Businesses of all sizes—including financial services firms, advertising and media companies, consulting agencies, insurance companies, managed care organizations, and retail brands—turn to litigator 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.