David E. Schwartz

Mr. Schwartz regularly represents clients before state and federal administrative agencies and courts, as well as in arbitration proceedings. His litigation experience includes defense of retaliation, discrimination, wage/hour, breach of contract and fraud claims, including potential class actions. He also regularly represents clients in cases concerning the enforcement of restrictive covenants and breaches of fiduciary duties.

Mr. Schwartz often advises clients on non-litigation matters, as well as on a variety of ESG- and AI-related issues. In particular, he has worked with clients to:

• conduct internal investigations
• implement non-harassment policies
• create compensation programs
• negotiate employment and separation agreements
• negotiate collective bargaining agreements
• implement reduction-in-force plans

Mr. Schwartz also advises clients in connection with business transactions, including restructurings. His work in this area involves, among other things, the development and implementation of strategies to retain key executives and professionals.

Mr. Schwartz has represented a wide array of clients, ranging from new ventures to multinational corporations including, among many others, BlackRock, Inc.; BTG Pactual; Christie’s Inc.; Citigroup Inc.; Credit Suisse; C.V. Starr & Co.; DaimlerChrysler AG; Deloitte LLP; Dresdner Bank AG; Duff & Phelps Corp.; DuPont; Fortress Investment Group; Home Box Office, Inc.; Jackson National Life Insurance Company; Kinetic Concepts, Inc.; Mars, Incorporated; Practising Law Institute; Rite Aid Corporation; UGL Limited; Valeant Pharmaceuticals; Van Cleef & Arpels, Inc.; Veritas Capital; and Virgin Mobile USA.

Mr. Schwartz has been selected repeatedly for inclusion in Chambers USA: America’s Leading Lawyers for Business and Best Lawyers in America. He has been named as an Employment Trailblazer by the National Law Journal and a Labor and Employment Star in Benchmark Litigation, and has consistently been listed among the nation’s leading corporate employment attorneys by Lawdragon and Human Resource Executive. Mr. Schwartz also regularly writes columns on labor and employment issues for the New York Law Journal.

Speaking Engagements

Speaker, “Potential Private Sector Implications of the Supreme Court’s Affirmative Action Ruling,” Skadden webinar, July 20, 2023

Speaker, “AI & the Workforce: IP, Employment and Privacy Considerations,” Skadden webinar, June 1, 2023

Speaker, “Reopening Your Business Post COVID-19: Emerging Legal, Compliance and Risk Issues,” SAI Global webinar, June 23, 2020

Speaker, “COVID-19: Employment and Cybersecurity Considerations,” Skadden webinar, March 17, 2020

Speaker, “Key Trends in Executive Compensation, Employment Law and Compensation Committee Practices,” Skadden webinar, February 5, 2019

Speaker, “Practical Approaches to Equal Pay Audits,” Skadden webinar, December 6, 2018

Speaker, “Equal Pay: Voluntary Disclosure, Activism and Litigation,” Skadden webinar, October 4, 2018

Speaker, “Key Trends in Executive Compensation, Employment Law and Compensation Committee Practices,” Skadden webinar, February 28, 2017