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David L. Johnson

Member
 
Phone:
615-744-8412
Fax:
615-256-8197
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Nashville Office
1200 One Nashville Place
150 Fourth Avenue, North
Nashville, TN 37219-2433

David Johnson has extensive experience in the litigation of disputes at the trial and appellate levels. His areas of experience include employment and business litigation and he represents clients in many industry sectors, such as healthcare and construction. He serves as Chair of the firm's Non-Compete and Trade Secrets Litigation practice group and has written multiple articles on the subject, as well as spoken at several conferences. Mr. Johnson is listed as a "Rising Star" in the Mid-South by Super Lawyers magazine.

Practice Areas
Labor & Employment
Litigation
ERISA Litigation
Employment Litigation
Non-Compete & Trade Secrets Litigation
Appellate
Presentations
  • "To Depose or Not to Depose." American Bar Association Labor & Employment Annual Conference, Seattle, WA, November 2011
  • "Hot Topics in Tennessee Employment Law," Nashville Bar Association Annual Conference, October 2011
  • "Tennessee Supreme Court Boot Camp," Tennessee Bar Association, October 2011
  • "State of the Union: Rule 56 and Rule 12 Motions in Tennessee," Tennessee Farmers Mutual Insurance Company Attorney's Day, August 2011
  • "Immigration Reform Law/Summary Judgment," Tennessee Chamber of Commerce Webinar, July 2011
  • "Tennessee Non-Compete and Non-Solicitation Agreements," M. Lee Smith Publishers Webinar, April 2011
  • "Exploiting Pleading Pitfalls," American Bar Association Labor & Employment Section, March 2011
  • "Retaliatory Discharge in Tennessee," Tennessee Bar Association Webcast, March 2011
  • "Employment Contracts in Tennessee." Lorman, February 2011
  • "Defending a Retaliatory Discharge Claim in Tennessee in Light of Gossett," Tennessee Attorneys Memo, December 2010
  • "Employment Law Risk Management," 2010 Nashville HR/Finance Conference, November 2010
  • "Lee Medical, Inc. v. Beecher," Tennessee Hospital Association, June 2010
  • "Tennessee Non-Competes and Non-Solicitations: Latest From the Appellate Courts and Practical Drafting Tips," M. Lee Smith Publishers, May 2010
  • "Workplace Investigations: Tips to Investigate Employee Complaints, Address Employee Concerns and Mitigate Liability," Nashville Area Chamber of Commerce, April 2010
  • "Exploring Retaliatory Discharge: Answers for Tennessee Attorneys," Tennessee Attorneys Memo, October 2009
  • "From Union Arbitration to Discrimination Rulings: The Latest on Employment Law from the U.S. Supreme Court," Tennessee Attorneys Memo, July 2009
  • "The Basics: Noncompete Covenants and Trade Secrets," ABA Labor and Employment Section, Employment Rights Responsibilities Committee Mid-Year, Puerto Vallarta, Mexico, May, 2006
  • "The Basics: Noncompete Covenants and Trade Secrets," ABA Annual Meeting, San Francisco, California, August, 2003
  • "The U.S. Supreme Court Year in Review," ABA Annual Meeting, Chicago, Illinois, August, 2005
  • "The U.S. Supreme Court Year in Review," ABA Labor and Employment Section, Employment Rights and Responsibilities Committee Mid-Year Meeting, Miami, FL, March, 2005
  • "The ADA/FMLA/Workers' Compensation Bermuda Triangle," ABA Annual Meeting, Atlanta, GA, August, 2004
  • "The ADA/FMLA/Workers' Compensation Bermuda Triangle," Lorman, Nashville, TN, December, 2004
  • "Enforceability of Non-Compete Agreements," Lorman, Nashville, TN, June, 2005
  • "Responsibility for Workplace Subpoenas," Lorman, Nashville, TN, 2005
  • "Enhancing Your Legal Writing Skills," Tennessee Bar Association, Nashville, TN, June, 2006
  • "Appellate Advocacy," Tennessee Bar Association, Nashville, TN, February, 2003
Other Professional Accomplishments
  • Vice-Chair, Miller & Martin's Labor & Employment Department
  • Spearheaded addition of Rule 72 to the Tennessee Rules of Civil Procedure
  • Selected for inclusion as "Rising Star" in Mid-South Super Lawyers, since 2010
  • Leadership positions with American Bar Association Section of Labor & Employment Law and Section of Litigation
  • Clerk for Tennessee Supreme Court Justice Frank Drowota, 1998-1999
  • Clerk for Tennessee Court of Appeals, Judges W. Frank Crawford and Holly Kirby, 1997-1998
  • Recipient, ABA/YLD Star of the Year Award, 2007
  • Chair of 2004 Tennessee High School Mock Trial Competition
  • Recipient, TBA/YLD Outstanding Service Award, 2004
  • Recipient, TBA/YLD Star of the Quarter Award, 2006 & 2007
  • AV rating by Martindale Hubbell
  • Associate Managing Editor, Vanderbilt Law Review
  • Co-Editor, American Bar Association Business Torts Journal
Publications
  • "Implementation of Health Care Reform Law Remains Priority," ABA's Labor and Employment Law Newsletter, Winter 2011
  • "Case Study: Inland Am. Winston Hotels v. Crockett," Employment Law 360, June 2011
  • "Paring Peer Review," Tennessee Bar Journal, October 2010
  • "Crawford v. Metropolitan Government of Nashville", ABA's Labor and Employment Law Newsletter, February 2009
  • "Attorney's Fees in Trade Secret Litigation", DRI's Defending Intellectual Property Claims
  • Submitted Tennessee portion of DRI's Trade Secrets Compendium
  • "Supreme Court Reduces First Amendment Protection for Job-Related Speech", ABA's Labor and Employment Law Newsletter
  • "Rabin Finds Pragmatism in Court's Approach", ABA's Labor and Employment Law Newsletter
  • "Successor Liability Law in Products Liability Actions," DRI's For the Defense, December 2005
  • Regular contributor to Tennessee Employment Law Letter
  • "Reinvigoration of the Market Participant Exception in the Arena of Municipal Solid Waste Management," 49 Vand. L. Rev. 753 (1996)
Education
  • J.D., Vanderbilt University School of Law, 1997
    • Associate Managing Editor, Vanderbilt Law Review
  • B.A., Wake Forest University, 1993
Bar Admissions
  • Tennessee
Court Admissions
  • U.S. District Court for the Middle, Eastern and Western District of Tennessee
  • U.S. Court of Appeals for the Sixth, Eighth and Federal Circuits
  • U.S. Supreme Court
Professional Memberships
  • American Bar Association: Labor and Employment Law Section and Section of Litigation (Participant in leadership programs)
    • Co-Editor of ABA Business Torts Journal
  • Nashville Bar Association, Employment and Civil Rights Committee - Chair, 2006 to 2009
  • Tennessee Bar Association, House of Delegates - Member, 2004 to 2009
Civic and Charitable Activities
  • American Cancer Society
  • YCAP
  • Big Brothers & Big Sisters
  • Covenant Presbyterian Church
  • Nashville Teen Court
  • Chair of 2004 Tennessee High School Mock Trial Competition