David Greenspan is a trial lawyer whose practice focuses on proactive counseling and aggressive litigation of employee mobility disputes and complex employment matters. David works with his clients to identify and resolve issues before they become adversarial in nature. David also serves his clients as a zealous advocate in litigation, arbitration and other administrative proceedings.
David is an experienced litigator with first-chair trial experience. David regularly represents employers in state and federal courts and administrative agencies throughout the country. He has also litigated many employee mobility cases. On the plaintiff side, he has obtained injunctions that prohibited people from competing against firm clients. On the defense side, he has effectively represented employers who have hired employees with non-compete or confidentiality agreements.
David regularly counsels corporate clients on a wide range of labor and employment topics including the protection of corporate assets through the use of employee agreements and corporate policies, wage and hour matters, compliance with Title VII, the ADA, the FMLA, the WARN Act and USERRA. David has also developed an area of interest in executive employment agreements. In this regard, he has worked with “c-suite” executives in various industries, former corporate general counsel, prominent elected federal officials no longer in office, and several high-profile sports personalities, including one Hall of Fame NBA coach.
David is a well-regarded public speaker who has conducted myriad presentations and training seminars throughout the country as a presenter for private employers, municipalities, educational academies, and trade associations. David regularly speaks on topics including: protection of corporate assets; prevention of illegal discrimination, harassment and retaliation in the workplace; the complexities and intersection of the ADA, FMLA and related state laws; and general management relations topics.
David is the firm’s pro bono partner and is instrumental in McGuireWoods’ commitment to developing and sustaining pro bono programs that have been recognized nationally for innovation and impact. He serves as a co-chair of the Virginia Bar Association’s Pro Bono Council and is the board secretary for Legal Services of Northern Virginia, one of the largest legal aid organizations in the commonwealth. David also is a faculty member for the Virginia State Bar Harry L. Carrico Professionalism Course and was selected as a Virginia Law Foundation fellow (class of 2021).
Experience
- Successfully obtained summary judgment on behalf of a leading manufacturer of beverage canning machines in an Equal Pay Act and Title VII employment discrimination claim in federal court in Lynchburg, Virginia. Lee v. Belvac Production Machinery, Inc. (W.D. Va. 2020).
- Represent international transportation logistics provider in cross-border commercial dispute seeking to obtain injunctive and monetary relief regarding alleged misappropriation of intellectual property and violations of post employment restrictions. Venn Corporation v. Brendan Cox and Traffic Tech, 2016 U.S. Dist. LEXIS 45742 (E.D. Va. 2016)
- Representation of protective security services company prevailing on summary Judgment in a dispute over a contractor’s daily rate and the application of the Virginia Minimum Wage Act. Castillo-Guzman v. Triple Canopy, Inc., 2016 U.S. Dist. LEXIS 26664 (E.D. Va. 2016);
- Successfully obtain summary Judgment on complicated application of the American with Disabilities Act to an explosive detection dog handler in providing security services in Iraq. Ruddell v. Triple Canopy, Inc. Civ. No. 1 15-cv-01331 (E.D. Va. 2016)
- Representation of global aerospace, defense, information and services company seeking to obtain injunctive and monetary relief concerning allegations of conspiracy to misappropriate trade secrets.
- Representation of a client obtaining summary judgment as to the claims of a former nurse that she was not accommodated and ultimately terminated for her failure to be able to satisfy a lifting restriction set forth in a written Job description. Griffin v. Prince William Health System, 2011 U.S. Dist. LEXIS 45427 (E.D. Va. 2010)
- Representation of a private client obtaining demurrer as his former employer’s efforts to enforce post-employment restrictions. Strategic Enterprise Solutions v. Ikuma, 77 Va. Cir. 179 (Fairfax County, Va. 2008)
- Representation of defendants in a week-long Jury trial where the plaintiff sued her former employer and individual former colleague for defamation related to statements made during the course of a government security background investigation. The jury returned a complete defense verdict for both defendants. Butler v. N.E.W. Customer Service Companies, Inc., (Fairfax County, Va. 2007)
- Representation of client prevailing on summary judgment in a leading USERRA case in the 4th Circuit holding that the employer did not violate USERRA when it changed the employee’s hours and duties after her return from military service, and ultimately terminated her for misconduct within the “for cause” protected period. Francis v. Booz Allen Hamilton Inc., 2005 U.S. Dist. LEXIS 8159 (E.D. Va. 2005), aff’d, 2006 U.S. App. LEXIS 15578 (4th Cir. 2006).
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The George Washington University Law SchoolJD
with Honors, Notes Editor, Public Contract Law Journal, Dean’s Fellow
2000 -
University of MarylandBA
magna cum laude
1997
Board of Directors, Legal Services of Northern Virginia
Member (Legal Advisor), Virginia Association of Chiefs of Police
Member, Virginia Bar Association
Member, Fairfax County Bar Association
- Speaker, "Top Ten Employment Issues for the Construction Industry," Construction Industry Challenges 2023, May 24, 2023
- Co-presenter, "Drugs, Stress and Leave, Recent ADA Developments," Virginia Continuing Legal Education Program, May 3, 2018
- Co-presenter, "Drugs, Stress and Leave, Recent ADA Developments," Virginia Continuing Legal Education Program, May 3, 2018
- Presenter, Conducting Effective Internal Investigations, April 2018
- Speaker, "Anatomy of a Whistleblower: How Compliance Program Failure Creates False Claims Act Risk," Compliance in the Real World — A Practical Roundup of Today’s Top Issues, October 25, 2017
- Speaker, Honoring Veterans in the Workplace, Bloomberg-BNA Webinar, November 12, 2015
- Presenter, "Labor Law and Management Issues in Law Enforcement," Northern Virginia Criminal Justice Academy Chiefs and Sheriffs Training Conference, May 2014
- Presenter, Preventing Discrimination and Harassment in the Workplace, January 2011
- Presenter, Human Resources Training – A Comprehensive Two Day Seminar on Employment Law, Investigations, and Management Issues, July 2011
- Presenter, Employment Law for C-Level Executives, June 2011
- Presenter, "Building Your Company for Growth and Successful Exit," McGuireWoods LLP 2010 Seminar Series, McGuireWoods LLP, January 2010
- Speaker, "Employment Law," Northern Virginia Criminal Justice Academy Legal Seminar, June 3, 2009
- Presenter, "Business Torts and Forensics in the High-Tech Business Sector," NOVA-SHRM Annual Employment Seminar, February 2009
- Facilitator, "Non-Competes and Trade Secrets: Understanding What You Can Protect, and Getting a Game Plan to Maximize Your Rights Under the Law," Northern Virginia Technology Council-General Counsel Committee, June 2008
- Presenter, "Electronic Data Discovery: Changes, Challenges and Opportunities," Presentation at McGuireWoods Client Luncheon, April 2008
- Presenter, "A Brief Review of Search and Seizure Law in Virginia," Presentation for the sworn officers of a local municipality, February 2008
- Facilitator, Managing and the Law – An Interactive Day-long Seminar for Executives and Managers, January 2008
- District of Columbia
- Virginia
- U.S. Court of Appeals for the Fourth Circuit
- U.S. Court of Appeals for the Ninth Circuit
- U.S. District Court for the District of Columbia
- U.S. District Court for the Eastern District of Virginia
- U.S. District Court for the Western District of Virginia
- U.S. Supreme Court
Selected for inclusion in The Best Lawyers in America, Employment Law – Management; Litigation – Labor and Employment, Trade Secrets Law, Woodward/White, Inc., 2023, 2024, 2025
Selected for inclusion in “Legal 500 United States,” Intellectual property: trade secrets (litigation and noncontentious matters), 2024
Selected for inclusion in America’s Leading Lawyers for Business, Labor & Employment, Virginia, Chambers USA, 2023, 2024
Named to “Virginia Rising Stars,” Employment Litigation: Defense, Employment and Labor, Super Lawyers, Thomson Reuters, 2009, 2011-2015
- Editor, McGuireWoods Updates D.C. Employment Law Guide, April 23, 2024
- Author, Virginia Increases Earnings Threshold for Prohibition on Non-Competes for “Low Wage Employees”, McGuireWoods Legal Alert, January 24, 2024
- Author, District of Columbia Enacts New Pay Transparency Law, McGuireWoods Legal Alert, January 12, 2024
- Author, Preparing for an Impending Government Shutdown: Legal Hurdles for Federal Contractors, McGuireWoods Legal Alert, September 28, 2023
- Author, Employers Beware: AI Tools May Lead to Labor Force Friction and Strikes, McGuireWoods Legal Alert, July 28, 2023
- Author, Navigating the Debt Ceiling: Legal Issues for Federal Contractors, McGuireWoods Legal Alert, May 26, 2023
- Author, EEOC Issues Guidance on Artificial Intelligence Hiring Tools, McGuireWoods Legal Alert, May 23, 2023
- Author, D.C. Voters Approve Eliminating the Tip Credit System, McGuireWoods Legal Alert, November 9, 2022
- Author, Department of Labor Proposes Rule Granting Government Contractor Employees Right of First Refusal, McGuireWoods Legal Alert, August 18, 2022
- Author, D.C. Modifies the Paid Family Leave and Local FMLA Laws, McGuireWoods Legal Alert, October 18, 2021
- Author, President Biden Signs Executive Order Targeting Employee Noncompete Agreements, McGuireWoods Legal Alert, July 9, 2021
- Author, Biden Administration Orders $15 Minimum Wage for Federal Contractors, McGuireWoods Legal Alert, April 28, 2021
- Author, D.C. Creates Rights for Workers Displaced by COVID-19 or Affected by Certain Business Changes, McGuireWoods Legal Alert, January 25, 2021
- Author, D.C. Implements Laws Mandating Workplace Training, Notices and Sexual Harassment Reporting, McGuireWoods Legal Alert, September 2, 2020
- Author, New D.C. Law Requires Employers to Adopt COVID-19 Safety Policies, McGuireWoods Legal Alert, August 17, 2020
- Author, New Virginia Law: Accommodations for Pregnant Employees, Handbook Changes, McGuireWoods Legal Alert, June 19, 2020
- Author, Virginia Enacts “Ban the Box” for Simple Marijuana Possession, McGuireWoods Legal Alert, May 22, 2020
- Author, New D.C. Law Requires Employee Transportation Benefit to Reduce Private-Vehicle Commuting, McGuireWoods Legal Alert, May 20, 2020
- Author, D.C. Will Require Paid Leave and Excused Absences for Voters, McGuireWoods Legal Alert, May 14, 2020
- Author, Virginia Enacts New “Wage Theft Law,” Creating Private Right of Action for Unpaid Wages, McGuireWoods Legal Alert, April 28, 2020
- Author, Virginia Adds Legal Provisions to Combat Worker Misclassification, McGuireWoods Legal Alert, April 27, 2020
- Author, Virginia Continues Sweeping Employment Reforms, McGuireWoods Legal Alert, April 23, 2020
- Author, COVID-19: D.C. Amends Sick and Safe Leave Law to Align With FFCRA, McGuireWoods Legal Alert, April 15, 2020
- Author, Virginia Adds LGBTQ Protections to Anti-Discrimination Law, McGuireWoods Legal Alert, April 14, 2020
- Author, COVID-19: D.C. Expands FMLA to Include “Declaration of Emergency” Leave, McGuireWoods Legal Alert, April 1, 2020
- Author, Navigating Expense Reimbursement for “Work From Home” Employees, McGuireWoods Legal Alert, March 30, 2020
- Author, What Employers Need to Know About the Families First Coronavirus Response Act, McGuireWoods Legal Alert, March 18, 2020
- Author, Restricting Third-Party Access to Premises Due to COVID-19, McGuireWoods Legal Alert, March 17, 2020
- Author, OSHA Issues New COVID-19 Preparedness Guidance for Employers, McGuireWoods Legal Alert, March 12, 2020
- Author, Considerations for Employers Addressing the COVID-19 Outbreak, McGuireWoods Legal Alert, March 6, 2020
- Author, CFPB Updates Summary of Rights Under Fair Credit Reporting Act, McGuireWoods Legal Alert, October 5, 2018
- Author, How Can Employers Prevent Workplace Recording?, McGuireWoods Legal Alert, August 29, 2018
- Author, New York and Maryland Increasing Sexual Harassment Protections for Employees, McGuireWoods Legal Alert, April 30, 2018
- Author, Employers Beware: Uptick in Privacy Litigation for Collection of Biometric Data, Password Protected, February 26, 2018
- Author, Supreme Court Holds Internal Complainants Are Not Dodd-Frank Whistleblowers, McGuireWoods Legal Alert, February 26, 2018
- Author, Navigating Government Shutdowns: Legal Issues for Federal Contractors, McGuireWoods Legal Alert, January 23, 2018
- Author, Court Strikes Down Obama Administration Overtime Rule, McGuireWoods Legal Alert, September 1, 2017
- Author, AT&T Privacy Rule Goes Too Far Says NLRB, Password Protected, May 4, 2017
- Author, D.C. Paid Family Leave Law to Take Effect Without Mayor’s Signature, McGuireWoods Legal Alert, February 20, 2017
- Author, Old and Older: 3rd Circuit Validates Age Discrimination Subgroup Theory, McGuireWoods Legal Alert, January 13, 2017
- Author, D.C. Council to Vote on Nation’s Most Beneficent Leave Law, McGuireWoods Legal Alert, December 2, 2016
- Author, Federal Court Temporarily Halts Nationwide Enforcement of New DOL Overtime Rule, McGuireWoods Legal Alert, November 23, 2016
- Author, EEOC’s Revised Annual Collection of Pay Data on EEO-1 Forms, McGuireWoods Legal Alert, July 15, 2016
- Author, House of Representatives Passes the “Defend Trade Secrets Act”, McGuireWoods Legal Alert, May 3, 2016
- Author, EEOC Proposes Burdensome Annual Collection of Pay Data on EEO-1 Forms, McGuireWoods Legal Alert, February 2, 2016
- Author, Social Media Employee Privacy Laws – The New Majority Approach?, Password Protected, September 28, 2015
- Author, Planning for a Government Shutdown, McGuireWoods Legal Alert, September 24, 2015
- Author, Planning for a Possible Government Shutdown: Labor and Employment Issues for Government Contractors, McGuireWoods Legal Alert, September 24, 2015
- Author, Newly Enacted Statute Restricts Virginia Employers’ Access to Employees’ Social Media Accounts, Password Protected, July 15, 2015
- Author, New Guidance: DOL Asserts Most Independent Contractors Are Employees, McGuireWoods Legal Alert, July 15, 2015
- Co-author, "Winning Strategies for Trade Secret Litigation," SRR Journal, Spring 2015
- Author, NLRB’s Do’s and Don’ts of Employer Handbooks: Part 3, McGuireWoods Legal Alert, April 14, 2015
- Author, NLRB’s Do’s and Don’ts of Employer Handbooks: Part 2, McGuireWoods Legal Alert, April 7, 2015
- Author, NLRB’s Do’s and Don’ts of Employer Handbooks: Part 1, McGuireWoods Legal Alert, March 30, 2015
- Author, President Obama Signs Executive Order Mandating Government Contractor and Subcontractor Disclosure of Labor Law Violations, McGuireWoods Legal Alert, August 7, 2014
- Co-author, "The risks of implementing ‘Bring Your Own Device’ in the work place," Compliance & Risk, Volume 3, Issue 2 (2014)
- Author, New Virginia Law Protects Personal Identifiable Information, McGuireWoods Legal Alert, July 2, 2013
- Author, Employment Legal Pitfalls Loom: The Upcoming Sequestration and Debt Ceiling Deadlines, McGuireWoods Legal Alert, January 8, 2013
- Author, Final GINA Regulations Now In Effect, McGuireWoods Legal Alert, January 26, 2011
- Author, Fired National Guard Member May Pursue USERRA Harassment Claim, McGuireWoods Legal Alert, May 29, 2008