Birnbaum, David S.

Current Employment Position(s)

Associate

Lawyer Overview

David Birnbaum represents employers in a variety of labor and employment law matters. A significant portion of his practice is focused on advising and representing clients with respect to labor management relations issues, including collective bargaining, unfair labor practice proceedings, arbitration proceedings, union organizing and decertification proceedings, corporate campaigns, work stoppages, and litigation arising under the Labor Management Relations Act.

David also represents clients, in both state and federal court, in employment litigation matters, including cases brought pursuant to the Employee Retirement Income Security Act, the Fair Labor Standards Act, Title VII of the Civil Rights Act of 1964, and the Age Discrimination in Employment Act. In addition, David frequently counsels employers regarding labor and employment issues, including hiring and firing issues, OFCCP compliance issues, compensation and benefit issues, noncompete and confidentiality issues, reductions in force, employment and severance agreements, wage and hour compliance, and occupational safety issues. David also frequently defends employers against charges brought before administrative agencies and counsels employers on labor and employment issues arising in mergers and acquisitions and other business transactions.

Areas of Practice

• Labor & Employment

Representative Cases

• Abbott Laboratories acquires Visiogen in a $400 million private company merger , (2009)
• Albanian granted U.S. asylum on humanitarian grounds
• Cameroonian client wins U.S. asylum
• CareerBuilder successfully resolves FLSA collective action
• Continental Tire obtains preliminary approval in settlement in ERISA class action
• Continental Tire successfully defends against unfair labor practice charges , (2009)
• FleetPride defends against putative nationwide FLSA collective action
• Jeffboat, a subsidiary of American Commercial Lines, successfully negotiates with Teamsters Local 89 , (2009)
• Kosovo-Albanian political activist wins U.S. asylum
• Resilience Capital sells business unit of ASC Signal Corporation , (2009)
• Ron's Staffing Services defends against wage-hour class action; class settlement preliminarily approved , (2009)
• Verizon Communications defends against appeal of summary judgment and obtains full victory
• Verizon defends against labor arbitrations involving contract administration and enforcement with the IBEW and CWA
• Victor Acquisition Corp., an affiliate of Resilience Capital Partners, acquires substantially all of the assets of Victor Oolitic Stone Company in a 363 sale , (2009)
• Viking Range defeats Whirlpool in its attempt for injunctive relief to prohibit former exec from working at Viking
• Woodward Governor acquires MPC Products for $383 million , (2009)

West Practice Categories

Collective Bargaining, Labor Arbitration, Labor Disputes, Labor Law, Labor Legislation, Labor Relations Boards & Proceedings, Unfair Labor Practices, Unions, Wage & Hour Laws, Worker Adjustment and Retraining Notification (WARN) Act

Bar Admissions

• Illinois

Education

• Miami University - Ohio
• U of Michigan - Ann Arbor

Published Works

• The National Labor Relations Board's Authority to Influence U.S. Labor Policy Through Rulemaking and Other Methods, 2010
• Kentucky River Trilogy: Recent NLRB Decisions Clarify the Definition of the Term "Supervisor" Under the NLRA, HR Advisor: Legal & Practical Guidance, Vol. 13, No. 1,, 2007

Address

77 West Wacker
Chicago, IL 60601-1692

Phones

1.312.269.4005 (Business Phone)

Faxes

1.312.782.8585 (Business Fax)

Emails

Contact Us (Business Email)

Websites

http://www.jonesday.com