David G. Waytz

David is a skilled advice lawyer and litigator who counsels employers on tough employment issues and works with businesses to prevent trade secret theft and unfair competition.

Prior to joining Fredrikson’s Employment and Labor Group, David worked in Washington, D.C., as a national security analyst. Before litigation begins, David leverages his security background and works with employers to develop the policies and techniques necessary to identify threats and prevent trade secret theft and unfair competition. David also helps employers manage risk and works to ensure that his clients stay on top of the rapidly changing employment law landscape.

As a litigator, David handles non-complete and trade secret cases, as well as discrimination, whistleblower, and wage and hour lawsuits.

David is a Minnesota native and proud product of the Minneapolis Public Schools.

Advice and Counseling

• Counsels employers on wide-ranging employment issues, including discrimination, harassment, hiring, firing, discipline, FMLA, reasonable accommodation, drug testing, and employment contracts.
• Evaluates risk regarding non-compete agreements and counsels employers on hiring employees subject to such agreements.
• Drafts employment agreements, severance agreements, non-compete agreements, employee handbooks, and other employer policies.
• Conducts workplace training and internal investigations.
• Helps clients implement comprehensive policies for protecting trade secrets and confidential information.

Non-Competes and Trade Secrets Litigation

• Defended and defeated trade secret action in Federal Court on behalf of technology company.
• Defended and defeated trade secret action in State Court and obtained award of attorneys’ fees on behalf of marketing and advertising company.
• Obtained restraining order on behalf of public biotechnology company preventing employees from violating non-compete and joining a competitor.
• Obtained restraining order on behalf of international food manufacturer against employee who had joined competitor in violation of a restrictive covenant.
• Assisted manufacturer’s representative in securing dismissal of CFAA and trade secret misappropriation case in Federal Court.
• Defended and defeated non-compete action by a competitor on behalf of a large advertising agency in State Court.

Employment Litigation

• Briefed, argued and obtained motion to dismiss a multi-count discrimination lawsuit in Federal Court.
• Briefed, argued and obtained motion to dismiss age discrimination lawsuit in Federal Court.
• Assisted employer in overturning $10 million judgment at Minnesota Court of Appeals on employment breach of contract and defamation claim.
• Assisted and secured no probable cause findings on numerous state and federal age, race, disability and sex discrimination charges.
• Represented employers in arbitration and mediation and secured favorable settlements.
• Won victories for employers in unemployment appeal proceedings.

Professional Licensing Work

• Assisted professionals in responding to Notice of Conference, Subpoenas, and other inquiries by the Board of Medical Practice, Board of Nursing, and other licensing bodies.
• Secured dismissals for health practitioners investigated by Minnesota Department of Health and State licensing bodies.

Pro Bono Representation

• Successfully defended employee wrongfully accused of theft in an unemployment compensation proceeding.
• Successfully defended employee wrongfully terminated for caring for a sick child in an unemployment compensation hearing.
• Overturned default judgment against a mother of two, enabling her to re-obtain her driver’s license.
• Recovered several thousand dollars on a judgment against party who breached contract with elderly couple.

Education

• Cornell Law School, J.D., 2011, cum laude
• Georgetown University, B.S., cum laude

Admissions

• Minnesota, 2011
• U.S. District Court for the District of Minnesota, 2011

• Minnesota Super Lawyers Rising Star, Employment & Labor, 2018-2022
• North Star Lawyer, Minnesota State Bar Association, 2013-2014
• Robert S. Pasley Memorial Prize for Scholarship in Law and the Humanities
• CALI Award: Biblical Law

Professional Activities

• Minnesota State Bar Association
• Cornell Journal of International Law, General Editor