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©
    • Ohio: Employment Law – Management (2017 to present)
    • Ohio: Litigation – Labor & Employment (2018 to present)
  • 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 2019)

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
Recent Decisions Don't Provide Useful Guidance on Tests for the FAA Exemption of Transportation Workers
By John B. Lewis
April 29, 2019
Sometimes being right is not a virtue, especially when it comes to the Federal Arbitration Act § 1 exemption. We predicted uncertainty after the New Prime v. Oliveira decision and got it. See our Jan. 17, 2019, blog post on the exemption...
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Employment Class Action Blog
SCOTUS Reverses Ninth Circuit on Proper Bases for Class Arbitrations
By John B. Lewis
April 25, 2019
The U.S. Supreme Court, in a 5-4 decision, ruled that arbitration agreements must provide a “contractual basis for concluding that the part[ies] agreed to [class arbitration].” Reversing the Ninth Circuit, Chief Justice John Roberts found...
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Employment Class Action Blog
Illinois District Court Decertifies Equal Pay Act Collective Class Involving Physicians
By Gregory V. Mersol
April 24, 2019
Section 16(b) of the Fair Labor Standards Act (FLSA) is the provision that requires those participating in a federal claim for minimum wages or overtime to opt in to the class, making Rule 23 inapplicable. The same enforcement applies to...
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Employment Class Action Blog
Missouri District Court Decertifies FLSA Class of IT Workers
By Gregory V. Mersol
April 23, 2019
We’ve noted before that while conditional certification motions are often granted, such classes fare far less well at the second decertification stage and just as poorly on the eve of trial. See: “Ninth Circuit Affirms Decertification of...
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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...
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