David is a partner in the firm and Chair of the Labor and Employment Law section. He advises and represents businesses and municipalities in all aspects of the employment relationship, including equal employment opportunity, civil rights litigation, wage and hour law, trade secret litigation, non-compete litigation, employee defamation litigation, employment policy consultation and drafting, drafting of employment agreements, and lawful documentation of the employment relationship.  David also devotes a significant portion of his practice to defending real estate developers, owners, and management companies in Fair Housing matters around the country.

Although David is a seasoned litigator, he has a passion for advising clients on how to achieve their goals while avoiding litigation altogether. As part of his litigation-avoidance practice, David spends much of his day helping his clients (1) navigate difficult employee terminations, (2) investigate allegations of harassment, discrimination or retaliation, (3) respond to ADA accommodation and FMLA leave requests in a manner that is lawful but limits business hardship, (4) respond to internal and external allegations of housing discrimination, (5) update policies, handbooks and procedures to stay complaint with rapidly changing state and local laws related to employment and Fair Housing, and (6) effectively respond to the numerous other issues that arise regarding employment and fair housing compliance.    

    • Education

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

      Professional Recognition

      • Virginia's Go To Lawyer, Employment Law (2022)
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    • Memberships

      • Virginia State Bar
      • Federal Bar Association
      • Norfolk Portsmouth Bar Association
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      • Chair, Labor & Employment Law Section
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  • 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.
  • Successfully represented an international equipment manufacturer in a claim regarding trade secret misappropriation, obtaining (among other remedies) a $121,000,000 judgment for the client. After briefing before the Supreme Court of Virginia, the $121,000,000 judgment was upheld.
  • 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 employers in FLSA collective action lawsuits involving hundreds of employees.
  • 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.
  • Advised and represented numerous employers in the protection of trade secrets, confidential information, and proprietary business information.
  • Represented employers facing charges of discrimination before the Equal Employment Opportunity Commission, and State and local agencies, 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 District Courts throughout the country.
  • Successfully defended developers, owners, and management companies against allegations of Fair Housing discrimination in agencies and courts around the country.

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dkushner@wilsav.com David A. Kushner Member Willcox & Savage, P.C. (757) 628-5668 (757) 628-5566 https://www.willcoxsavage.com/media/1711/david-kushner-2020-labor-and-employment-lawyer-willcox-savage.jpg?anchor=center&mode=crop&width=175&height=175&rnd=132502992200000000
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