David M. Prager

My focus

I regularly represent employers across a variety of industries including financial services, healthcare, retail, and technology in litigation matters across state and federal courts. I have extensive experience successfully representing and defending clients during all phases of litigated matters.

Labor and Employment

My practice encompasses employment discrimination litigation, defending unfair competition and contesting whistleblower claims—all on behalf of employers. I have a long track record of success in representing clients by trying cases to judgment or achieving resolutions on very favorable terms. My goal is to protect clients by resolving disputes efficiently and delivering cost-effective defense strategies aligned with overall business objectives.

In addition, I counsel clients on other matters involving employee hiring, discipline, termination, accommodation, leaves of absence, and wage and hour compliance.

Commercial Litigation

I have extensive experience in complex business and commercial litigation, working with large and mid-size companies to resolve disputes. I understand my client’s business and their objectives, which allows me to become a trusted advisor and informed advocate for them.

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.