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.
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.
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Focus Areas
Services
- ADA and Public Accommodations
- Business Torts, Competition & Trade Secrets
- Employment Compliance Counseling
- Employment Litigation
- Employment, Labor & Workforce Management
- General Counsel Services
- Litigation & Business Disputes
- Pandemic Workforce Issues
- Trade Secrets & Employee Mobility
- Whistleblowing and Compliance
- Workforce Restructuring and Other Cost-Saving Mechanisms
- Workplace Investigations
Industries
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