David Gartenberg represents and advises employers of all sizes in complex litigation and employment law in federal and state courts nationwide. He has extensive experience in cases involving age, race, national origin, sexual, and disability discrimination, harassment, retaliation, wrongful termination, wage and hour issues, trade secrets, unfair competition, non-competition and non-solicitation agreements. He regularly defends clients in employment-related disputes before federal and state courts, the Equal Employment Opportunity Commission (EEOC), and the Colorado Civil Rights Division (CCRD), and the Department of Labor (DOL).

David works closely with all of his clients from the outset of a matter to ensure that their legal issues are resolved in the best possible manner given the circumstances of each case.

David has robust courtroom experience, including serving in a lead role in multiple trials and injunction hearings in the state and federal courts of Colorado, New York, and elsewhere. David’s recent representative matters include:

  • Defeated motion for a preliminary injunction against a company that hired an employee of a competitor who allegedly took trade secrets of his former employer following a hotly-contested evidentiary hearing in Denver District Court in the State of Colorado
  • Successfully argued for preliminary injunction following evidentiary hearing to protect client’s trade secrets, confidential information, and competitive advantage in Adams County District Court in the State of Colorado
  • Won summary judgment for rental car company on disability, FMLA, and harassment claims of a former employee claiming he had been wrongfully discharged in the U.S. District Court for the District of Colorado
  • Second chair at a federal bench trial for wrongful termination based on race and national origin, leading to the U.S. District Court for the District of Colorado dismissing plaintiff’s claims in their entirety and finding in full for the plaintiff
  • Obtained Rule 12 dismissal of class-based ERISA claims against multi-billion dollar engineering and construction company in the U.S. District Court for the Southern District of New York
  • Second chair at a federal bench trial defending company involving wage and hour and unpaid commissions issues, following which the U.S. District Court for the Southern District of New York found for David’s client in full, and the U.S. Court of Appeals for the Second Circuit affirmed
  • Successfully defended dozens of charges of discrimination in state and federal agencies, including the EEOC, CCRD, and DOL
  • Participated in multiple mediations, settlement conferences, and informal settlement negotiations in order to efficiently resolve disputes

David also serves as the Colorado coordinator and liaison for Littler’s Workplace Policy Institute (WPI). David focuses on Colorado state legislative and regulatory developments in employment and labor law, as well as municipal ordinances and regulation of the workplace. He assists the employer community in understanding and impacting Colorado legislation before it becomes law.

David regularly conducts trainings for clients focused on topics including harassment, discrimination, FMLA, and ADA issues. He regularly drafts updates to employment handbooks, including state supplements to conform to state and local laws throughout the United States.


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


  • 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

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

Foro di appartenenza

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