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  • Practice Areas
    Labor and Employment Law
  • Education
    J.D. University of Virginia, 2005

    B.A., with distinction, University of Virginia, 2002
  • Professional Recognition
    Selected as a Super Lawyers Rising Star in the area of Labor and Employment law in 2009 and 2010

    2008 Contributing Editor to the American Bar Association's Treatise, The Developing Labor Law
  • Memberships
    Virginia State Bar

    Federal Bar Association

    Norfolk Portsmouth Bar Association

    Hampton Roads Society for Human Resource Management
  • Leadership
    Click here for leadership positions
 
 

DAVID A. KUSHNER , Associate
Norfolk
Phone (757) 628-5668
Fax (757) 628-5566
dkushner@wilsav.com
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David practices in the firm’s Labor and Employment Law section. He advises and represents businesses and municipalities in all aspects of the employment relationship, including equal employment opportunity, civil rights, and state employment law matters.

Relevant Experience

  • Represented multiple businesses in a class action overtime lawsuit under the Fair Labor Standards Act, obtaining dismissal of all overtime claims. In an issue of first impression, this ruling was upheld by the Fourth Circuit Court of Appeals.

  • Defended a publishing company in a wage discrimination lawsuit brought by a former executive under the Equal Pay Act and Title VII, obtaining summary judgment for the employer.

  • Defended national employer in a Title VII race and retaliation case resulting in summary judgment for employer on all claims.

  • Defended national client in a breach of contract action by a former independent contractor. Following opening statements and cross-examination of plaintiff’s witnesses, obtained dismissal of all of plaintiff’s claims on a motion to strike the plaintiff’s evidence.

  • Represented employers facing charges of discrimination before the Equal Employment Opportunity Commission, consistently obtained “no-cause” determinations on behalf of the employers.

  • Represented employers in appeals before the Virginia Employment Commission.

  • Successfully represented an executive formerly employed by a government contractor in a breach of fiduciary duty and breach of non-compete agreement lawsuit in Maryland Circuit Court. Following a three-day jury trial, the jury returned a verdict in favor of the executive on all counts.

  • Successfully represented clients before the Supreme Court of Virginia, the United States Court of Appeals for the Fourth Circuit, and Federal District Courts throughout the mid-Atlantic.

  • Successfully defended a national insurance start-up in a multi-party trade secret, breach of contract, and conspiracy lawsuit.


Publications