David A. Posner

Partner

Cleveland
T +1.216.861.6113
F +1.216.696.0740

Overview

David Posner's practice covers all aspects of employment litigation, including defense of clients in discrimination, wrongful discharge and retaliation cases, and in the enforcement and defense of noncompete and trade secret issues. David is a tenacious litigator and advocate who enmeshes himself with his clients, treating their goals and concerns as his own in order to most effectively and efficiently resolve their cases. His persistence and determination to win has resulted in long-lasting relationships between David and his clients.

David is certified as a Specialist in Employment and Labor Law by the Ohio State Bar Association. He has formerly served as the co-chair of BakerHostetler's national Noncompete and Trade Secrets team.

Select Experience

  • Represented the Cleveland Plain Dealer in a case involving the reassignment of the paper's former music critic, who claimed his reassignment was due to age discrimination and retaliation. The case represented a high-stakes challenge to the editorial control of the paper and its ability to assign reporters to stories. After a nearly four-week jury trial, the tenacity showed on behalf of the client against a difficult opposing counsel led to a directed verdict on the retaliation claim and a unanimous jury verdict on the age discrimination claim in favor of the client.
  • Handles wage and hour suits arising under the Fair Labor Standards Act and state law. In a recent case for a national insurance company, the deposition of the plaintiff tore the heart out of the plaintiff's case, leading to the favorable, early resolution of the lawsuit even before a motion for summary judgment had to be filed.
  • Represented an industry-leading financial services institution with branches throughout the Midwest on nonsolicitation matters. The representation enabled the institution to defend itself against a claim by a competitor financial institution of mass raiding of employees. The aggressive response to the claim resulted in the competitor dropping the accusations of wrongdoing.
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Experience

  • Represented the Cleveland Plain Dealer in a case involving the reassignment of the paper's former music critic, who claimed his reassignment was due to age discrimination and retaliation. The case represented a high-stakes challenge to the editorial control of the paper and its ability to assign reporters to stories. After a nearly four-week jury trial, the tenacity showed on behalf of the client against a difficult opposing counsel led to a directed verdict on the retaliation claim and a unanimous jury verdict on the age discrimination claim in favor of the client.
  • Handles wage and hour suits arising under the Fair Labor Standards Act and state law. In a recent case for a national insurance company, the deposition of the plaintiff tore the heart out of the plaintiff's case, leading to the favorable, early resolution of the lawsuit even before a motion for summary judgment had to be filed.
  • Represented an industry-leading financial services institution with branches throughout the Midwest on nonsolicitation matters. The representation enabled the institution to defend itself against a claim by a competitor financial institution of mass raiding of employees. The aggressive response to the claim resulted in the competitor dropping the accusations of wrongdoing.
  • Represented a world-class financial services firm in defense of a raiding claim by citing the protocol for broker recruitment against a signatory firm, on behalf of a nonsignatory firm, establishing that the protocol rendered the plaintiff firm's position to be contrary to industry custom and practice and not violative of any trade secrets protection. This was the first such decision of its kind, and was the first decision issued by the court in which the matter was pending that did not enforce the restrictive covenant at issue against the departed employees.
  • Defended a major financial services and insurance firm in a suit over the enforceability of a noncompete agreement. The matter was settled shortly after suit was filed against the competitor firm and former employee, which resulted in a recovery of more than $100,000 for the client.
  • Represented a leading manufacturer of parts for the aerospace industry and an executive employee against a suit for permanent injunctive relief under the theory of inevitable disclosure of trade secrets, resulting in a favorable judgment on the merits and denial of injunctive relief.

Recognitions and Memberships

Recognitions

  • The Best Lawyers in America©
    • Cleveland: Employment Law – Management (2017, 2018)
    • Cleveland: Litigation – Labor & Employment (2018)
  • Chambers USA: Recognized Practitioner: Labor & Employment in Ohio (2014 to 2016)
  • Ohio State Bar Association: Certified Specialist in Employment and Labor Law
  • Ohio "Super Lawyer" (2007, 2012 to 2018)

Memberships

  • American Bar Association
  • Ohio State Bar Association
  • Cleveland Metropolitan Bar Association
  • Cleveland Jewish Publication Company (publisher of the Cleveland Jewish News)
    • Board Member
    • Human Resources Committee Chairperson

Admissions

  • U.S. Supreme Court, 2002
  • U.S. Court of Appeals, First Circuit, 2009
  • U.S. Court of Appeals, Fourth Circuit, 2009
  • U.S. Court of Appeals, Fifth Circuit, 1992
  • U.S. Court of Appeals, Sixth Circuit, 1990
  • U.S. District Court, Northern District of Ohio, 1990
  • U.S. District Court, Southern District of Ohio, 2003
  • U.S. District Court, Eastern District of Michigan, 1994
  • U.S. District Court, Western District of Michigan
  • U.S. District Court, Western District of North Carolina
  • Ohio, 1989

Education

  • J.D., Case Western Reserve University School of Law, 1989
  • B.S., Indiana University, 1986

Blog

In The Blogs

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Employment Class Action Blog
The Supreme Court Confirms That Class Plaintiffs Must Take Their Bite of the Apple Sooner Rather Than Later
By Jeffrey R. Vlasek
June 12, 2018
Although he is remembered as a Los Angeles Laker, Hall of Famer Kareem Abdul-Jabbar, as basketball trivia buffs know, actually began his NBA career on the Milwaukee Bucks. After turning down an offer to play for the Harlem Globetrotters...
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Employment Class Action Blog
Experts Must Satisfy Daubert Standards at Certification Stage
By Gregory V. Mersol
June 5, 2018
D.C. District Court Follows Dukes Admonition Nearly seven years ago, in Wal-Mart Stores, Inc. v. Dukes, 564 U.S. 338 (2011), the Supreme Court addressed, at least in significant respect, the question of whether experts must satisfy Daubert...
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Employment Class Action Blog
Texas District Court Denies Certification of Claims Involving Claimed Racial Preferences in Requests to Staffing Agency
By Gregory V. Mersol
May 31, 2018
Class not reasonably ascertainable In the wake of major wage and hour decisions such as last week’s opinion in Epic Systems Corp. v. Lewis, it’s easy to forget that employers continue to face class-action claims in other contexts...
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Employment Class Action Blog
The Legality of Class Action Waivers in Arbitration Agreements – SCOTUS Finally Speaks
By Dustin M. Dow, John B. Lewis, Gregory V. Mersol
May 21, 2018
The controversy surrounding the validity of employment arbitration agreements with class action waivers has been simmering since at least 2012. Now, with the Supreme Court’s decision in Epic Systems Corp. v. Lewis, we have an answer: They...
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Employment Class Action Blog
Washington Court Denies Plaintiffs' Motion for Summary Judgment on Various Overtime Issues
By Gregory V. Mersol
May 16, 2018
Overconfidence won’t overcome questions of fact Most practitioners and human resource professionals are already familiar with the increasingly difficult wage and hour laws in California and its “Mini Me” to the east, New York state. But...
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