Perspectiva General

David Gartenberg represents and advises employers of all sizes in complex litigation and employment law matters in federal and state courts nationwide. He has extensive experience litigating cases, including those involving allegations of discrimination, harassment, retaliation, wrongful termination, sick pay violations, and various other legal theories. David regularly appears in trial and appellate courts as part of his advocacy for his clients, and he is barred in multiple state and federal courts—including Colorado, New York, New Jersey, and a number of federal district and appellate courts—as well as before state and federal agencies.

Apart from his litigation practice, David also helps employers of all sizes navigate complex rules regarding sick pay, leave, and accommodation issues, including those involving federal laws like the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA), and Colorado laws like the Healthy Families and Workplaces Act (HFWA) and Family & Medical Leave Insurance Act (FAMLI). David is also a core member of Littler’s Workplace Violence Prevention and Crisis Response Practice Group, and he has wide-ranging experience problem solving with clients on issues relating to concerns of potential workplace violence.

He has significant clients in the following industries:

  • Financial services
  • Health care
  • Technology and start-ups
  • Construction

David also regularly conducts trainings for clients on various employment law topics, and frequently lectures and authors articles on emergency emergent Colorado and federal employment law developments.


Named, Ones to Watch

The Best Lawyers in America®


Named, Rising Star

Super Lawyers


News, Analysis & Press

Colorado employers must prepare for these new laws in 2024

The Sub & Substance

December 19, 2023

Colorado Enacts A Slew Of New Employment Laws

Law Week Colorado

August 10, 2023

Changes in Gun Laws Affect the Workplace

SHRM Online

August 18, 2022

CMS Vaccine Mandate Blocked Nationwide


December 2, 2021

Libros & Capítulos

  • Co-author, Colorado chapter, Employment at Will: A State-by-State Survey, American Bar Association, 2021
  • Co-author, Colorado section, Employment At Will Treatise, 2018 Supplement

Speaking Engagements

Colorado POWR Act

Lorman CLE Webinar

October 25, 2023

Legislative Updates from Management and Employee Counsels’ Perspectives

Colorado Bar Association

October 19, 2023

From the "Judge's" Bench: A Report Card on 2022-2023 FMLA/ADA Developments

Littler Executive Employer Conference, Phoenix, AZ

May 11, 2023

Workplace Violence Through the LoD Lens – Compliant Solutions for the Questions You Have Today


February 28, 2023

Implementing Workplace Weapons Policies After SCOTUS' Bruen Decision

Strafford Webinar

February 8, 2023

Program Chair, Federal Practice Update 2022

Federal Bar Association – Colorado Chapter and the Faculty of Federal Advocates

July 29, 2022

Practically Navigating Complex, Real-Life Leave and Accommodation Scenarios

Littler Executive Employer Conference

May 5, 2022

The Road Map for Navigating Workplace Violence Issues in Colorado

November 3, 2021

2021 Rocky Mountain Virtual Regional Employer Conference

Denver, CO

October 6, 2021

Returning to Work in Colorado: Considerations for Employers in Year Two of the Coronavirus

Denver, CO

June 2, 2021

Compliance Coffee Talk

Denver, CO

April 7, 2021

COVID-19 in the Workplace: Recent Developments and Compliance Challenges - Session Eleven

February 5, 2021

2020 Rocky Mountain Virtual Employer

November 18, 2020

The New Normal: Colorado's Changing Leave Law Landscape

July 9, 2020

The Next Normal: Strategies and Best Practices for Returning to Work in Colorado

May 11, 2020

Tales from the Trenches: Updates and Practical Guidance for Employers on COVID-19

April 21, 2020

Recent Developments In Noncompetition and Nonsolicitation Law In Colorado

Colorado Bar Association CLE

January 16, 2020

Preventing and Responding to Workplace Violence: What Would You Do If…?

2019 Rocky Mountain Employer Conference, Denver, CO

October 4, 2019

Colorado Employment Law Update

2019 Rocky Mountain Employer Conference, Denver, CO

October 4, 2019

Rehab Roundup: Managing Employees with Substance Abuse and Addiction Issues

Rocky Mountain Employer Conference

September 21, 2018

A Little(r) Painkiller for Your FMLA and ADA Migraines: Best Practices for Frequently Encountered Scenarios

2017 Littler Rocky Mountain Employer Conference

October 3, 2017


  • J.D., Cornell University Law School, 2010
  • B.A., Cornell University, 2005

Admisión de la barra

New Jersey
New York


  • U.S. Court of Appeals, 2nd Circuit
  • U.S. District Court, Southern District of New York
  • U.S. District Court, Eastern District of New York
  • U.S. District Court, District of Colorado