David M. Prager

/My focus

Employment Litigation

I defend employers against high-stakes employment-related claims in federal and state court litigation and before administrative agencies, including cases involving discrimination, harassment, unfair competition, non-compete agreements, trade secrets, and whistleblower claims. I also represent clients in wage and hour class actions and in claims under California’s Private Attorneys General Act (PAGA). With a proven track record of achieving favorable outcomes in all phases of litigated matters—whether through trial or strategic resolutions—I aim to protect clients by providing cost-effective defense strategies that align with their business objectives.

Employment Advice and Counseling

Beyond litigation, I provide strategic advice to employers on a wide range of workplace issues, including hiring practices, employee discipline, terminations, accommodations, and leaves of absence. I help businesses navigate wage and hour compliance and develop proactive policies to reduce litigation risks. With a deep understanding of California's complex labor laws, I offer practical, business-focused solutions that enable employers to address challenges effectively while maintaining compliance.

Complex Disputes

I have substantial experience handling complex business and commercial litigation, including high-stakes breach of contract and fiduciary duty disputes. My practice encompasses resolving complex issues involving corporate governance, partnership disputes, and allegations of financial misconduct. Clients rely on my ability to craft innovative legal strategies tailored to mitigate risk, safeguard assets, and achieve favorable results in “bet-the-company” litigation. Whatever the case, I am committed to protecting clients' interests while maintaining a sharp focus on their broader business goals.

/Representative experience

The below representative experience includes representations from prior firms.

• Obtained summary judgment in federal court on whistleblower retaliation claims by a former officer and director of a manufacturing and industrial client. David successfully argued that a company intent on firing an employee for whistleblowing activities would not pass up on the opportunity to do so when suspected wrongdoing against the officer was initially uncovered (the company instead terminated him when he failed to cooperate with the subsequent investigation into those claims).
• Defeated two requests for a temporary restraining order and a motion for a preliminary injunction on behalf of a consulting company and its principals in a trade secret/non-compete dispute. David successfully argued that the plaintiff had failed to identify any cognizable trade secrets and was unlikely to prevail on the merits of its claims. David also successfully argued that the plaintiff could not enforce an overbroad non-solicitation clause under California Business and Professions Code 16600—an argument approved of by the California Court of Appeal in a separate matter over five years later.
• Obtained an unqualified, voluntary dismissal of a complaint for fraud seeking $1,400,000 in damages against a former officer and director client after filing a summary judgment motion arguing that the complaint’s allegations, the discovery responses, and the deposition testimony provided by the plaintiff were false.
• Secured a $250,000 settlement on behalf of an employer-client against a former high-level employee accused of unfair competition, breach of duty of loyalty, breach of contract, and the misappropriation of trade secrets. David subpoenaed an out-of-state third-party witness, who produced documents damaging to the defendant’s position, resulting in a settlement of the matter shortly after the documents were produced.
• Obtained a voluntary dismissal of the entire action in a discrimination case by filing a motion for sanctions against the plaintiff, arguing that the plaintiff had already admitted she was no longer employed by the client at the time of the alleged discrimination.

/Looking ahead

Recent legislative actions in California have significantly impacted minimum wage laws and worker classifications. Employers should anticipate further minimum wage increases, including industry-specific hikes, and adjust their practices to remain compliant with California’s evolving labor standards.