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David A. Posner

David A. Posner focuses his practice on employment litigation and employment relations. He has a successful track record representing employers throughout the country as lead counsel in a wide range of employment litigation before state and federal trial and appellate courts, before state and federal administrative agencies and in labor arbitration hearings.

Mr. Posner’s national client base encompasses a wide range of industries, including insurance, financial services, newspapers, manufacturing, healthcare and information technology.

Mr. Posner serves as the co-leader of Baker Hostetler’s National Noncompete and Trade Secrets Team. He provides guidance on employee movement issues, including those arising from transactions and business acquisitions or sales. He represents employers in affirmative and defensive litigation regarding claims for violation of noncompetition and employment agreements, misappropriation of trade secrets and other unfair competition tactics. In addition, Mr. Posner works with organizations on a proactive basis, providing strategies designed to protect competitive elements.

In litigation, Mr. Posner’s employment law practice covers all forms of discrimination, wrongful discharge, breach of contract matters, noncompetition and trade secret issues, retaliation, FMLA, ERISA, sexual harassment, employee privacy issues, defamation and other employment-related tort matters. His experience includes the coordination of employer defense in high-profile litigation matters. Recently, Mr. Posner represented the Cleveland Plain Dealer in a case receiving national attention that involved the reassignment of the paper’s former music critic. After a nearly four-week jury trial, Mr. Posner secured a directed verdict in the case on the retaliation claim and a unanimous jury verdict on the age discrimination claim.

Mr. Posner also handles employment class action matters, particularly wage and hour suits arising under the Fair Labor Standards Act. He has represented clients with respect to allegations of meal and rest period violations and unpaid compensation.

In addition to his litigation practice, Mr. Posner provides day-to-day counsel and strategic advice on matters ranging from drug and alcohol testing and other employment practice policies to accommodating disabilities and the management of difficult employees.

Mr. Posner has lectured on the subjects of drug and alcohol testing in the private and public sectors, employee privacy issues, the Americans With Disabilities Act and trial practice, among other topics. He frequently conducts webinars on emerging trends regarding noncompete and trade secret issues and the impact of new case law and regulations on specific industries, including the insurance and financial services sectors.

Mr. Posner is a member of the Cleveland Metropolitan, Ohio State and American Bar Associations. He was listed as an Ohio “Super Lawyer” in 2007.