David W. Garland

USA: New York

No Preview Available Epstein Becker & Green, P.C
250 Park Avenue
New York 10177-1211
Unites States

Tel: +1 212/351-4708
Fax: +1 212/878-8708

Email: dgarland@ebglaw.com
Web: www.ebglaw.com

Mr. Garland is a Member of the Firm in the Labor and Employment practice, in the firm’s New York and Newark offices. Mr. Garland is Chair of the firm’s Labor and Employment Steering Committee. Mr. Garland:

  • Defends clients in employment discrimination, wrongful discharge, and other employment-related litigation, including cases involving allegations of sexual harassment; discrimination; alleged violations of family leave; whistleblowing, equal pay, and other statutes; and contract, public policy, and tort claims
  • Represents clients in litigation concerning restrictive covenants, including non-compete agreements
  • Defends clients in wage and hour litigation
  • Counsels clients on developing employee handbooks and policies and practices (concerning employee discharge and discipline, downsizing and reductions in force, employee privacy, and restrictive covenants) to avoid employment-related litigation

Mr. Garland litigates in courts around the country, including California, Connecticut, the District of Columbia, Florida, Illinois, Massachusetts, Minnesota, New Jersey, New York, Pennsylvania, Tennessee, Texas, Virginia, and Washington.

Mr. Garland has received national recognition of numerous complex jury trials that he won on behalf of employers.

In 2013, Mr. Garland was elected to the College of Labor and Employment Lawyers as a Fellow, the highest recognition by one’s colleagues of sustained outstanding performance in the profession, exemplifying integrity, dedication, and excellence. He frequently speaks on employment law topics and, in 2002, he participated as a member of a panel on employment law issues with U.S. Supreme Court Justice Sandra Day O’Connor.

Mr. Garland has authored or coauthored many articles on employment law issues in the United States and the United Kingdom, and he is a contributor to the Retail Labor and Employment Law Blog and the Financial Services Employment Law Blog. He frequently speaks on employment law topics. In 2002, he participated as a member of a panel on employment law issues with U.S. Supreme Court Justice Sandra Day O’Connor.

Mr. Garland also has a long history of public service. He served on the staffs of U.S. Senators Bob Dole and Alfonse D’Amato and as a special assistant for New Jersey Governor Thomas H. Kean.

  • Representing a client in a case of first impression brought against it by the EEOC, which claimed that the client had entered into an oral settlement agreement during the conciliation process. The Fifth Circuit Court of Appeals affirmed dismissal of the EEOC’s complaint.
  • Convincing the New Jersey Supreme Court that an employer’s leave policy was not discriminatory, despite a pregnant employee’s claim that the policy disparately impacted females.
  • Winning a three-week jury trial for a large hotel and entertainment company, in which the former employee had alleged a hostile work environment based on age.
  • Defending a global financial services company in a case in which the Supreme Court of New York, Appellate Division, held that a former employee’s disability discrimination claim should have been dismissed on the employer’s summary judgment motion.
  • Quashing a $7 million whistleblower claim filed against a national insurance company by the president of the company’s subsidiary: The plaintiff alleged that he was fired for reporting to the Department of Insurance that his employer had filed fraudulent financial statements. Mr. Garland succeeded in transferring the case from a court to arbitration, pursuant to the plaintiff’s employment contract. The arbitrator ruled in favor of the insurance company.
  • Representing a large publicly traded utility company, Mr. Garland secured a jury verdict in the employer’s favor, where the employee had alleged wrongful termination because of a disability.
  • Representing a hospital, Mr. Garland secured a jury verdict on behalf of an employer in another disability discrimination case.
  • Convincing a court not to enjoin a manufacturing company’s security policy: To protect assets ($100 million of precious metals) on its premises, the company implemented a security policy that allowed the company to conduct searches requiring the removal of clothing, as warranted by the circumstances. Three female employees sued the company to stop enforcement of this policy. The case was covered by The Wall Street Journal and The New York Times. After Mr. Garland argued that the security policy was reasonable, the court upheld the policy.
In 2013, Mr. Garland was elected to the College of Labor and Employment Lawyers as a Fellow, the highest recognition by one’s colleagues of sustained outstanding performance in the profession, exemplifying integrity, dedication, and excellence. He was also recommended in the Labor and Employment Litigation category by The Legal 500 United States (2013). Mr. Garland has been selected for inclusion in New Jersey Super Lawyers since its inception in 2005. He has been listed in The Best Lawyers in America since 2006 and in Chambers USA: America’s Leading Lawyers for Business for several years, including 2013. Chambers notes that Mr. Garland “is acknowledged as a talented litigator who excels on behalf of financial services clients … lauded for his ‘calm demeanor and cool head in a crisis'” (2010); “lauded for bringing a ‘rare dose of common sense’ to complex employment disputes” (2011); “‘meticulous and doesn’t miss a thing’ … ‘extremely competent, a good litigator and never overworks a case'” (2012); and “‘fully understands the business realities and gives practical advice'” (2013).
As the 2012 edition of Chambers USA: America’s Leading Lawyers for Business points out, “Epstein Becker Green is recognized by sources as one of the leading national labor and employment firms.” Working from offices in nine key U.S. locations (Boston, Chicago, Houston, Los Angeles, New York, Newark, San Francisco, Stamford, and Washington, D.C.), our labor and employment attorneys have an outstanding breadth and depth of employment law knowledge and experience, plus a stated commitment to client service and value, and are uncompromising in their pursuit of excellence.

The firm provides labor and employment advice and representation to companies across various industries, with a particular focus on financial services, hospitality, and the full spectrum of health care and life sciences organizations, including hospitals and health systems, biotechnology and life sciences companies, health plans and health care insurers, pharmaceutical and medical device manufacturers, academic medical centers, and others.

The range of the firm’s capabilities and the knowledge and experience of our attorneys enable us to handle complex and challenging employment law issues for our clients. Epstein Becker Green’s clientele includes a large number of Fortune 500 companies and some of the world’s largest multinational entities. The firm also represents entrepreneurial ventures of all sizes that will form the backbone of tomorrow’s economy, as well as associations, nonprofit organizations, and public employers.

There is likely no employment law firm in the world with more experience in working with multinational employers than Epstein Becker Green. Our Labor and Employment practice provides counsel and representation to both foreign employers with operations in the United States and U.S. companies doing business overseas.

The firm has also counseled and presented papers before international bodies, such as the United Nations, as well as numerous trade and professional associations in Europe, Asia, and Latin America.

Epstein Becker Green is uncompromising in its pursuit of legal excellence and client service in its areas of practice: Health Care and Life Sciences, Labor and Employment, Litigation, Corporate Services, and Employee Benefits. The firm was founded to serve the health care industry and has been at the forefront of health care legal developments since 1973. The firm is also proud to be a trusted advisor to clients in the financial services, retail, and hospitality industries, among others, representing entities from startups to Fortune 100 companies. Our commitment to these practices and industries reflects the founders’ belief in focused proficiency paired with seasoned experience.

The firm’s national practices regularly share and access each other’s knowledge and resources to provide clients with tailored solutions to their legal and business issues. Understanding the complex evolution and critical trends within these areas enables Epstein Becker Green lawyers to provide clients with focused insight and deliver high-quality service and results.

Epstein Becker Green has approximately 275 lawyers practicing in nine offices throughout the United States—Boston, Chicago, Houston, Los Angeles, New York, Newark, San Francisco, Stamford, and Washington, DC—and is a founding member of the International Lawyers Network (“ILN”), an association of over 90 select law firms with more than 5,000 lawyers worldwide. The ILN provides Epstein Becker Green with easy access to high-quality legal services in 67 countries on six continents, which enables the firm to effectively serve our clients wherever their businesses take them. Moreover, the firm has successfully implemented focused initiatives in Asia, Europe, and South America to assist companies doing business in the United States.

 

“As chair of the labor and employment steering committee, David Garland has a broad-based employment practice. Over the last year he has led high-profile work for the firm defending employers in complex employee discrimination cases.”
Chambers USA, 2015