David Durham concentrates his practice on representation and advice to businesses in all matters involving labor unions. He works in many sectors, including real estate, retail, higher education, construction, container terminal operations, the sharing economy, health care, food service, hotel, newspapers, radio, television and live entertainment.
David regularly advises companies on labor issues related to mergers, acquisitions and dispositions of real estate and businesses and provides counsel to employers on other strategic matters involving labor unions, such as union organizing drives and decertifications, outsourcing, automation, strike preparation, strike management, lockouts and permanent replacement situations. He has negotiated hundreds of collective bargaining agreements and has handled large, nationwide corporate campaigns including defense of employers in National Labor Relations Board (NLRB) proceedings and collateral litigation. David defends clients in unfair labor practice cases before the NLRB, and in the Federal Court of Appeals regarding labor matters.
In addition to his labor union related advocacy, David counsels clients in all facets of employment law, including discipline and discharge, outsourcing, preservation of management prerogatives, and change resulting from industry disruption such as international competition and automation.
Represented American Baptist Homes of the West in litigation before the NLRB addressing the preservation of the right of employers to utilize permanent replacement of workers as a legitimate weapon in strike situations*
Represented a majority of the private universities with NCAA Division 1 FBS football programs as amici in the Northwestern University NLRB case involving the attempted unionization of student members of the football team*
*Matter handled prior to joining McDermott.
The Best Lawyers in America, 2012 – 2019, Labor Law
Martindale-Hubbell, AV Preeminent-rated
American Health Lawyers Association, member
Bar Association of San Francisco, member
State Bar of California, member
University of California – Berkeley School of Law, JD, Order of the Coif, 1977
Cornell University, BS, 1974
Courts / Agencies
Supreme Court of the United States
US Court of Appeals for the District of Columbia Circuit
US Court of Appeals for the Ninth Circuit
Do not send any information or documents that you want to have treated as secret or confidential. Providing information to McDermott via email links on this website or other introductory email communications will not create an attorney-client relationship; will not preclude McDermott from representing any other person or firm in any matter; and will not obligate McDermott to keep confidential the information you provide. McDermott cannot enter into an attorney-client relationship with you until McDermott has determined that doing so will not create a conflict of interest and until you and McDermott have entered into a written agreement or engagement letter that sets forth the terms of our relationship.