Member
Attorneys
David A. Kushner
Member
David A. Kushner is a partner and the Chair of the Labor and Employment Law Section at Willcox Savage. He counsels businesses and municipalities on the full spectrum of the employment relationship, from equal employment opportunity, employee leave management under the ADA, FMLA, and similar state law, wage and hour compliance, and advice and litigation regarding trade secrets, non-competes, and employment agreements. He also defends real estate developers, owners, and management companies in Fair Housing matters across the country. A seasoned litigator who thinks like a business strategist, David is known for helping clients reach their goals while avoiding litigation where possible. Much of his day is spent guiding high-stakes decisions such as difficult terminations, investigating allegations of harassment or retaliation, addressing ADA and FMLA requests in ways that reduce operational strain, and updating policies and procedures to keep pace with rapidly changing state and local laws in employment and Fair Housing.
David partners with employers and housing providers to resolve sensitive issues before they escalate. He guides high-risk terminations, advises on high-stakes investigations into harassment, discrimination, and retaliation, and crafts responses to ADA accommodation and FMLA requests that meet legal requirements while minimizing business disruption. He addresses internal and external Fair Housing allegations and keeps policies, handbooks, and procedures current with rapidly changing state and local laws. This proactive, practical counseling helps clients achieve their objectives, reduce exposure, and maintain clear, defensible compliance across employment and Fair Housing matters.
In federal and state courts, David has secured early wins that avoid the cost and disruption of trial, including summary judgment and dismissals in discrimination, harassment, retaliation, FMLA, ADA, FLSA and related actions for local, regional, and national employers.
Representing an international equipment manufacturer, David obtained a $121,000,000 judgment in a trade secret misappropriation case. After briefing before the Supreme Court of Virginia and Supreme Court of the United States on a Motion for Certification, the judgment was upheld.
David defeated a former contractor’s claims at trial through targeted cross-examination and a successful motion to strike after opening statements. He also won a three-day jury trial in Maryland Circuit Court for a former executive of a government contractor, with a complete defense verdict, and has prevailed in multiple workplace defamation matters.
He has defended employers in FLSA collective actions involving hundreds of employees, developing strategies that manage exposure efficiently and effectively.
David frequently secures “no cause” determinations before the EEOC, HUD, and state and local agencies. He has also obtained favorable outcomes for clients before the Supreme Court of Virginia, the United States Court of Appeals for the Fourth Circuit, and federal district courts.
He defends developers, owners, and management companies against Fair Housing allegations in agencies and courts around the country, aligning legal strategy with operational realities for multifamily portfolios.
In the employment and Fair Housing context, “structured for solutions” means that our team understands we are in the emergency business, and that our first responsibility is to respond promptly to our clients. We aim to break complex fact patterns and legal issues into digestible options for the client to consider, and we do not shy away from telling the client which option we recommend. We don’t just provide advice, but in many cases can offer to draft the communication implementing that advice to minimize risk while providing as much direct assistance as a client desires. In the litigation context, we recognize that cost is a major part of the equation, and look for victories that can occur as early as possible in the process. Above all, we aim to be a true ally for our clients, thinking in terms of “us” and “we” as if we were directly part of the team.
Norfolk Office
