governor Will Sign It Anytime Soon5 minute read
- BlogsReminder: Minnesota Non-Compete Ban Takes Effect on Saturday, July 12 minute read
- BlogsNoncompete Ban Passes State Assembly; Heads to New York Governor for Possible Signature1 minute read
- BlogsWhy Is Virtually Nobody Talking Seriously About New York’s Potential Noncompete Ban?9 minute read
- BlogsMaine and Iowa Enact Job-Specific Limitations on Noncompetes2 minute read
- Blogs10,000 Lakes and . . . No Noncompetes? Minnesota Passes Law Banning Non-Competes Effective July 1, 20236 minute read
- BlogsDOJ Fails Again in a No-Poach Prosecution4 minute read
- BlogsMinnesota Takes Step Toward Banning Non-Competes2 minute read
- Blogs100 Industry Organizations Request Extension of Comment Period on FTC’s Proposed Noncompete Ban2 minute read
- PublicationsNon-Compete Laws: Illinois – Q&A Guide for Employers, 2022 Update1 minute read
- PublicationsNon-Compete Laws: Massachusetts – Q&A Guide for Employers, 2022 Update1 minute read
- PublicationsTrade Secret Laws: Illinois – Q&A Guide for Employers, 2022 Update1 minute read
- BlogsProposed New Jersey Non-Compete Law Aims to Provide a Little Bit of Everything4 minute read
- BlogsNon-Competes: No More Blue Penciling in Wyoming2 minute read
- BlogsFriendly Reminder: New Limitations on Non-Competes in Oregon Are Now in Effect2 minute read
- BlogsSmall Change in Colorado Law Could Have Large Effect: Criminalizing Restrictive Covenants3 minute read
- BlogsDOJ’s First Wage Fixing Indictment Survives a Motion to Dismiss Because Court Finds Wage-Fixing Agreements Are Illegal ...6 minute read
- PublicationsNon-Compete Laws: Illinois – Q&A Guide for Employers, 2021 Update1 minute read
- PublicationsNon-Compete Laws: Massachusetts – Q&A Guide for Employers, 2021 Update1 minute read
- BlogsWashington State Raises Earning Thresholds for Workers Subject to Noncompetition Covenants3 minute read
- BlogsBiden Issues Executive Order Encouraging Federal Action to Limit or Ban Non-Compete Agreements2 minute read
- Media CoverageDavid Clark Quoted in “Docs Suffer from Noncompete Clauses: Any Hope for Change?”2 minute read
- BlogsAnother Bill in Congress Seeks to Limit Non-Competes – Will This One Go Anywhere?2 minute read
- BlogsWill New York Enact a Statute Limiting Non-Compete Agreements for Lower-Salary Employees?1 minute read
- BlogsLess Than a Month After DOJ Brings Its First Wage-Fixing Indictment, DOJ Brings Its First “No-Poach” Indictment ...3 minute read
- BlogsLess Than a Month After DOJ Brings Its First Wage-Fixing Indictment, DOJ Brings Its First “No-Poach” Indictment ...5 minute read
- BlogsWith Wage-Fixing Indictment, Department of Justice Initiates Long-Promised Criminal Proceedings3 minute read
- PublicationsNon-Compete Laws: Illinois – Q&A Guide for Employers Update1 minute read
- BlogsNeed to Know: Amendment to Louisiana Non-Compete Statute Took Effect on August 1, 20203 minute read
- PublicationsTrade Secret Laws: Illinois – Q&A Guide for Employers Update1 minute read
- PublicationsINSIGHT: Protecting Key Employees, Trade Secrets in the Post-Covid-19 Job Market2 minute read
- BlogsNew Indiana Law Will Restrict Physician Non-Competes3 minute read