David E. Dubberly

Member
Columbia, South Carolina
(T) 803.771.8900 (M) 803.315.1850
(F) 803-727-1429
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Practices
Practices

Mr. Dubberly chairs the Firm’s Employment and Labor Law Practice Group; he also co-chairs the Firm's International Law Team.

Mr. Dubberly represents companies in employment-related litigation and in investigations by the U.S. Department of Labor's Wage and Hour Division, the Department's Occupational Safety and Health Administration, the U.S. Equal Employment Opportunity Commission, and similar state agencies.

He has extensive experience with discrimination, harassment, retaliation, whistleblower, wage and hour, payment of wages, and employment contract claims, as well as claims based on non-competition and non-disclosure agreements.  He also has extensive experience drafting executive employment and severance agreements.

In addition, Mr. Dubberly helps clients negotiate international sales, supply, joint venture, distribution, and licensing agreements, and set up sales offices and distribution centers in the U.S. and in other countries.  He also represents clients in litigation and arbitration involving international business disputes.

Career Highlights
Career Highlights
  • Listed in "The Best Lawyers in America" since 2006
  • Listed in "Chambers USA: America's Leading Business Lawyers" since 2004
  • Listed in "South Carolina Super Lawyers" 2008
  • Certified by the South Carolina Supreme Court as a Specialist in Employment and Labor Law since 1993
  • Member, South Carolina Supreme Court's Employment and Labor Law Specialization Advisory Board (1995-1998, 2005-present)
  • Co-Chair, American Bar Association's International Law Section Employment Law Committee (2004-2005)
  • Chair, American Bar Association's International Law Section Foreign Investment in the U.S. Committee (2001-2004)
  • Chair, South Carolina Bar's Employment and Labor Law Section (1992-1993)
  • Chair, South Carolina Bar's International Law Committee (1998-2001)
  • Member, Columbia Urban League Board of Directors (1987-1993)
News
News

Publications
Publications
  • Employment Law Update - October 2008
    This edition summarizes the ADA Amendments Act (ADAAA), which expands the protections against discrimination based on disability included in the Americans with Disabilities Act (ADA). The ADAAA in effect overrules U.S. Supreme Court decisions that narrowly interpreted the ADA.
  • Employment Law Update - June 2008
    The South Carolina Illegal Immigration Reform Act, signed into law by Gov. Sanford on June 4,2008, changes the legal landscape for employers doing business in the State by imposing new employment verification requirements and establishing penalties for noncompliance.
  • Employment Law Update - May 2008
    This edition provides tips to help employers evaluate employment practices liability insurance policies.
  • International Law Update
    This edition provides tips on anticipating and resolving disputes with international customers and suppliers.
  • 2 Videos About Employment Issues
  • Employment Law Update - March 2008
    The federal appeals court with jurisdiction over the Carolinas concludes that claims by employees that are directly covered by the FLSA—such as overtime pay claims—must be brought under the FLSA and cannot be brought under state law causes of action that make it easier to sue and to recover punitive damages.
  • Employment Law Update - February 2008 - Special FMLA Edition
    On January 28, 2008, President Bush signed into law the National Defense Authorization Act for Fiscal Year 2008 (NDAA), which contains a provision amending the Family and Medical Leave Act (FMLA) for the first time since the FMLA was enacted in 1993. The NDAA amendment expands the FMLA for employees in military families.
  • Employment Law Update - February 2008
    This edition analyzes a recent lawsuit in which an employer accused a former employee of taking its customer lists and using them to compete with the employer. This edition also summarizes OSHA's new rule requiring employers to provide certain protective equipment to employees at the employer's expense.
  • Employment Law Update - January 2008
    This edition analyzes the recent decision of the National Labor Relations Board upholding an e-mail policy that prohibited employees from using the employer's e-mail system to send “non-job-related solicitations.” This Update also contains a Benefits Alert describing a new Equal Employment Opportunity Commission rule allowing employers to coordinate retiree health plans with Medicare.
  • Employment Law Update--December 2007 Special Immigration Edition
    This edition gives a status report on the Department of Homeland Security's rule, announced in August 2007, addressing what employers should do upon receipt of a "no-match" letter from the Social Security Administration. Implementation of the rule was recently enjoined by a federal judge, and DHS is working on a revised rule. The article goes on to provide pointers on what employers can do in response to no-match letters pending publication of the revised rule.
  • Employment Law Update - December 2007
    The end of the year and the accompanying holidays often bring requests by employees for time off for the religious observances and requests to display religious symbols at work.
  • Employment Law Update - August 2007
    On July 3, 2007, a divided panel of the U.S. Court of Appeals for the Fourth Circuit reinstated a decision it rendered in 2005, but later vacated, that employers cannot enforce a release of claims under the Family and Medical Leave Act (FMLA) unless the release has been approved by a court or the U.S. Department of Labor (DOL).
  • Employment Law Update - April 2007
    Are you tired of skyrocketing insurance costs? Do you control these costs without cutting back on the benefits your employees receive? Are you interested in making your employees more accountable for their health and the impact their health has on your insurance costs?
  • Employment Law Update - March 2007
    With the political shift in Congress, several important labor or employment laws may change significantly.
  • Employment & Labor Law Desk Reference For The Carolinas
  • Employment Law Update - February 2007
    In Ross v. Ligand Pharmaceuticals, Inc (Dec. 21, 2006), the South Carolina Court of Appeals ruled that an employer's incentive compensation plan violated the South Carolina Payment of Wages Act because the plan did not provide a date certain when incentive payments would be made.
  • Employment Law Update - January 2007
    Amendments to Rule 26 of the Federal Rules of Civil Procedure pertaining to the exchange of electronic data during course of litigation went into effect on December 1, 2006.
  • Employment Law Update - November 2006
    National Labor Relations Board's Recent Decision May Mean More "Supervisors" for Hospitals and Other Employers
  • Employment Law Update - October 2006
    On August 17, 2006, President Bush signed the 900-plus page Pension Protection Act of 2006 ("PPA"), putting in place many reforms to federal tax and employee benefit laws intended to strengthen the nation's private employer retirement system.
  • Employment Law Update - September 2006
    General Statement to Human Resources May Put Employer On Notice of Sexual Harassment By Co-Worker.
  • Employment Law Update - August 2006
    U.S. Supreme Court Expands Anti-Retaliation Provision of Title VII
  • Unemployment Compensation in South Carolina
    New for 2006! A detailed guide to one of the most complicated and confusing areas of employment law – unemployment compensation.
  • Employment Law Update - July 2006
    Fourth Circuit Holds Employee Has No Automatic Right To Job Restoration Following FMLA Leave
  • Employment Law Update - June 2006
    Recent Decisions Highlight Importance Of Background Checks for Employers
  • The New South Carolina Employee Handbook Law: Frequently Asked Questions
    The new law specifies under what circumstances employee handbooks as well as personnel manuals, policies, and other documents may not be considered contracts of employment.

Events
Events
Education
Education
  • Bob Jones University, B.A., 1981
  • University of South Carolina, J.D., 1984
Bar & Court Admissions
Bar & Court Admissions
  • South Carolina all state and federal courts
  • U.S. Court of International Trade
  • U.S. Courts of Appeals for the Fourth, Sixth, and Federal Circuits
Civic & Professional Memberships
Civic & Professional Memberships
  • American Bar Association
  • Greater Columbia Chamber of Commerce, Committee of 100
  • Columbia Urban League
  • Leadership South Carolina Alumni Association
  • Leadership Columbia Alumni Association
  • Midlands International Trade Association
  • South Carolina District Export Council
  • Spanish