David E. Dubberly

David Dubberly has built a strong track record rooted in determination and ingenuity and has become a go-to attorney for companies seeking legal counsel in compliance matters, defense of government investigations, litigation, and mediation and arbitration.

Delivering Solutions for Complex Employment Matters

David focuses on providing clients with the tools and insights they need to expose potential issues on the front end and shape appropriate responses to keep possible disputes from becoming a reality. When problems do occur, David draws upon his litigation experience to aggressively seek favorable outcomes through mediation, arbitration, and trial.

David is certified by the South Carolina Supreme Court as a Specialist in Employment and Labor Law.  He is well-versed in matters involving:

• Trade secrets;
• Non-compete agreements;
• Whistleblowers;
• Occupational Safety and Health Administration investigations;
• Discrimination, harassment, and retaliation;
• Wage and hour disputes;
• Employment, severance, and other related agreements; and
• Immigration compliance.

An Intuitive Approach to International Law

In addition to his employment and labor law practice, David co-leads the firm’s International Law attorneys, who routinely help clients minimize the risks and maximize the opportunities associated with doing business globally. The team advises clients on a number of matters, from economic development and business transactions to tax law, investigations, litigation and arbitration, and immigration compliance.

David has experience negotiating sales, supply, manufacturing, joint venture, distribution, agency, licensing, and other related agreements. He also handles disputes related to international commercial agreements.

Community & Professional

• Midlands Technical College Foundation - Board of Directors
• South Carolina Chamber of Commerce - Former Board of Directors
• Columbia Urban League - Former Board of Directors
• South Carolina District Export Council - Former Council Member
• Central SC Alliance’s Committee of 100 - Former Board of Directors
• South Carolina Supreme Court - Former Chair, Employment and Labor Law Specialization Advisory Board
• American Bar Association - Former Co-Chair, International Law Section, Employment Committee; Former Chair, International Law Section, Foreign Investments in the U.S. Committee
• South Carolina Bar - Former Chair, Employment and Labor Law Section; Former Chair, International Law Committee

Outside Nexsen Pruet

David grew up in South America and he and his children are avid fans of the Uruguayan national soccer teams. He is fluent in Spanish and has traveled throughout the region for business matters.

Outside of his positions within the firm, David has served on the Boards of Directors of the South Carolina Chamber of Commerce, the Midlands Technical College Foundation, and the Columbia Urban League. Also, David represents the firm with Mackrell International, a network of independent law firms in over 75 jurisdictions. 

David began his career serving as a law clerk to the Honorable Curtis G. Shaw of the South Carolina Court of Appeals.

• Represented international, national, and regional firms in non-competition, non-solicitation, trade secrets, and confidential information lawsuits involving industry competitors.
• Defended employers in litigation for alleged discrimination and retaliation.
• Represented companies in collective actions alleging overtime pay violations.
• Defended employers in OSHA investigations in several states.
• Represented regional companies in whistleblower investigations.
• Defended regional companies in breach of contract and tortious interference cases.
• Represented leading regional employers in the negotiation of employment and severance agreements for executives.
• Advised companies in multiple industries (including the agriculture, banking, chemical, construction, engineering, healthcare, hospitality, manufacturing, medical device, mining, packaging, pharmaceutical, technology, and textile industries) and from many countries on general employment and labor law issues.

• Columbia Business Monthly's Legal Elite, 2022 in International
• Listed in Best Lawyer's in America for "Lawyer of the Year" in Columbia, S.C. in Labor Law - Management, 2022
• Recognized by Chambers USA, Labor & Employment, South Carolina since 2004 
• Listed in Best Lawyers in America for Employment Law - Management, Labor Law - Management and Litigation - Labor and Employment since 2006
• Certified by the South Carolina Supreme Court as a Specialist in Employment and Labor Law since 1993

Writing

Employment Law Update: Background Becomes Battleground
The Equal Employment Opportunity Commission recently filed federal lawsuits against Dollar General and a BMW manufacturing plant in South Carolina based on the EEOC’s revised guidance concerning use of criminal background checks.

To Pay or Not to Pay? The Test for the Unpaid Intern
As the end of another academic year approaches, college students across the country are seeking summer employment opportunities.

FMLA's Twentieth Birthday
On February 5, 2013, the Family and Medical Leave Act turned 20 years old. Coinciding with this milestone, the U.S. Department of Labor has issued a new final rule, which codifies further additions and revi­sions to the FMLA. This newsletter highlights some of the changes.

New I-9 Form Shows More Changes May be in Store for Employers
On March 8, 2013, U.S. Citizen and Immigration Services (USCIS) published a new two-page version of Form I-9, together with six pages of instructions. This article explains some of the notable features of the revised Form I-9.

Update: Noncompete Agreements in SC are Worth More Than the Paper They're Written On
In light of the restrictive nature with which South Carolina courts have historically viewed noncompetition agreements, many people assume they are not enforceable and, in essence, “not worth the paper they’re written on.” However, in January of this year, the South Carolina Court of Appeals upheld a physician’s noncompetition agreement and expanded the scope of enforceable noncompetition agreements in this state.

S.C. Supreme Court Upholds Confidentiality and "Holdover" Inventions Assignment Clauses in Employment Agreement
David Dubberly breaks down a significant South Carolina Supreme Court ruling about invention assignment clauses in employment agreements.

Employment Law Update: U.S. Supreme Court Set to Define "Supervisor" for Purposes of Title VII
The U.S. Supreme Court recently heard arguments in a case that could have a significant impact on employer liability. Specifically, as the result of an appeal in Vance v. Ball State University, et al, 646 F.3d 461 (7th Cir. 2011), the Court is poised to decide who qualifies as a “supervisor” for purposes of liability under Title VII of the Civil Rights Act.

Justice Department and SEC Issue Guidance on Anti-Bribery Law
Employment and Labor Law attorney David Dubberly addresses the Department of Justice and the Securities and Exchange Commission's “resource guide” to the U.S. Foreign Corrupt Practices Act.

New Federal Law Increases Trade Secret Protection
David Dubberly discusses the Theft of Trade Secrets Clarification Act, which amends and expands the Economic Espionage Act (EEA).

2012 Employment and Labor Law Final Exam Answer Key
We received a great response to the 2012 Employment and Labor Law Final Exam. Thanks to all of our clients and friends who participated this year.

S.C. Supreme Court Upholds Confidentiality and “Holdover” Inventions Assignment Clauses in Employment Agreement
In its most significant employment law decision of 2012, Milliken & Co. v. Morin, the South Carolina Supreme Court addressed the enforceability of provisions in an employment agreement designed to protect the employer’s intellectual property from unfair competition.

2012 Employment and Labor Law Final Exam
As 2012 comes to a close, it is time to put your employment and labor law knowledge to the test with the firm’s second annual final exam. We will send out answers to the exam in two weeks.

Employment Law Update: Employers Face FCRA Update Deadline of January 1, 2013
Effective January 1, 2013, there is a new form that employers must provide prospective or current employees when conducting background checks subject to the Fair Credit Reporting Act (FCRA).

Employment Law Update: Recent Cases Address Employer Efforts to Protect Confidential Information
In recent months, both the Fourth Circuit Court of Appeals, which has jurisdiction over federal cases in North and South Carolina, and the South Carolina Supreme Court have addressed the issue of protecting trade secrets and confidential information.

Employment Law - Business Immigration Update
Over the past few months, there have been several immigration developments that could have a significant impact on businesses in North and South Carolina. This update summarizes the key developments for employers.

Employment Law Update - Employers Beware: NLRB Challenges Established HR Practices
The National Labor Relations Board (NLRB) has issued a number of recent opinions questioning and, in some instances, invalidating common employer practices and policies on the grounds of protecting employee rights under Section 7 of the National Labor Relations Act (NLRA). The impact of these decisions on handbook disclaimers and investigative procedures is addressed below.

Employment Law Update - Patient Protection and Affordable Care Act: Upcoming Deadlines Require Employer Action
After months of anticipation and seemingly endless public debate, the U.S. Supreme Court announced its decision upholding the key individual mandate provision of the Patient Protection and Affordable Care Act (PPACA). While the significance of the decision cannot be overestimated, the real import is its practical effect on employers.

New Rule Makes “Reasonable Factors Other Than Age” Defense More Difficult for Employers
On March 29, the Equal Employment Opportunity Commission issued a final rule making it more difficult for employers to establish a “reasonable factor other than age” defense for disparate impact claims under the Age Discrimination in Employment Act.

Recent Guidelines for Employers of Active Duty & Veteran Service Members
The Equal Employment Opportunity Commission (EEOC) has issued timely and relevant guidance for employers addressing protections afforded veterans under the Uniformed Services Employment and Reemployment Rights Act (USERRA) and the Americans With Disabilities Act (ADA).

Akerman/Mackrell International Latin American Business Initiative
David Dubberly told members of an international law firm network about the Carolina's economy, which has grown to become the 19th largest in the world -- behind Indonesia and ahead of Switzerland.

Keep Your Ears Peeled: Employment Law Update on the FLSA's "Anti-retaliation"
Provision In this issue we describe and discuss a recent federal appeals court decision concluding that internal complaints about pay may be protected by the FLSA’s anti-retaliation provision.

Employment Law Update: Romance in the Workplace: You, Me and our Employer?
As Valentine's Day approaches, here are some interesting facts for employers to consider. Recent Ruling that Class Action Waivers are Illegal Shows NLRB Remains Active On January 3, 2012, the National Labor Relations Board (NLRB) ruled that a class action waiver in a mandatory employment arbitration agreement is illegal.

Presentations

Co-Presenter, Advanced Employment Law Seminar: Arbitration, FMLA and ADA, and Other Issues, a CLE presentation for myLawCLE and the Federal Bar Association. (use code Nexsen Pruet to access)

Podcasts