David A. McManus

David has advised clients in various industries with respect to labor and employment matters for over 20 years.  He works closely with in-house counsel, human resources executives, and business leaders to develop and implement practical and effective strategies to address the myriad of personnel-related issues and challenges faced by employers.

Clients consult David with respect to the hiring and dismissal of senior executives and managers as well as with respect to managing and responding to crises that pose both reputational and economic damage, including matters involving sexual harassment claims, discrimination claims, and financial impropriety and embezzlement.

David also regularly works with clients to develop practical and effective strategies with respect to the protection of their intellectual and human capital through the use of confidentiality, trade secret, nonsolicitation, and noncompetition policies and agreements. Relatedly, David represents employers in restrictive covenant enforcement actions.

David also has experience in labor relations matters under the National Labor Relations Act (NLRA), including corporate campaigns, collective bargaining, grievance arbitrations, unfair labor practice charges, strikes, picketing, and union organizing campaigns.

As co-chair of the firm’s Workforce Change group, and as noted above, David works with clients and consultants in planning and implementing the restructuring and redeployment of US domestic and international workforces in connection with all manner of corporate initiatives and transactions. He is also part of the firm’s cross-practice Global Workforce team, which provides integrated cross-border advice, counseling, and strategic planning across the spectrum of labor, employment, benefits, and immigration issues.

David is a contributing author to Getting the Deal Through—Labour and Employment, a desk book that provides analysis in key areas of global employment law and policy for corporate counsel, cross-border legal practitioners, and global team leaders.

• Advised a leading retailer on the outsourcing of certain creative and content services to its printing vendor. The transaction involved the outsourcing provider hiring over 120 former company employees, advising the client regarding the disposition of its employees not hired by the outsourcing provider, and the structuring of a long term outsourcing agreement for photography, video, and other creative services.
• Representation of a leading sports, fashion, and entertainment company, providing and overseeing advice and counsel across all platforms on a wide range of labor and employment matters globally, including defense of employment claims, wage and hour litigation defense and compliance counseling, labor-management relations, employment policies and practices, workplace training, and immigration matters.
• Lead outside employment counsel working with a global Fortune 100 company on the consolidation of its North American operations and relocation to a new, state of the art headquarters in a new location. This matter has involved extensive analysis and planning with respect to retention and severance programs, relocation programs, benefits programs, job placement and talent retention strategies, and interim staffing strategies and contracts.
• Advice and counsel as part of a multidisciplinary team of lawyers and consultants with respect to a major manufacturer’s withdrawal from a joint venture and the consequent wind-down and dissolution of the joint venture. The matter involved the disposition of more than 4,000 union and nonunion employees, representation in front of governmental agencies, and related individual and class-action litigation.
• Lead outside and employment counsel to a Fortune 250 consumer products company with respect to the global restructuring of its workforce over a three-year period.
• Lead outside employment counsel to a major financial institution with respect to the integration of its operations and consequent reductions-in-force, following a merger with another significant financial institution.
• Lead outside employment counsel to a private equity firm in connection with the acquisition of a substantial product line of a health sciences manufacturer. The matter involved the coordination of international counsel across 60 in-scope countries with respect to the human resources–related transactional diligence, the disposition and integration of employees internationally, the strategy related to works council matters, and related employment matters.
• Advice and counsel to clients in planning and implementing literally hundreds of large- and small-scale reductions in force domestically and internationally.
• Advice and counsel to dozens of clients in planning and implementing voluntary retirement and other exit incentive programs.
• Lead outside counsel to a large telecommunications company with respect to developing and implementing its strategy to respond to a major strike by its union employees represented by the Communications Workers of America; obtained statewide injunction restricting the strike-related activities of the union employees.
• Representation of an online fantasy sports game company, providing advice on labor and employment practices and policies, wage and hour compliance, immigration, and tax issues.
• Advice and counsel to a financial services firm with respect to allegations of sexual harassment and gender discrimination against a principal of the firm. The matter involved the immediate investigation of the allegations, development of internal and external communications in anticipation of potential adverse media coverage, and private and confidential resolution of the matter.
• Representation of a major financial institution with respect to the contentious separation of a lead executive who was threatening high-profile and inflammatory litigation. The matter involved the investigation and development of a defense to the allegations being made by the executive as well as a public relations strategy. After private mediation, a private and confidential resolution was reached involving the resignation of the executive and the issuance of prepared internal and external communications.
• Advice and counsel to an employer with respect to whistleblower and discrimination allegations made by one of the employer’s in-house counsel. The matter involved the investigation and development of a defense to the allegations being made by the in-house counsel, and the negotiation of a private and confidential resolution involving the resignation of the in-house counsel.
• Lead outside counsel for a software development company in connection with federal court injunctive proceedings against a former employee that had, prior to beginning with a competitor, downloaded substantial confidential information and trade secrets through the use of a cloud storage device.
• Lead outside counsel for a large bank in obtaining summary judgment and dismissal of allegations of gender discrimination and retaliation by a female senior manager following her termination in connection with a departmental restructuring.

Results may vary depending on your particular facts and legal circumstances.