David J. Woolf assists clients in a range of labor and employment-related matters, including employment litigation, non-competition and other restrictive covenant-related issues and union/management relations. David also actively works with our Corporate and Securities group on labor and employment deal diligence, providing guidance on the labor and employment aspects of actual and potential transactions.
David defends employers in employment-related litigation, including individual and class claims of discrimination, harassment, retaliation and wrongful discharge, in state and federal courts, as well as in administrative proceedings before the U.S. Equal Employment Opportunity Commission (EEOC) and state and local agencies. He is also available as day-to-day issues inevitably arise, and regularly counsels employers on layoffs, disability and family/medical leave issues, plant closing procedures, wage and hour issues, and a host of other matters. David also conducts and assists clients with internal investigations of sexual and other types of harassment and related training.
David frequently litigates non-competition and other matters involving post-separation restrictive covenants, to ensure that departing employees meet their common law and contractual obligations to their former employer and address any unfair competition by the employees’ new employer. David also regularly drafts agreements related to such issues and counsels employers as to their legal and contractual rights and obligations related to hiring and retaining employees, to help employers protect their most valuable assets and avoid issues before they arise.
David advises employers on a variety of labor/management relations issues, including during organizing campaigns, with unfair labor practice charges, in labor arbitrations and in cases before the National Labor Relations Board.
David served as a law clerk to the Hon. Charles L. Levin of the Supreme Court of Michigan in 1995-96.
David has significant experience defending employers in employment-related litigation. Among his successes, he:
- Obtained a defense verdict at trial on behalf of a large insurance company in an employment discrimination case brought by the EEOC.
- Favorably resolved a putative wage and hour collective action for a nominal amount on an individualized basis on behalf of a large bank while the plaintiffs’ motion for conditional class certification was pending.
- Obtained summary judgment on behalf of numerous employers in discrimination, retaliation, and other employment-related cases brought by former employees.
David has handled numerous employee restrictive covenant matters, including:
- Obtained a temporary restraining order in San Jose, California against two former employees and the employees’ new employer based on the former employees’ breach of their post-separation restrictive covenants and the new employer’s interference with those covenants.
- Obtained the entry by consent of an order enjoining a former senior executive of a major corporation from continuing his new employment as a competitor’s CEO and from working in any other competitive employment for a two-year period.
- Worked with numerous clients to develop effective strategies to protect their confidential information and prevent unfair post-separation competition and solicitation.
David has worked with many employers on a variety of labor/management relations issues. For example, he has:
- Advised and assisted a New Jersey hospital in a lengthy union organizing campaign that ended with the employees’ rejection of the union.
- Caused the NLRB to issue a complaint against a union that was engaged in unlawful secondary picketing of a national retailer’s store, and ultimately resolved the matter just before the scheduled hearing through a favorable Board-sponsored settlement.
Harlan Fiske Stone Scholar, Columbia Law School
Awards Methodology (www.drinkerbiddle.com/content/awards)
He is very reasonable and measured in his approach to cases, diligent in dealing with clients, and knows the law inside and out.Chambers USA, 2014
The Developing Labor Law
- New Jersey
- Columbia Law School, J.D., 1995
- University of Pennsylvania, B.A., 1992, with honors
- U.S. Court of Appeals, Third Circuit
- U.S. District Court, District of New Jersey
- U.S. District Court, Eastern District of Pennsylvania
- Pennsylvania Bar Association
- Philadelphia Bar Association
- Boys & Girls Clubs of Philadelphia
David's Areas of Focus
- Labor and Employment
- Counseling and Compliance Training
- Crisis Management
- Due Diligence and Audits
- Employment Litigation
- Labor Relations and Collective Bargaining
- Restrictive Covenants and Unfair Competition
- Wage and Hour Class Actions
- Commercial Litigation
- Human Resources
- Employment and Labor Matters