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 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 alleging that a noncompete agreement was unenforceable. The matter was settled shortly after the suit was filed against the competitor firm and former employee, which resulted in a recovery of more than $100,000 for the client.
  • For the same client, provided advice for the nonsolicitation of an executive. The matter is now being litigated in state court in Ohio and, after a partial temporary restraining order was entered against the competitor and the former employee and limited discovery was conducted, the other side stipulated to entry of the preliminary injunction that was sought.

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 2017)

Memberships

  • American Bar Association
  • Ohio State Bar Association
  • Cleveland Metropolitan Bar Association

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, Southern District of Ohio, 2003
  • U.S. District Court, Eastern District of Michigan, 1994
  • U.S. District Court, Northern District of Ohio, 1990
  • 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
Court Grants Summary Judgment For Employer In Tip Credit Collective Action
November 9, 2017
What? I Need a Valid Claim to Represent a Class?! With scores of collective actions being filed every month and many courts willing to issue conditional certification on even very weak claims, it’s easy to forget that, yes, it’s important...
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Employment Class Action Blog
California Court Denies Conditional Certification of “Regular Rate” Overtime Case
November 6, 2017
With waves of cases already having addressed common targets for wage and hour litigation – assistant managers, healthcare workers, loan officers, donning and doffing claims, and the like – cases alleging more arcane claimed violations are...
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Employment Class Action Blog
The Next Employment Class Action Lawsuit That Will Blindside You
November 2, 2017
Little-known Illinois statute now a source of class claims against employers Do any of your office systems involve fingerprint scans or facial recognition? If so, and if you have any Illinois business operations, you may soon become a...
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Employment Class Action Blog
Another Off-the-Clock Case Felled by Time Study
October 16, 2017
Last week, we discussed the decision of the Northern District of California in Rodriguez v. Nike Retail Services, Inc., Case No. 14-cv-01508-BLF (N.D. Cal. Sept. 12, 2017), in which the employer’s use of a time study resulted in summary...
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Employment Class Action Blog
Balancing Transparency and Secrecy in Class Action Settlements
By David A. Posner
May 4, 2016
Companies have the right to protect their trade secrets against public disclosure, while class action members (and the judges who must determine the fairness and adequacy of proposed class action settlements) have the right to know the...
Read More ->