Phoenix Office
One Renaissance Square Two North Central Avenue
Phoenix,
Arizona
85004
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Professional Experience
David Barton practices in the area of employment law and commercial litigation. His recent experience includes:
- Successfully defending against OSHA whistleblower complaint in proceedings before the Department of Labor.
- Obtaining a defense verdict in favor of a hospital in a lawsuit alleging unlawful race discrimination and retaliation under Title VII and 42 USC §1983.
- Successfully defending an aviation client in arbitration against claims for unpaid wages and discrimination under the California Fair Employment and Housing Act.
- Obtaining a jury verdict and award of costs in favor of an employer charged with discrimination under the ADA.
- Obtaining a defense judgment and award of costs in a racial discrimination and retaliation claim in the United States District Court for the District of Nevada.
- Obtaining a TRO and permanent injunction against an Arizona town that attempted to stop an RV show by refusing to issue a business license.
- Successfully defending and prosecuting unfair competition litigation, including employee non-compete and trade secrets cases.
- Obtaining a defense judgment and award of attorney fees against an employee who claimed an ownership interest in his employer’s company.
- Obtaining a defense judgment for a high tech employer in a whistleblower claim before the Department of Labor.
- Obtaining a defense verdict for a leading parcel delivery client in an ADA retaliation case and successfully defending that verdict before the Ninth Circuit Court of Appeals.
- Obtaining a defense judgment for a high tech company against an employee who complained that he was the victim of same-sex harassment and retaliation by the company CEO.
- Negotiating and preparing executive employment contracts in the high tech, real estate, securities, banking, financial services, nonprofit and health care industries.
- Successfully defending a food service employer against a sexual harassment lawsuit brought by the EEOC on behalf of five former employees.
- Preparing employee handbooks for numerous employers in many states.
- Successfully defending a local supermarket chain in an unpaid overtime lawsuit brought by seven former employees under the Fair Labor Standards Act.
Education and Honors
- Brigham Young University (J.D., magna cum laude, 1992)
Brigham Young Law Review (Articles Editor, 1990-1992). Order of the Coif.
- Brigham Young University (B.A., magna cum laude, 1988)
Bar Admissions
Arizona,
1996
Utah (inactive),
1992
Court Admissions
U.S. District Court, District of Arizona, 1996
U.S. Court of Appeals, 9th Circuit, 1996
Professional Recognition
Listed in “Top Lawyers 2010” by Arizona Business Magazine (Labor and Employment Law).
Professional and Civic Activities
Practice focuses on labor and employment law and litigation, including defense of wrongful discharge, sexual harassment, disability and age discrimination claims. Represents employers before the ACRD and EEOC, as well as before both state and federal courts. Experience prior to Quarles & Brady includes employment with the Utah Attorney General (1992-1994) and Johnson and Hatch, Salt Lake City, Utah (1994-1995). Boy Scouts of America, Scoutmaster, Team Coach, Climbing Instructor and District Eagle Coordinator; Homeroom Parent at Capital Elementary School; Court Advisor for the Children’s Law Center, Volunteer Lawyer Program. Reported Decisions
State ex. rel. Horne v. Rivas, 226 Ariz. 567 (App. 2011), No. 1 CA-CV 10-0046. March 8, 2011. Gribben v. U.P.S., 528 F.3d 1166 (9th Cir. 2008) No. 06-15964. Filed June 16, 2008.
Selected Presentations/Publications
Mr. Barton’s energetic and humorous style make him a sought after trainer and lecturer. His recent presentations and publications include:
- Presenter, “Good Documents,” SHRM State Conference, September 2011.
- Presenter, “The Leave Entitlement Game,” SHRM Legislative Conference, March 2011.
- Presenter, “Arizona's Medical Marijuana Act, The High Points,” Arizona Rock Products Association, January 2011.
- Panelist, “Best Practices in Employment Litigation,” Arizona Federal District Court Conference, February 2010.
- “Consideration of Race: The Reach of Ricci in a Colorblind World,” Arizona SHRM Employment Law & Legislative Conference, February 2010.
- Chapter Author, The Impact of Supreme Court Employment Law Cases, Aspatore Books, 2010 ed.
- “Writing to Win,” State Bar of Arizona, September 2009.
- “ADAAA - We’re All Disabled Now!,” Arizona SHRM State Conference, September 2009.
- “Personal Liability of Human Resource Officers,” Arizona SHRM Employment Law Conference, January 2009.
- “The New FMLA Regulations: Big Changes for the New Year,” Quarles & Brady Breakfast Seminar, January 2009.
- “The Power of Change: 2008 Update and 2009 Forecast,” Arizona Small Business Association HR Roundtable, December 2008.
- “Employee Documentation and Discharge,” Arizona School Personnel Administrators Association Fall Conference, November 2008.
- “How to Host a Holiday Party,” Arizona Employers’ Council, Inc., November 2008.
- “Professionalism for the Arizona Attorney,” State Bar of Arizona, November 2008.
- “Workplace Bullying,” SHRM State Conference, September 2008.
- “Speaking to Win,” State Bar of Arizona, September 2008.
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