Marshall, David R.

David R. Marshall

Of Counsel
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David Marshall represents employers in state and federal court proceedings, and before various government administrative agencies, in matters involving claims of employment discrimination, breach of contract and restrictive covenants, wrongful discharge and unfair labor practices.

David Marshall represents employers in state and federal court proceedings, and before various government administrative agencies, in matters involving claims of employment discrimination, breach of contract and restrictive covenants, wrongful discharge and unfair labor practices.

David began his legal career at the National Labor Relations Board in Washington, D.C., where he briefed and argued a variety of unfair labor practice and representation cases in the U.S. Courts of Appeals throughout the country. In 1983, he entered private practice representing management with Simpson, Thacher & Bartlett, practiced for a number of years at Proskauer Rose, and in 1992 founded Marshall & McEvoy, a labor law boutique that he and his partner brought to the Firm's New York office in 2004.‎ David currently holds an appointment as Adjunct Professor and Director, Center for Labor & Employment Law, at St. John’s University School of Law.

David's experience includes:

  • Represents employers in all phases of employment litigation, from preliminary injunction, pleading and discovery through trial or summary judgment as well as in post-judgment appeals
  • Appears on behalf of employers in grievance arbitrations under collective bargaining agreements regarding matters of contract interpretation and employee discipline
  • Counsels employers concerning compliance with civil rights statutes, labor laws and workplace regulations
  • Assists clients with the formulation of personnel policies and provides training to human resources and operational staff in effective management techniques and litigation avoidance
  • Advises employers regarding the design and implementation of layoff and severance programs that will achieve business objectives in compliance with applicable law
  • Negotiates and drafts employment agreements and severance contracts to effectuate employer’s hiring goals and protect employer’s post-termination interests in intellectual property, confidential information and customer good will
  • Advises and aids corporations in conducting efficient and effective due diligence concerning labor and employment issues associated with mergers and acquisitions and in negotiating employment- and labor-related provisions in SPAs and APAs
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CREDENTIALS
Education
  • J.D., with honors, University of Michigan Law School, 1980
  • B.A., magna cum laude, Harvard University, 1976
Bar Admissions
  • New York
Court Admissions
  • U.S. District Court for the Southern District of New York
  • U.S. District Court for the Eastern District of New York
  • U.S. Court of Appeals for the Second Circuit
Professional Affiliations
    • Member, New York State Bar Association
    • Co-Chair, NYSBA Committee on Legal Education and Admission to the Bar
    • Member, District of Columbia Bar Association