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				Eisenberg
				M.
				David
Employment litigator

David Eisenberg

Member in Kansas City

David Eisenberg has more than thirty years of experience representing Fortune 100 and other companies in employment and labor law matters, consumer and general business litigation, and appellate litigation. He represents clients in the automotive, telecommunications, insurance, information technology, food and beverage, financial services, energy, healthcare, and human resources services industries.

David has defended wage-hour, employment discrimination, and consumer class action claims. His appellate work includes cases on behalf of clients Baker Sterchi has represented at the trial court level as well as preparation of amicus curiae pleadings for major industry organizations. He serves on the Editorial Board of the ABA Appellate Practice Committee, and is the editor of Baker Sterchi's Missouri, Employment and Product Liability Law Blogs. David has been selected for inclusion in Missouri & Kansas Super Lawyers® every year since its inception in 2005.

Admissions

  • Missouri
  • Kansas
  • New York
  • USDC, Eastern District of Missouri
  • USDC, Western District of Missouri
  • USDC, District of Kansas
  • U.S. Court of Appeals, Second Circuit
  • U.S. Court of Appeals, Sixth Circuit
  • U.S. Court of Appeals, Eighth Circuit
  • U.S. Court of Appeals, Tenth Circuit
  • U.S. Court of Appeals, D.C. Circuit
  • Supreme Court of the United States

Education

  • Georgetown University Law Center, J.D.
  • Brown University, M.A., (Economics)
  • Brooklyn College, B.A., (Mathematics/Economics)

Memberships & Activities

  • ALFA International Labor & Employment Practice Group
    • Member, Steering Committee
    • Program Chair, 2010 EPLI seminar (New York, NY)
  • Former Chair, ABA Subcommittee on Marketing & Advertising
  • Former Co-Chair, ABA Subcommittee on Arbitration & Injunctions
  • Former Member, Arbitration Panel, U.S. District Court, Eastern District of New York (10 years)
  • Member, ABA Appellate Rules and Statutes Subcommittee, and Appellate Practice Journal Board of Editors
  • Member, ABA Committee on Appellate Practice
  • Member, ABA Litigation Section
  • Member, American Employment Law Council
  • Member, Helzberg Leadership Fellows
  • Member, Kansas Bar Association
  • Member, Kansas City Metropolitan Bar Association
  • Member, Missouri Organization of Defense Lawyers
  • Panel Chair, Advertising on the Internet, American Bar Association Annual Meeting Orlando, Florida, 1996)
  • Seminar Co-Chair, Telecommunications Law and Business Forum, American Conference Institute (New York City, NY 2001)
  • Seminar Co-Chair, Telecommunications 2002: Legal and Business Strategies for Navigating in Turbulent Markets, American Conference Institute (New York City, February 2002)

Awards & Recognition

  • Missouri & Kansas Super Lawyers®, 2005-present

Publications

  • Contributing commentator, "Attorneys React to High Court’s Tyson Class Action Ruling," commenting on the Supreme Court’s decision in Tyson Foods Inc. v. Bouaphekeo (Law360, Lexis/Nexis, March 2016)
  • Contributing commentator, "Lawyers Weigh In On High Court ERISA Ruling," commenting on the Court’s decision in Tibble v. Edison (Law360, Lexis/Nexis, May 2015)
  • Contributing commentator, "Attorneys React to High Court’s Sarbanes-Oxley ‘Fish’ Ruling,” commenting on the Court’s decision in John L. Yates v. United States (Law360, Lexis/Nexis, February 2015)
  • Contributing commentator, "Lawyers React to High Court Ruling on Retaliation Suit," commenting on the Court's decision in University of Texas Southwestern Medical Center v. Nassar (Law360, Lexis/Nexis, June 2013)
  • Contributing commentator, "Class Action Attorneys React to High Court's Arbitration Ruling," commenting on the Court's decision in AmEx v. Italian Colors (Law360, Lexis/Nexis, June 2013)
  • Contributing commentator, "Class Action Attorneys React to High Court's Arbitration Ruling," commenting on the Court's decision in Oxford Health Plans LLC v. Sutter (Law360, Lexis/Nexis, June 2013)
  • Contributing author, "Employment Discrimination Law" (NBI 2011)
  • "Interlocutory Review of District Court Orders After Mohawk Industries," ABA Appellate Practice Journal, Vol. 30, No. 2 (Winter 2011)
  • Contributing author and regional editor: ALFA International Labor & Employment Practice Group Compendium of Significant Employment- Related Case Law and Statutes (2004-present)
  • "Opinion: The Proposed MCI-WorldCom Merger is Anti-Competitive," Global Competition Review (London) (June-July 1998)
  • "Questions and Answers about Advertising on the Internet," The Practical Lawyer, Vol. 43, No. 5 (July 1997)

Presentations

  • Panel Moderator, ALFA 2014 International Client Seminar, Employment Class Action Litigation: New Strategies for New Challenges (Miami Beach, FL 2014)
  • Faculty, National Business Institute Seminar: Hot Topics in Employment Law and Non-Compete Agreements in Missouri and Kansas (Overland Park, Kansas, 2013)
  • Program Chair, ALFA International Seminar: Employer Liability -Stemming the Rising Tide (New York, NY 2010)
  • Faculty, Missouri Office of State Courts Administrator (OSCA) Judicial Seminar - Employment Law Update (Lake Ozarks, MO 2010)
  • Faculty, ALFA International Seminar: Failure to Provide Oversight and Breach of Fiduciary Duty (The Effect on Insurance Coverage) (New York, NY 2008)
  • Faculty, Kansas Bar Association Annual Meeting: Recent Developments in Employment Law (Overland Park, KS 2006)
  • Faculty, National Business Institute Seminar: Selecting and Terminating Employees in Kansas (Overland Park, Kansas, 2005)
  • Faculty, ALFA Labor & Employment Practice Group Seminar: The Myth of the 50-State Noncompetition Agreement (New Orleans, Louisiana, 2004)
  • Faculty, National Business Institute Seminar: Overtime-How the New Regulations Affect Your Clients or Your Company (Kansas City, Missouri, 2004)
  • Panel discussion: Another Federal Mandate? Restrictions on Cell Phone Use and Driving, National Conference of State Legislatures, Energy & Transportation Committee (San Antonio, Texas, 2001)
  • Panel discussion: Regulation of Emerging Technologies and Services in the Telecom Industry, KMB Video Journal (St. Petersburg, Florida, 2000)
  • Panel discussion: Web Design and Operations Issues, Mealey's Information Technology Law Conference (Chicago, Illinois, 1999)
  • Testimony: Hearing on Deceptive Mailings and Solicitations to Senior Citizens and Other Citizens, U.S. House of Representatives, Ways & Means Committee (Washington, D.C., 1992)

News & Events

Blog Posts

Results

Baker Sterchi scores U.S. Supreme Court win in preemption case

BSCR's health insurer client was sued in Missouri state court in 2011, by a plaintiff who suffered injuries in a car accident. Plaintiff was a federal government employee, whose insurance program fell under the Federal Employees Health Benefits Act (FEHBA), a statute with

Missouri Court of Appeals reverses trial court, ruling in favor of Baker Sterchi's automotive client, and ordering judgment notwithstanding verdict

In a class action brought by plaintiffs in Missouri state court, alleging certain vehicles had defective dashboards, and that our automotive client misrepresented the vehicles to consumers, the Circuit Court of Jackson County originally certified a Missouri class, for claims under the Missouri Merchandising Practices Act and breach of express warranty and implied warranty.