dkushner@wilsav.com
(757) 628-5668
Norfolk Office
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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, non-compete 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 and Public Accommodation matters.  Although David is a seasoned litigator, he has a passion for advising clients on how to achieve their goals while avoiding litigation altogether.

Practice Areas

    • Education

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

      Professional Recognition

      • Benchmark Litigation: The Guide to America's Leading Litigation Attorneys (2016, 2018). One of only seven attorneys in Virginia (and two in Hampton Roads) selected for Benchmark Litigation's National under 40 Hot List. Benchmark Litigation is a national guide to America's leading litigation firms and attorneys, and the Hot List includes information on "the nation's most accomplished legal partners of the age of forty or younger."
      • View More

    • 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
      • View More
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.
    • 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 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, 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 mid-Atlantic.
    • Prepared OFCCP mandated “Affirmative Action” plans for multiple clients and advised these clients on OFCCP compliance audits.

News / Publications

News

Publications

(757) 628-5668
Norfolk Office
Vcard
PDF

Education

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

Professional Recognition

  • Benchmark Litigation: The Guide to America's Leading Litigation Attorneys (2016, 2018). One of only seven attorneys in Virginia (and two in Hampton Roads) selected for Benchmark Litigation's National under 40 Hot List. Benchmark Litigation is a national guide to America's leading litigation firms and attorneys, and the Hot List includes information on "the nation's most accomplished legal partners of the age of forty or younger."
  • View More

Memberships

  • Virginia State Bar
  • Federal Bar Association
  • Norfolk Portsmouth Bar Association
  • View More

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
  • View More
dkushner@wilsav.com David A. Kushner Member Willcox & Savage, P.C. (757) 628-5668 (757) 628-5566 https://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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