David is a partner in the firm's Labor and Employment Law section and Co-Chair of the Firm's E-discovery practice group. He advises and represents businesses and municipalities in all aspects of the employment relationship, including equal employment opportunity, civil rights litigation, trade secret protection and litigation, defamation litigation, employment policy consultation and drafting, drafting of employment agreements, and lawful documentation of the employment relationship.  David also represents property owners and managers in a variety of Fair Housing matters.

    • Education

      • J.D., University of Virginia, 2005
      • B.A., University of Virginia, with distinction, 2002

      Professional Recognition

      • Virginia Super Lawyers Rising Star - Employment Law (2009-2016)
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    • Memberships

      • Virginia State Bar
      • Federal Bar Association
      • Norfolk Portsmouth Bar Association
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      Leadership

      • Previous Director: American Red Cross of Southeastern Virginia, Big Brothers and Big Sisters of South Hampton Roads, and The Hampton Roads Society for Human Resource Management
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Experience

  • Obtained summary judgment and early dismissal on behalf of local, regional, and national businesses in numerous discrimination, harassment, retaliation, FMLA, ADA, FLSA and related lawsuits.
  • Defended national client in a breach of contract action by a former independent contractor. Following opening statements and cross-examination of plaintiff's witnesses, obtained dismissal of all of plaintiff's claims on a motion to strike the plaintiff's evidence.
  • Successfully represented an executive formerly employed by a government contractor in a breach of fiduciary duty and breach of non-compete agreement lawsuit in Maryland Circuit Court. Following a three-day jury trial, the jury returned a verdict in favor of the executive on all counts.
  • Successfully defended a regional employer in a workplace defamation trial.  At the conclusion of the trial, the Court dismissed all of Plaintiff's claims.
  • Successfully represented an executive in an employment related defamation action.
  • Successfully defended a start-up insurance company against charges of trade secret misappropriation and breach of non-competition agreements.
  • Drafted numerous non-competition agreements, executive employment agreements, and other agreements related to the employment relationship.
  • Successfully represented a large equipment manufacturer in trade secret litigation against former employees and various competitors. At the end of the litigation, the client obtained a judgment of over $120,000,000 against one such competitor.
  • Advised and represented numerous employers in the protection of trade secrets, confidential information, and proprietary business information.
  • Successfully represented numerous real estate owners and management companies in litigation under the Fair Housing Act.
  • Represented employers facing charges of discrimination before the Equal Employment Opportunity Commission, consistently obtaining "no cause" determinations on behalf of the employers.
  • Successfully represented clients before the Supreme Court of Virginia, the United States Court of Appeals for the Fourth Circuit, and Federal District Courts throughout the United States.
  • Prepared OFCCP mandated "Affirmative Action" plans for multiple clients and advised these clients on OFCCP compliance audits.

dkushner@wilsav.com David A. Kushner Member Willcox & Savage, P.C. (757) 628-5668 (757) 628-5566 http://www.willcoxsavage.com/media/1460/david-kushner-labor-and-employment-lawyer-willcox-savage.jpg?anchor=center&mode=crop&width=175&height=175&rnd=131133325970000000
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