Overview

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.

Recognition

Named, Rising Star

Super Lawyers

2015-2019

Books & Book Chapters

  • Co-author, Colorado section, Employment At Will Treatise, 2018 Supplement

Speaking Engagements

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

Education

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

Bar Admission

Colorado
New Jersey
New York

Courts

  • 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