Member Profile

David W. Garland is a Member of the Firm in the Employment, Labor & Workforce Management practice, in the firm's New York and Newark offices. Mr. Garland is also Chair of the firm's National Labor and Employment Steering Committee and a member of the firm's Board of Directors.

Referred to as an “excellent, experienced litigator” in Chambers USA (2015) and because of his extensive jury trial skills, Mr. Garland is frequently retained in matters involving clients’ most senior executives and in high-profile, high-stakes, and highly sensitive cases.

Epstein Becker Green’s Employment, Labor, and Workforce Management practice is one of the largest in the United States limited to the representation of management as listed in Workforce Management magazine's most recent ranking of the top 10 U.S. employment law firms. We take a personalized approach to our clients, providing services that are tailored to, and focused on, meeting all their labor and employment law needs.

The firm offers advice and representation to companies across various industries, with a particular focus on financial services; hospitality; retail; technology, media, and telecommunications; 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.

- Employment discrimination, wrongful discharge, and other employment-related litigation, including cases involving allegations of whistleblowing, retaliation, sexual harassment; discrimination; alleged violations of family leave, equal pay, and other statutes; and contract, public policy, and tort claims;

- Restrictive covenants, including non-compete agreements; and

- Wage and hour litigation

As a member of Epstein Becker Green’s Israel practice, Mr. Garland frequently represents U.S. subsidiaries of technology and other companies headquartered in Israel. He also represents employers in cross-border human resources issues.

- 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.

Mr. Garland is admitted to practice in the States of New York and Jersey and in the District of Columbia. He is also admitted in the federal courts in New York and New Jersey and the Courts of Appeal for the Third and Fifth Circuits, as well as the United States Supreme Court.

- Five ACA Issues That Employers Should Be Following

- Mainstream Wellness Program Challenged in EEOC v. Honeywell

- The Hobby Lobby Decision: What Does It Mean for Employers?

- Supreme Court Provides Expansive Interpretation of Sarbanes-Oxley Whistleblower Protection Provision, in Bender’s Labor and Employment Bulletin

- High Stakes and High Priorities: Epstein Becker Green's 34th Annual Workforce Management Briefing

- ABA/ELA Transatlantic Conference: Legal Privilege and How to Preserve It

- It's In The Bag – Summary Of Bag Check Litigation And Strategies For Minimizing Risk at the NRF HR Executive Summit 2014

- The Government Is Calling: Are You Prepared? - 33rd Annual Labor & Employment Client Briefing

- Academy of New Jersey Management Attorneys

- American Bar Association, Labor and Employment Law Section

- American Employment Law Council

- College of Labor and Employment Lawyers

- Litigation Counsel of America

- National Finance Industry Employment Law Committee

- New Jersey State Bar Association, Labor and Employment Section

- New York State Bar Association, Labor and Employment Law Section

- XBHR Global Forum for Cross-Border HR Experts

- The College of Labor and Employment Lawyers

In 2013, Mr. Garland was admitted 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.

- The American Lawyer and Martindale-Hubbell

Mr. Garland was selected for inclusion in The American Lawyer and Martindale-Hubbell's Top Rated Lawyers 2014 list in Labor and Employment.

- The Best Lawyers in America

Mr. Garland has been selected by his peers for inclusion in The Best Lawyers in America© (2006 to 2016) in the fields of Employment Law—Management and Labor Law—Management.

- Chambers USA: America's Leading Lawyers for Business

Mr. Garland has been named in Chambers USA among the "Leaders in Their Field" since 2010. Chambers USA has noted 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);

• "'fully understands the business realities and gives practical advice'" (2013); and

• “an excellent, experienced litigator” (2015).

- Employment Law Experts

In 2014, Mr. Garland was the only attorney in New Jersey recommended and endorsed by Employment Law Experts.

- The Legal 500 United States

Mr. Garland was recommended in the Labor and Employment Litigation category by The Legal 500 United States in 2013 and 2014.

- New Jersey Super Lawyers

Mr. Garland has been named to the New Jersey Super Lawyers list (2005 to 2015) in the areas of Employment & Labor and Employment Litigation: Defense.

- Who's Who Legal: The International Who's Who of Management Labour & Employment Lawyers

Mr. Garland has been listed in Who's Who Legal: The International Who's Who of Management Labour & Employment Lawyers (New York, 2013; New Jersey, 2014 and 2015).

Mr. Garland is an active member of the American Bar Association’s Labor & Employment Section. He also has a history of government service, having worked in the U.S. Senate and for the Governor of New Jersey.