David J. Fishman

David J. Fishman

David J. Fishman, Senior Counsel

David represents management and individual entrepreneurs in all aspects of litigation from inception through resolution. He handles all facets of the litigation process in labor and employment disputes and has successfully arbitrated and tried cases on behalf of his clients. David has defended employers against charges of race, sex, age, national origin, ancestry, and disability discrimination; harassment; retaliation; wrongful discharge in violation of public policy; unfair competition and defamation.

He also defends employers in wage and hour class actions including claims for overtime, meal and rest periods, waiting time penalties, and other purported wage and hour violations. David has specific experience under the California Fair Employment and Housing Act, Title VII, the Age Discrimination in Employment Act, the Americans with Disabilities Act, and federal and California wage and hour laws.

He advises clients regarding personnel policies and procedures, employee discipline matters, employee handbooks, wage and hour compliance, and other employment issues. He also conducts employee training and investigations at the workplace and has authored several articles on various employment law matters.

David began his career in 2001 as an associate in the labor and employment department at Sheppard, Mullin, Richter & Hampton, LLP. In 2007, he moved his practice to the national labor and employment defense firm of Ogletree, Deakins, Nash, Smoak & Stewart, P.C., where he became a shareholder.

In 2011, David became the general counsel for an auto insurance salvage business while at the same time continuing his employment litigation defense work as a partner in the employment boutique firm of Gleason & Favarote, LLP. He joined Ballard, Rosenberg Golper & Savitt in 2012 as senior counsel.

David handles complex employment law and wage and hour disputes for a nationwide client base including Fortune 500 companies. Representative matters include:

  • Represented a nationwide retailer in successfully defending in a jury trial claims for age and disability discrimination;
  • Represented a transportation company in successfully opposing class certification and obtaining summary judgment on claims that the company failed to reimburse drivers for reasonable and necessary expenses; and
  • Represented an entertainment company in a successful demurrer to claims for disability discrimination, sexual orientation harassment, and retaliation.

Court Admissions

United States Courts of Appeals:

  • Ninth Circuit

United States District Courts:

  • Central District of California
  • Southern District of California
  • Eastern District of California
  • Northern District of California

B.A., Political Science, Emory University (1998)

  • Phi Beta Kappa
  • Dean’s List

J.D., University of Southern California Law School (2001)

  • University of Southern California Law Review, Senior Editor
  • Phi Alpha Delta Law Fraternity
  • Public Interest Law Foundation grant recipient
  • First-year writing instruction mentor
  • Southern California Rising Star, Super Lawyers (Labor & Employment Law) (2009 & 2010)
  • California State Bar, Labor and Employment Section
  • American Bar Association