David A. Whitcomb

Partner

Columbus
T +1.614.462.4728
F +1.614.462.2616

Overview

David Whitcomb is a management-side employment law attorney. His attentiveness and detail-oriented nature allow him to address client concerns effectively during day-to-day counseling and in litigation. Having spent four years as a trial attorney for the U.S. Equal Employment Opportunity Commission (EEOC), David brings his knowledge and experience of prosecuting matters to the cases he now defends. He also served as a law clerk to two U.S. district court judges. David has represented clients in industries that include health care, automotive, medical device manufacturing, insurance and transportation.

Select Experience

  • Represents employers in federal and state courts defending cases alleging violations of employment discrimination statutes, including claims of race, sex, religion and disability discrimination. Clients have included Fortune 100 companies and local family businesses. Has successfully represented clients at trial, obtained dismissals on summary judgment and argued appeals to uphold favorable decisions for the firm’s clients. While at the EEOC, obtained the largest jury verdict in the history of the EEOC.
  • Leads the Columbus office’s trade secret and noncompetition practice. Has prosecuted and defended claims under Ohio’s trade secret statute and claims for breach of noncompetition agreements. This has included several multiday preliminary injunction hearings on behalf of the firm’s clients, which have included several major insurance companies, a medical supply distributor and a chemical company.
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Experience

  • Represents employers in federal and state courts defending cases alleging violations of employment discrimination statutes, including claims of race, sex, religion and disability discrimination. Clients have included Fortune 100 companies and local family businesses. Has successfully represented clients at trial, obtained dismissals on summary judgment and argued appeals to uphold favorable decisions for the firm’s clients. While at the EEOC, obtained the largest jury verdict in the history of the EEOC.
  • Leads the Columbus office’s trade secret and noncompetition practice. Has prosecuted and defended claims under Ohio’s trade secret statute and claims for breach of noncompetition agreements. This has included several multiday preliminary injunction hearings on behalf of the firm’s clients, which have included several major insurance companies, a medical supply distributor and a chemical company.
  • Has defended clients in lawsuits asserting violations of the Fair Labor Standards Act, including lawsuits brought as collective actions. Has filed motions opposing conditional certification of such classes and argued against certification in federal court.
  • Serves as a point person on claims under Title II (public entities) and Title III (public accommodations) of the Americans with Disabilities Act (ADA), and has successfully represented clients accused of having inaccessible facilities and services. Has successfully worked with opposing counsel and the U.S. Department of Justice to resolve disputes regarding noncompliance with the ADA Accessibility Guidelines. Work has included extensive surveys of a major hospital and a prominent library system. Has represented a public university in a lawsuit alleging failure to provide education accommodations.
  • Has argued many cases in the U.S. Court of Appeals and in the Ohio State Court of Appeals. Most recently, successfully defended an employer’s right to terminate an employee who tape-recorded managers and customers in an attempt to build a case of discrimination against the company. This was a case of first impression for the federal appellate court.

Recognitions and Memberships

Recognitions

  • Ohio "Super Lawyer Rising Star" (2005 to 2006)

Events

Community

  • Southeast Inc.: Board of Directors (2012 to present)
  • Ohio Children’s Hunger Alliance: Menu of Hope Steering Committee (2012 to 2013)
  • Leadership Columbus

Prior Positions

  • EEOC Trial Attorney
  • Law clerk for the Honorable Wendell A. Miles and the Honorable Gordon J. Quist of the United States District Court for the Western District of Michigan

Admissions

  • U.S. Court of Appeals, Sixth Circuit, 1999
  • U.S. District Court, Northern District of Ohio, 1998
  • U.S. District Court, Southern District of Ohio, 1998
  • U.S. District Court, Eastern District of Michigan, 1995
  • U.S. District Court, Western District of Michigan, 1994
  • Illinois
  • Ohio

Education

  • J.D., University of Michigan Law School, 1991
  • B.A., The Ohio State University, 1988, cum laude