David T. Barton

 DAVID T. BARTON / Partner

david@burnsbarton.com
Direct Line: 602-753-4504
2201 E. Camelback Road Suite 360
Phoenix, AZ 85016

Professional Experience
David Barton practices in the area of employment law and commercial litigation. His recent experience includes:

• Obtaining a defense verdict in an FMLA interference and retaliation case where the plaintiff also alleged sexual harassment, retaliation, and violations of the FLSA.
• Defending a breach of contract and unpaid wage case to a jury verdict in favor of a large medical practice in a claim brought by one of the founding members of that practice.
• Securing a defense verdict and award of fees and costs in a race discrimination and retaliation lawsuit in the U.S. District Court for the District of Arizona.
• Obtaining a complete defense verdict in a difficult multi-plaintiff race discrimination case brought under Title VII and Section 1981 in the U.S. District Court for New Mexico.
• Successfully defending against OSHA whistleblower complaint in proceedings before the U.S. Department of Labor and the 10th Circuit Court of Appeals.
• Obtaining a defense verdict in favor of a hospital in a lawsuit alleging unlawful race discrimination and retaliation under Title VII and 42 USC §1981.
• Successfully defending an aviation client in arbitration against claims for unpaid wages and discrimination under the California Fair Employment and Housing Act.
• Obtaining a jury verdict and award of costs in favor of an employer charged with discrimination under the Americans with Disabilities Act.
• Obtaining a defense judgment and award of costs in a racial discrimination and retaliation claim in the United States District Court for the District of Nevada.
• Obtaining a TRO and permanent injunction against an Arizona town that attempted to stop an RV show by refusing to issue a business license.
• Successfully defending and prosecuting unfair competition litigation, including employee non-compete and trade secrets cases.
• Obtaining a defense judgment and award of attorney fees against an employee who claimed an ownership interest in his employer’s company.
• Obtaining a defense judgment for a high tech employer in a whistleblower claim before the Department of Labor.
• Obtaining a defense verdict for a leading parcel delivery client in an ADA retaliation case and successfully defending that verdict before the Ninth Circuit Court of Appeals.
• Obtaining a defense judgment for a high tech company against an employee who complained that he was the victim of same-sex harassment and retaliation by the company CEO.
• Negotiating and preparing executive employment contracts in the high tech, real estate, securities, banking, financial services, nonprofit and health care industries.
• Successfully defending a food service employer against a sexual harassment lawsuit brought by the EEOC on behalf of five former employees.
• Preparing employee handbooks for numerous employers in many states.
• Successfully defending a local supermarket chain in an unpaid overtime lawsuit brought by seven former employees under the Fair Labor Standards Act.

Education and Honors
Brigham Young University (J.D., magna cum laude, 1992)
Brigham Young Law Review (Articles Editor, 1990-1992)
Order of the Coif. Brigham Young University (B.A., magna cum laude, 1988)

Bar Admissions
Arizona, 1996
Utah, 1992
New Mexico, 2017
Colorado, 2018

Court Admissions
U.S. Supreme Court
U.S. Court of Appeals, 9th Circuit
U.S. Court of Appeals, 10th Circuit
U.S. District Court, District of Arizona

Professional Recognition
Listed in “Top Lawyers” by Arizona Business Magazine (Labor and Employment Law)
Selected for inclusion in the 2012, 2013, 2014 Southwest Super Lawyers® list (Employment & Labor)
Lawyer Representative, Ninth Circuit Court of Appeals

Professional and Civic Activities
Practice focuses on labor and employment law and litigation, including defense of wrongful discharge, sexual harassment, disability and age discrimination claims. Represents employers before the ACRD and EEOC, as well as before both state and federal courts. Experience prior to BurnsBarton PLC includes employment with Quarles & Brady, LLP, Phoenix, Arizona (1996-2012), the Utah Attorney General (1992-1994) and Johnson and Hatch, Salt Lake City, Utah (1994-1995).
Boy Scouts of America, Scoutmaster, Team Coach, Climbing Instructor and District Eagle Coordinator; Homeroom Parent at Capital Elementary School; Court advisor for the Children’s Law Center, Volunteer Lawyer Program.

Reported Decisions
State of Arizona v. ASARCO, 733 F.3d 882 (9th Cir. 2013)
Mizusawa v. United Parcel Service, 524 Fed.Appx. 4431 (10th Cir. 2013)
State ex. rel. Horne v. Rivas, 226 Ariz. 567 (App. 2011)
Gribben v. United Parcel Service, 528 F.3d 1166 (9th Cir. 2008)

Selected Presentations/Publications
Mr. Barton’s energetic and humorous style make him a sought-after trainer and lecturer. His recent presentations and publications include:

• Presenter, Unresolved issues related to non-compete and restrictive covenant litigation in Arizona, Arizona State Bar Annual Conference, June, 2013.
• Presenter, “Check Mate! How to Beat the Employee who Knows how to Play the Leave Entitlement Game,” SHRM Legislative Conference, March 2012.
• Author/Presenter, “Introduction to the Fair Labor Standards Act,” Lorman Education Services, January 2012.
• Presenter, “Writing to Win,” State Bar of Arizona, November 2011.
• Presenter, “Good Documents,” SHRM State Conference, September 2011.
• Presenter, “Arizona’s Medical Marijuana Act, the High Points,” Arizona Rock Products Association, January 2011.
• Presenter, “Speaking to Win,” State Bar of Arizona, September 2010.
• Panelist, “Best Practices in Employment Litigation,” Arizona Federal District Court Conference, February 2010.
• “Consideration of Race: The Reach of Ricci in a Colorblind World,” Arizona SHRM Employment Law & Legislative Conference, February 2010.
• Chapter Author, The Impact of Supreme Court Employment Law Cases, Aspatore Books, 2010 ed.
• “ADAAA – We’re All Disabled Now!,” Arizona SHRM State Conference, September 2009.
• “Personal Liability of Human Resource officers,” Arizona SHRM Employment Law Conference, January 2009.
• “How to Host a Holiday Party,” Arizona Employers’ Council, Inc., November 2008.
• “Workplace Bullying,” SHRM State Conference, September 2008.