David M. SchwartzPartner
David M. Schwartz is a trial attorney and founder of Gerstman Schwartz. He has litigated for his entire career, and over the last decade, he also has served as a lobbyist on behalf of individuals, not-for-profits, trade associations, and businesses. He has represented clients at both ends of the spectrum, advocating aggressively and passionately for all his clients, whether they are the largest companies in America or the least fortunate people in our society.
Mr. Schwartz received his B.S.M. from Tulane University and his J.D. from Touro College Jacob D. Fuchsberg Law Center. He served New York as an Assistant District Attorney in Kings County from 1993 to 1997. He successfully prosecuted and tried hundreds of felony and misdemeanor cases. Mr. Schwartz also has handled hundreds of criminal cases in private practice. He represents a range of businesses and counsels them on legal and political issues. He is admitted to practice and appears in the United States Supreme Court, the New York State Supreme Court, the United States District Court of New York in the Eastern and Southern Districts, the United States Tax Court, the New York City Criminal and Civil Courts, and the Nassau County District Court.
Trying dozens of felony cases and handling thousands of cases in court has made Mr. Schwartz effective in all forms of advocacy. When direct lobbying is not effective, he uses grassroots campaigns, the media, television, and radio advocacy to educate the public and government officials. He has been a regular legal and political commentator as a guest on many different networks. He also has provided expert opinions on cases before the Supreme Court and in periodicals such as the New York Times, the New York Law Journal, and the Wall Street Journal. The New York Senate appointed him as a Commissioner on the Commission on Judicial Nomination, which nominates Justices to the New York State Court of Appeals. He has fought to stop illegal cigarettes from entering the marketplace, keep Walmart out of the City, and prevent government agencies from halting progress. He has provided tenacious and aggressive representation of supermarkets and stopped No Fault insurance fraud. He has lobbied for insurance companies, hedge funds, special needs schools, towns and municipalities, major research institutes, and many other entities.
Mr. Schwartz is active in the legal profession and in the community. He has served as a board member on numerous boards. He is a member of the Nassau County, Kings County, New York State, and American Bar Associations.
Many of the cases that Mr. Schwartz handles involve employment discrimination claims brought by employees. Employment discrimination happens when an employer treats an employee adversely based on his or her protected characteristics. Adverse treatment may include termination, demotion, disparate pay, failure to hire, failure to promote, or giving fewer opportunities to some workers based on protected characteristics rather than work performance and experience. For example, if you were not hired for a job because you are disabled, you may have a claim of disability discrimination. In another example, if you are a Sikh, and you are not promoted to senior management because of your faith, this would be religious discrimination.
Another issue that commonly arises in employment disputes involves whistleblowers and retaliation. New York Labor Law section 215 offers protection to whistleblowers. It provides that you cannot be terminated or subjected to discrimination in retaliation for initiating a proceeding or testifying in connection with Labor Law violations. You cannot be punished for revealing an employer’s illegal activities to a public body. However, if you decide to report a violation to a public body, you are supposed to first notify your supervisor to give him or her a reasonable opportunity to fix the issue.
David M. Schwartz is a dedicated advocate for his clients. If you are involved in an employment dispute in New York City, you should consult David M. Schwartz or another of the attorneys at Gerstman Schwartz. Call us at (212) 227-7070 or contact us via our online form.
J.D., Touro College Jacob D. Fuchsberg Law Center
B.S.M., Tulane University
Kings County, Nassau County, New York State and American Bar Associations
Criminal Bar Association