David Durham - McDermott Will & Emery


David Durham concentrates his practice on representation and advice to businesses in all matters involving labor unions. He works in many sectors, including technology, real estate, retail, higher education, construction, marine terminal operations, rideshare, health care, alcoholic beverage producers, food service, hotel, newspapers, radio, television and live entertainment.

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  • 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.


  • Legal 500 US 2021 and 2023
  • The Best Lawyers in America, Labor Law and Employment Law – Management, 2012 to 2023
  • Thomson Reuters, Stand-out Lawyer – independently rated lawyers, 2023
  • Benchmark Litigation2020: Labor & Employment Star

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  • 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