Lawyer Bio : David B. McCormack

David B. McCormack

Charleston

David has represented employers in state and federal courts and before state and federal agencies for over 25 years. He has litigated a variety of employment-related matters, including wrongful termination claims, employment discrimination claims and claims involving non-competition/trade secret agreements. He also provides extensive advisory and counseling services in such areas as employment contracts, employee handbooks, restrictive covenants, family and medical leave, disability law requirements, and sexual and other unlawful harassment. His clients range from international and national companies to local businesses including manufacturers, retailers, banks, hospitality companies and hi-tech entities. In addition to his employment practice, Mr. McCormack represents businesses in various commercial and contractual matters. He also serves frequently as a mediator and arbitrator in both employment and commercial disputes.

Representative Matters:
  • Defended employers in numerous federal court actions involving allegations of race, sex, age and disability discrimination, sexual harassment and unlawful retaliation.
  • Defended employers in numerous state court actions involving allegations of breach of contract, violation of public policy and defamation.
  • Represented employers in prosecuting and defending cases involving trade secrets and covenants not to compete.
  • Provided extensive advisory services and training to international, national, regional and local companies with regard to federal and state labor and employment law compliance.
  • Negotiated and drafted various employment contracts and post-employment restrictive covenants on behalf of employers and highly compensated individuals.
Selected Reported Decisions:
  • Nelson v. Lockheed Missiles & Space Co., Inc., No. 97-1430 (4th Cir. November 24, 1997).
  • Thomas v. Wal-Mart, 69 F.E.P. 890 (D.S.C. 1995).
  • Long v. Lockheed Missiles & Space Co., Inc., 783 F.Supp. 249 (D.S.C. 1992).
  • Glover v. Lockheed Corp., 772 F.Supp. 898 (D.S.C. 1991).
  • Martino v. Amoco, 7 I.E.R. 331 (Ct. C.P. 1991).
  • Garvin v. Alumax of South Carolina, Inc., 787 F.2d 910 (4th Cir. 1986).
  • Satterfield v. Lockheed Missiles & Space Co., Inc., 617 F.Supp. 1359 (D.S.C. 1985).

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Professional Activities

Admitted to bar: 1979, South Carolina.

Admitted to practice before the United States Supreme Court, the United States District Court for the District of South Carolina and the United States Court of Appeals of the Fourth Circuit.

Certified by the South Carolina Supreme Court as a Specialist in Employment and Labor Law.

Professional Organizations:
  • College of Labor and Employment Lawyers.
  • American Employment Law Council.
  • ABA Labor and Employment Law Section (Employment Rights & Responsibilities Committee).
  • SC Bar Employment and Labor Law Section: Member, Employment & Labor Law Specialization and Advisory Board.
  • American Law Institute: Member Consultative Group for the Restatement of Employment Law.
  • American Arbitration Association (Employment & Commercial Panels).
  • The Society for Human Resource Management (SHRM).
  • The Tri-County Human Resource Management Association.
Honors:
  • The Best Lawyers In America, Labor and Employment Law (2005 – present).
  • Chambers USA: America’s Leading Lawyers for Business, Labor & Employment Law (2007 – present).
  • South Carolina Super Lawyers, Employment and Labor Law (2008 – present).
  • Corporate Counsel Super Lawyers, Employment and Labor Law (2008 – present).
  • Martindale Hubbell, AV Rating.

Civic Activities

Elder, First (Scots) Presbyterian Church; Former Moderator, Board of Deacons, First (Scots)Presbyterian Church; Former Member, Charleston Day School Board of Trustees; Member of Downtown Charleston Rotary Club; former Chairman By-Laws and Constitution Committee; Former Member and Past Director of Downtown Charleston Sertoma Club; Current Member, South Carolina Chamber of Commerce; Current Member, Charleston Metro Chamber of Commerce (Former Participant in Leadership Trident); Board Member, Charlestowne Neighborhood Association; Member, City of Charleston Arts & History Commission; Former Board Member, Trident Economic Development Authority; Former Board Member, South Carolina State Development Board; Former Board Member, Charleston County Aviation Authority; Former Member, Board of Managers, and former Treasurer, South Carolina Historical Society; Past President Harleston Village Association (Neighborhood Association); Former Board Member, and former Treasurer, Preservation Society of Charleston; Former Board Member, South Carolina Archives and History Commission.

Education

University of Virginia School of Law, 1979 - J.D.
Clare College, Cambridge University, 1976 - M.A., History.
Yale University, 1974 - B.A., History, Magna Cum Laude, Phi Beta Kappa, Distinction in History.
Phillips Exeter Academy.

Prior Legal Experience

Buist, Moore, Smythe & McGee, P.A., 1975 – 2011; Chair, Employment Practice Group.

Publications

Contributing Author, Labor and Employment Law for South Carolina Lawyers, (South Carolina Bar, 1999, 2004, 2007, 2011)

Presentations

April 16, 2009, Lorman Education Services, “Employment Law from A to Z in South Carolina”.

January 23, 2008, Lorman Education Services, “Employment Law from A to Z in South Carolina”.

January 23, 2007, Lorman Education Services, "Employment Law from A to Z in South Carolina".

June 2, 2006, Lorman Education Services, “Employee Discharge and Documentation in South Carolina”.

December 1, 2005, Lorman Education Services, “Employment Law from A to Z in South Carolina".

June 3, 2005, Lorman Education Services, “Employee Discharge and Documentation in South Carolina".

January 20, 2005, Council on Education in Management, “South Carolina FMLA Update 2005”.

January 13, 2005, Atlantic Occupational Health, Inc. Annual Seminar, “Legal Preventive Medicine".

December 9, 2004, Lorman Education Services, “Employment Law from A to Z in South Carolina".

June 11, 2004, Lorman Education Services, "Employee Discharge and Documentation in South Carolina".

May 6, 2003, South Carolina Bar, "Trial of an Employment Law Case".

Areas of Proficiency

  • Employment Law
  • Alternative Dispute Resolution
  • Business Litigation

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