David A. Whitcomb

Partner

Columbus
T +1.614.462.4728
F +1.614.462.2616

Overview

David Whitcomb is an experienced litigator and counselor with more than 25 years of experience representing Fortune 500 companies, local businesses and governmental entities in a variety of industries, including healthcare, medical device manufacturing, automotive, transportation, insurance and construction. His attentiveness and detailed-oriented nature allow him to address client concerns effectively during day-to-day counseling and in litigation.

The majority of David’s practice involves employment matters. He regularly represents clients in federal and state courts and before governmental entities in disputes involving Title VII of the Civil Rights Act of 1964, the Americans With Disabilities Act, the Age Discrimination In Employment Act, the Family and Medical Leave Act, and the Fair Labor Standards Act. Having spent four years as a trial attorney for the U.S. Equal Employment Opportunity Commission, David brings his knowledge and experience of prosecuting matters to the cases he now defends.

A significant portion of David’s practice includes prosecuting and defending clients in cases involving breach of noncompetition and non-solicitation agreements, and the misappropriation of trade secrets. Additionally, he represents clients in ADA matters involving building and program accessibility, and educational accommodations for students with learning disabilities. David has also handled matters involving trademark and trade name infringement, deceptive trade practices, breach of contract, defamation and a variety of other torts.

Before joining BakerHostetler, David worked as a law clerk to two U.S. District Court judges.

Select Experience

Discrimination
  • David represents a wide range of employers in federal and state courts defending cases alleging violations of the various employment discrimination statutes, including claims of race, sex, national origin, religion, age and disability discrimination. He has successfully represented clients in jury trials and in the courts of appeals. While at the EEOC, David obtained the largest jury verdict in the history of the EEOC.
Trade Secrets/Noncompetition Agreements
  • David has both prosecuted and defended claims for misappropriation of trade secrets and breach of noncompetition and non-solicitation agreements. His practice has included several cases where a competitor “raided” a client’s business in order to establish a competing office. In these fast-moving cases, David has represented clients in TRO hearings and several multi-day preliminary injunction hearings.

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Experience

Discrimination
  • David represents a wide range of employers in federal and state courts defending cases alleging violations of the various employment discrimination statutes, including claims of race, sex, national origin, religion, age and disability discrimination. He has successfully represented clients in jury trials and in the courts of appeals. While at the EEOC, David obtained the largest jury verdict in the history of the EEOC.
Trade Secrets/Noncompetition Agreements
  • David has both prosecuted and defended claims for misappropriation of trade secrets and breach of noncompetition and non-solicitation agreements. His practice has included several cases where a competitor “raided” a client’s business in order to establish a competing office. In these fast-moving cases, David has represented clients in TRO hearings and several multi-day preliminary injunction hearings.

FLSA Collective Actions
  • David has defended clients in lawsuits asserting violations of the Fair Labor Standards Act, including lawsuits brought as collective actions.
ADA Facilities and Education
  • In addition to his employment experience under the ADA, David has represented clients in claims under Title II (public entities) and Title III (public accommodations) of the ADA, and has successfully represented clients accused of having inaccessible facilities and services. He has successfully worked with the U.S. Department of Justice to resolve disputes regarding noncompliance with the ADAAG. His worked has included extensive surveys of a major hospital and a prominent library system. David has also represented a public university in a lawsuit alleging failure to provide education accommodations.
Appeals
  • David has argued many cases in the United States and Ohio courts of appeals.
Investigations
  • David has conducted workplace investigations involving high level individuals, as well as counseled clients to conduct their own workplace investigations.
Counseling
  • David provides day-to-day counseling for clients on a wide range of employment matters, including employee hiring, discipline, leaves of absence and termination. David assists clients in drafting policies and procedures, employment agreements and severance agreements.
Constitution, Ethics and Public Records
  • In his work for governmental entities, David counsels clients on constitutional law issues, and compliance with Ohio’s ethics Laws and public records requests.

Recognitions and Memberships

Recognitions

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

Events

Community

  • Southeast Healthcare Services: Board of Directors
    • President (2017 to present)
    • Treasurer (2015 to 2016)
    • Board Member (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
  • U.S. District Court, Northern District of Illinois
  • Illinois
  • Ohio

Education

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