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Downtown West Palm
Beach Office

Esperanté Building
222 Lakeview Avenue
Suite 210
West Palm Beach, FL 33401

Phone: (561) 659-3300
Fax: (561) 659-1911


Northern Palm Beach
County Office

Greenway Professional Center
4455 Military Trail
Suite 202
Jupiter, FL 33458

Phone: (561) 659-3300
Fax: (561) 253-1270
 
David I. Spector  

email email   vcard vcard  phone 561-253-2201

dspector@schwarzberglaw.com

David I. Spector, AV-rated by Martindale Hubbell, dedicates his practice to employment and civil rights litigation, employment counseling and commercial litigation. Mr. Spector has extensive jury and bench trial experience, having successfully tried cases in both Federal and State court and handled arbitrations before the American Arbitration Association and the National Association of Securities Dealers. In addition to his litigation practice, Mr. Spector regularly defends clients in investigations commenced by the U.S. Department of Labor, the U.S. Equal Opportunity Commission, the Florida Commission on Human Relations and other local administrative agencies. Mr. Spector also has experience in defending clients in claims brought under the Fair Housing Act and has successfully litigated against the U.S. Department of Housing and Urban Development and the U.S. Department of Justice. Further, Mr. Spector regularly assists clients with their non-litigation needs including supervising internal investigations, policy revisions and diversity training. Mr. Spector is a frequent lecturer on employment law and has been published and cited in numerous national publications. In the commercial arena, Mr. Spector handles complex commercial litigation involving business disputes, breach of contract, claims of Unfair and Deceptive Trade Practices, defamation, defense of professional negligence claims and other related causes of action.

David was formerly a partner in the Labor & Employment Group of Steel Hector & Davis LLP. Prior to joining Steel Hector & Davis LLP, David was an associate at Arnstein & Lehr LLP.

David Spector
Martindale Hubbell AV Rated
AV® Rated by
Martindale-Hubbell
 

Areas of Experience

  • Labor and Employment Litigation
  • Commercial Litigation
  • Appellate Practice
  • Employment Counseling
 

Practice Areas

  • Represents local, national, and international companies in all aspects of employment law including discrimination, harassment, and retaliation claims brought under Title VII, Section 1981, the Americans with Disabilities Act (ADA), the Age in Discrimination Employment Act (ADEA), the Family and Medical Leave Act (FMLA), the Florida Civil Rights Act, the Florida Whistleblower’s Act, wage and overtime claims pursuant to the Fair Labor Standards Act (FLSA), reduction-in-force issues, Older Workers Benefit Protection Act (OWBPA) issues, Workers Adjustment and Retraining Notice Act (WARN) issues and Fair Housing Act.
  • Represents clients in litigation involving non-compete agreements and misappropriation of trade secrets under the Uniform Trade Secrets Act.
  • Supervises and conducts internal investigations.
  • Conducts legal audits of client workplaces to evaluate and ensure compliance with local, State, and Federal laws including wage and hour / Fair Labor Standards Act compliance.
  • Conducts training for employees and management. Drafts and updates policy manuals and employee handbooks.
 

Honors

  • Selected as "Key Partner" by the South Florida Business Journal for Labor and Employment Law, 2008
  • Martindale Hubbell AV Rated AV® Rated as independently determined by Martindale-Hubbell
  • Florida Trend Magazine, “Legal Elite”, 2005 & 2007 for Labor and Employment Law (Represents top 2% of all Florida lawyers as chosen by other attorneys and judges)
  • Florida Super Lawyer, 2006, 2007 & 2008 for Labor and Employment Law
  • University of Miami Corporate Moot Court Competition, winner
  • Phi Delta Phi Legal Honor Society
 

Accomplishments

  • Acts as national employment counsel for a California based international entertainment and retail corporation including management and supervision of all employment litigation throughout the United States.
  • Obtained a defense verdict for an international pharmaceutical manufacturer in a seven-day Federal jury trial in which the plaintiff claimed violation of the Florida Private Whistleblower Act.
  • Represented an employment practice liability insurance carrier in a five-day jury trial involving claims of age discrimination and retaliation resulting in a defense verdict.
  • Obtained a directed verdict in favor of a Fortune 50 company after three days of trial involving civil rights violations, false arrest and spoliation of evidence.
  • Enforced, in multiple venues, international entertainment and retail corporation's, employer's mandatory arbitration agreement resulting in dismissal of claims brought in Federal Court.
  • Obtained affirmance on appeal from the U.S. Court of Appeals for the Eleventh Circuit after the enforcement of a settlement agreement in race discrimination and retaliation case.
  • Obtained affirmance on appeal from the U.S. Court of Appeals for the Eleventh Circuit after obtaining an award of all attorneys’ fees and costs incurred in defending race discrimination in the United States District Court for the Southern District of Florida.
  • Obtained affirmance on appeal from Fourth District Court of Appeal of summary judgment in favor of a Fortune 500 international retailer involving claims of race discrimination and retaliation.
  • Obtained favorable summary judgment for a Fortune 500 international retailer for claims involving race discrimination and retaliation.
  • Lead counsel in a national class action for an international retailer and entertainment venue involving claims of race discrimination successfully resolved prior to class certification.
  • Represented two international retailers and successfully defended two separate petitions for Writ of Certiorari before the United States Supreme Court.
  • Obtained dismissal of case of an employee’s claim of retaliatory discharge in violation of 49 U.S.C. §42121 (Air 21) for international aircraft manufacturer.
  • Obtained summary judgment in favor of Fortune 500 company on claims of negligence and fraud and had all claims against the members of the board of directors dismissed with prejudice.
  • Obtained dismissal of claims against international food distributor involving allegation of race discrimination and retaliation.
  • Obtained injunction in favor of client against former employees for violations of the Uniform Trade Secrets Act and related torts.
  • Obtained dismissal of race discrimination claim brought against international entertainment and retail corporation by the Civil Rights Division of a large municipality.
  • Successfully defended multiple out-of-state corporations in separate wage and hour investigations by the U.S. Department of Labor, which resulted in a finding of no violations for the clients.
  • Successfully defended owner of apartment complexes in Fair Housing Act discrimination cases commenced by HUD, the Civil Rights Division of the Department of Justice, and the United States Attorneys Office involving allegations of fair housing discrimination.
  • Obtained final judgment in favor of international retailer after bench trial involving claims of product defects.
  • Represented the Florida Secretary of State in the 2000 Presidential Election litigation before the Florida Supreme Court, 11th Circuit Court of Appeals, 4th District Court of Appeal and multiple trial level (both state and federal) courts.
  • Represented the Florida Secretary of State in challenge raised to multiple Florida voting procedures brought by the NAACP.
  • Obtained dismissals of claims of violation of non-compete agreement, tortious interference, misappropriation of trade secrets and wrongful termination.
  • Conducted employment diversity training for parent company of Major League Baseball team.
  • Conducted employment diversity training at various locations throughout the United States for international retailer and entertainment venues.
 

Cases

  • Ortega v. Florida Unemployment Comm., 884 So.2d 503 (1st DCA 2004).
  • Fladell v. Palm Beach County Canvassing Board, 772 So.2d 1240 (Fla. 2000).
  • Robert N. Harris, Jill Katz, et al. v. Florida Elections Commission, Florida Elections Canvassing Commission, et al. and Steven Medina, Daniel H. Donaldson, et al. v. Florida Elections Canvassing Commission, Katherine Harris, et al, 235 F.3d 578 (11th Cir. 2000)
  • White v. Purdue Pharma, Inc., 369 F. Supp.2d 1335, 2005 WL 1220663 (M.D. Fla. 2005)
  • Moore v. Home Depot , 52 Fed. Appx. 493 (Table) (11th Cir. 2002); 538 U.S. 961 (2003); (Cert. Denied) 886 So. 2d 239 (Table) (Fla 4th DCA 2004); 131 Fed. Appx. 271 (Table) (11th Cir. 2005)
  • Cohen v. Office Depot, 531 U.S. 957 (2000) (Cert. Denied)
 

Professional Involvement

  • Palm Beach County Bar Association, Labor & Employment Section, member
  • American Bar Association, Labor and Employment Section, member
  • Defense Research Institute, Employment Law Committee, member
  • Florida Defense Lawyers Association, Employment Law Section, member
  • Society for Human Resource Management, member
  • Florida Bar Labor & Employment Section, ABA Liaison Subcommittee, former member
 

Community Involvement

  • Opportunity Inc., West Palm Beach, member, Board of Directors
  • Center for Family Services, West Palm Beach, member, Board of Directors
  • United Way of The Palm Beaches, community investment review team member
 

Speeches and Conferences

  • Featured speaker on Employment Law at the National Associaton of Legal Recruiters National Conference, May 2008
  • Featured speaker at the Daily Business Review's 2008 Labor & Employment Law Roundtable
  • Schwarzberg Spector Duke & Rogers Employment Law for Law Firms Seminar, 2007
  • Schwarzberg Spector Duke & Rogers Employment Law for Non-Profits, 2007
  • Chairperson, Federal Practice Session of Palm Beach County Bar Association's Bench / Bar Conference, October 2007
  • The Palm Beach Post, Storm 2006, commentator on hurricane and storm related employment law issues
  • Retaliation & Whistleblowing: The New Claim of Choice, HR Florida Annual Conference, The Art of Human Resources, Pre-conference Workshop, October 2004
  • Hiring & Firing, Steel Hector & Davis Labor & Employment Breakfast Series, September 2003
  • Employment Practice Issues, Sterling Education Services, May 13, 2003
  • The Grey Goose’s 19th Hole, The Golf Channel Legal Analyst, February 2003
  • Hazards of the Holidays, Steel Hector & Davis Labor & Employment Breakfast Series, October 2001; October 2002
  • State and Federal Personnel Laws in Florida, Lorman Education Services, State and Federal Personnel Laws in Florida, Miami, June 2002
  • Overview of Employment Law, Palm Beach Medical Society, October, 2001
  • Human Resource Audits in Florida, Lorman Education Services, Miami, April 19, 2001
  • Policing Your Policies, Steel Hector & Davis Labor & Employment Breakfast Series, February 2001
  • A Manufacturer’s Duty to Warn: Update, Corporate Legal Executives Conference, 1999
 

Publications

  • DRI's The Job Description "Employers Now Face Fewer Impediments to Conducting Employee Investigations", Spring, 2005
  • Atlantic Coast In-House, A quarterly publication of Lawyers Weekly, Inc. “Whistleblower Victory Provides Lessons for In-House Counsel”, April, 2004
  • For the Defense, “A Roadmap to Understanding Changes”, January, 2002
 

Education

  • University of Miami School of Law, J.D., 1996
    • Business Law Journal
    • Phi Delta Phi Legal Honor Society
  • Syracuse University, B.S., 1993
    • Academic Scholarship
    • Dean’s List
 

Admitted to Practice

  • Florida, 1996
  • U.S. Supreme Court
  • U.S. Court of Appeals, Eleventh Circuit
  • U.S. District Court, Southern, Middle and Northern Districts of Florida
 
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