28 Vernon Street
Brattleboro, VT 05301-3668
ph: 802-258-3070
dir: 802-451-2307
Overview

A hard working, powerful advocate for employers.

A native Vermonter, David Harlow is a labor and employment litigator in DRM’s Brattleboro office. Before joining DRM, David was an attorney at one of the largest labor and employment law firms in the country. He has litigated cases on behalf of companies in a variety of industries, including finance, aerospace, retail and health care. David has substantial experience defending employers from claims of discrimination and retaliation under federal and state civil rights statutes. He also regularly defends employers before administrative agencies, including the Equal Employment Opportunity Commission and the Department of Labor. David has investigated and defended whistleblower claims arising under the Sarbanes Oxley Act, the Mine Safety and Health Act, and other federal and state laws. David also has substantial experience in ERISA benefits litigation. 

David has been published and has spoken publicly on the topic of pre-employment background checks. He has developed employee handbooks and policies for large corporations and small and medium-sized businesses.

Experience
  • Obtained summary judgment on behalf of a religious organization on claims of national origin discrimination and retaliation under Title VII. David took the plaintiff’s deposition and elicited key admissions that allowed him to successfully argue to the federal district court for dismissal of the case. 
  • Achieved a dismissal of a wrongful termination lawsuit brought by an employee who claimed that she had been terminated in retaliation for having defended herself from an angry patron. At oral argument on the motion to dismiss, David successfully argued that no public policy favoring self-defense supported the plaintiff’s wrongful termination claim. Ruling on a novel issue of Arizona state law, the trial judge adopted David’s argument and dismissed the case.
  • Obtained summary judgement on behalf of a major insurance company acting as an ERISA fiduciary in a long-term disability benefits dispute. At oral argument, David successfully argued that the company had made a reasonable benefits decision, uninfluenced by any conflict of interest. The federal district court granted David’s motion for summary judgment, largely adopting his arguments in a published decision.  
  • Representing a major national retail pharmacy, David obtained dismissal in federal court of an employee’s claim for invasion of privacy arising from the alleged disclosure of his private health information.
  • David was part of a team that successfully defended a major national retail chain from a nationwide collective action brought under the Age Discrimination in Employment Act. By demonstrating that the named plaintiff had not been constructively discharged, the team successfully obtained dismissal of both the individual and collective action age discrimination claims.
  • Obtained dismissal of Americans with Disabilities Act claims brought by a former employee of an aerospace defense company. David obtained dismissal of the case by demonstrating that the plaintiff, who was acting as his own counsel, had failed to comply with discovery obligations and court rules.
  • On behalf of a major national retail chain, David obtained dismissal of federal and state age discrimination and retaliation claims by demonstrating that the plaintiff had failed to disclose his potential claims against the company while he was in bankruptcy. The federal district court agreed with David’s argument, finding that the failure to disclose the claims in bankruptcy precluded the plaintiff from pursuing them against the company.
Education

University of Arizona, J.D., cum laude, 2008

University of Virginia, B.A., 2003

Admissions & Clerkships

Arizona, 2010

U.S. Court of Appeals, Ninth Circuit, 2010

U.S. District Court for the District of Arizona, 2010

Vermont, 2014

Memberships & Activities

David is currently representing a client, pro bono, in an immigration case before the Ninth Circuit Court of Appeals.

Accolades & Awards

Listed in New England Super Lawyers as a Rising Star, 2016-2017

28 Vernon Street
Brattleboro, VT 05301-3668
ph: 802-258-3070
dir: 802-451-2307
dharlow@drm.com
Watch David Harlow on 'All Workforce Matters'
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