David M. Wissert Partner

New York
T 646.414.6912 | F 973.597.2561



Chair, Employment Practice 
General Counsel

David works closely with companies and their boards to resolve potentially explosive employment law issues before they escalate. He devotes a substantial part of his practice to advising corporate clients in the life sciences, financial services, and technology industries on all aspects of employment law.

A “trusted advisor” (Chambers USA), David is valued by clients for his counsel on ensuring compliance under federal and state law, as well as for his creative strategies in solving complex employment matters within the framework of their business goals. He is also highly sought after by boards of directors to act as special counsel in conducting internal investigations of C-suite executives in Fortune 200 companies. When employers are threatened by harassment, discrimination, and other employment-related claims, David brings to bear a track record of successful trial experience defending his clients in court.

Committed to community service, David was appointed Special Counsel to the Essex County Court Appointed Special Advocates. He is also a member of Community Hope Inc.


Representative Engagements

In 2012, David successfully defended a client and its portfolio company in an AAA arbitration against claims by the company's former CEO that the board of the portfolio company did not have "cause" to terminate his employment, as defined by his employment agreement, and that he was therefore entitled to certain compensation and benefits amounting to several million dollars upon termination.
Within the past year, David conducted a sensitive internal investigation of discrimination allegations made against a high-level human resources executive at a Fortune 200 company. David conducted the investigation at the request of the General Counsel and reported his findings directly to the client's Chief Executive Officer.
David represented the New Jersey Defense Association as amicus in the case of Maw v. Advanced Clinical, in which the New Jersey Supreme Court agreed that terminating an employee who refuses to sign a noncompete agreement does not constitute a violation of the New Jersey Conscientious Employee Protection Act, reversing the New Jersey Appellate Division's decision and creating new law in this area.

Other Distinctions

  • Chambers USA: America's Leading Lawyers for Business (2008–2016) – Praised in the labor and employment section as a "trusted adviser," "exceptionally responsive and available," and "very client and service-oriented." David has also been recognized as "a firm favorite among clients…for his 'prompt and practical legal advice, especially in difficult and complicated matters. He has developed innovative ideas to handle unusual issues.'"

  • Super Lawyers (2012–2015) – Recognized for employment litigation: defense.

Publications

Big News on the Wage and Hour Front
Employment Client Alert, November 23, 2016
David Wissert, Julie Werner
Listening to Employees to Lessen Government Scrutiny
New York Law Journal, December 4, 2014
David Wissert
Victory for New Jersey Employers: State’s Whistle-Blower Law Does Not Cover Employees Responsible for Reporting Misconduct
Employment Law Client Alert, May 2012
David Wissert, Naomi Barrowclough
View More...

Press Mentions

In an NJBIZ article, David Wissert comments on law firms' social media policies. , NJBIZ , February 27, 2012
David Wissert comments on the impact layoffs are having on employment law cases in New Jersey. , NJBiz , January 25, 2010

Related Areas

Business Litigation
Employment Counseling & Litigation
Investment Management
Life Sciences
Litigation
Privacy and Information Security

Education


University of Michigan Law School ( J.D. , 1994 )
University of Pennsylvania ( B.A. , 1991 ) , cum laude, with Distinction in American History

Bar Admissions


New York
New Jersey
Pennsylvania

Affiliations


  • American Bar Association
    • Member, Litigation and Labor & Employment Law Sections
  • Defense Research Institute
    • Member, Employment Law Committee
  • New Jersey Defense Association
    • Member, Employment Law Committee
  • Community Hope, Inc.
    • Board Member
  • Essex County Court Appointed Special Advocates
    • Member, Board of Trustees