As co-chair of Zarwin Baum's employment practice, David F. McComb concentrates on handling complex commercial and employment litigation matters. He has extensive trial experience, handling over 100 trials and preliminary injunction hearings over his 30 year career.
David has particular experience with restrictive covenant and trade secret matters, trying dozens of such cases to conclusion in courts across the country. He has also handled numerous employment and securities arbitrations before the Financial Industry Regulatory Authority (FINRA), National Association of Securities Dealers and the New York Stock Exchange.
A graduate of Vanderbilt University and the University of Pittsburgh Law School, David’s experience includes roles as staff attorney with the United States Court of Appeals for the Third Circuit, seven years with the United States Attorney's office in Philadelphia and several years as Corporate Counsel for a Fortune 200 company. As an Assistant United States Attorney, he conducted many jury and non-jury trials, including a drug forfeiture case featured on "Court TV" and a variety of high-profile tort claims asserted against the federal government and its agents. As in-house counsel, David personally handled commercial litigation, employment, product liability and antitrust matters. In addition, he has conducted numerous training programs on a variety of corporate compliance topics. He is often asked to serve as an Arbitrator by the federal court in Philadelphia.
Based upon his experience, David believes some disputes must be litigated aggressively. However, others may be avoided or minimized by advanced strategic planning between clients and counsel.
David has achieved an “AV” Preeminent rating and been selected as a Top Rated Lawyer by Martindale-Hubbell. He also has been named a Pennsylvania “Super Lawyer” as published in Philadelphia Magazine.
Successfully handled several employee whistleblower claims.
Participated in more than 100 trials, preliminary injunction and arbitration proceedings throughout the United States.
Won a judgment after trial in federal court on behalf of a major Philadelphia law firm in a breach of contract action.
Won a reversal on appeal in federal court of an adverse decision against police officer clients sued in a Section 1983 civil rights action.
Obtained enforcement of dozens of non-compete, non-solicit and non-disclosure agreements between employers and departing employees.
Successfully represented numerous employees and employers in actions involving claims of sex discrimination, sexual harassment, age discrimination and discrimination based on handicap.
Successfully represented a major financial services company in actions by former employees for wrongful dismissal and defamation.
Represented financial services employers and employees in actions before the National Association of Securities Dealers and FINRA.
Represented small businesses in partner dissolution matters.
Successfully represented employees fired by the Philadelphia School District for “whistle-blowing” activity concerning their employers.
Defended a Philadelphia area developer sued by a contractor at trial in a breach of contract action.
Represented business owners in environmental enforcement actions brought by government agencies.
Won dismissal before trial of a breach of contract claim against a real estate developer.
Successfully defeated injunction claims brought by major petroleum refiner against gasoline retailer clients in action under the Petroleum Marketing Practices Act.
Defeated an injunction action brought by a bank in the Court of Common Pleas of Lancaster Country against a former bank employee client employed in another state.
Represented franchisee of national franchise in injunction actions to terminate franchise agreements.
Obtained a significant settlement on behalf of a health care professional under the Pennsylvania Whistleblower Law.
Successfully handled several matters involving premises access under the Americans With Disabilities Act.
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