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 claims under California’s 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 a temporary restraining order in Texas state court against a former sports agent on behalf of sports agency in a case involving allegations of misappropriated funds and breaches of post-employment obligations.
• Secured summary judgment defeating all of the plaintiff’s claims and obtained a nine-figure stipulated judgment on the client’s cross-complaint against the plaintiff just three days into a two-week jury trial. The dispute involved a supply chain logistics and industrial warehousing client and centered on a multi-million-dollar California property with complex contract and tort claims at issue.
• Obtained a temporary restraining order in California state court on behalf of a tax preparation company against several former employees accused of orchestrating a coordinated departure to divert clients, misusing confidential information, and violating non-solicitation and other post-employment obligations.
• Obtained summary judgment in federal court on behalf of a manufacturing and industrial client in a whistleblower retaliation case brought by a former officer and director. David successfully argued that a company intent on retaliation would have acted when alleged misconduct first surfaced rather than waiting until the officer refused to cooperate with the resulting investigation.
• Defeated two requests for a temporary restraining order and a motion for preliminary injunction in a trade secret and non-compete dispute on behalf of a consulting company and its principals. David persuaded the court that the plaintiff failed to identify any protectable trade secrets and that its non-solicitation clause was unenforceable under California law—an argument validated by the California Court of Appeal in a separate matter over five years later.
• Obtained a complete, voluntary dismissal of a $1.4 million fraud lawsuit against a former officer and director client after David filed a summary judgment motion demonstrating that the plaintiff’s allegations, discovery responses, and deposition testimony were provably false.
• Secured a $250,000 settlement for an employer-client in a case against a former high-level employee accused of unfair competition, breach of duty of loyalty, and trade secret misappropriation. 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 the client no longer employed her 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.