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.
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.
- Harvard Law School (J.D., 1996)
- Rutgers University (B.A., with highest honors, 1992)
- Oxford University, Saint Catherine’s College
- New Jersey
- New York
- 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
- December 12, 2022