David McClurg

Cook & Franke S.C., Milwaukee, USA

David A. McClurg is a shareholder with Cook & Franke. Mr. McClurg leads the firm's Labor & Employment group, representing the management teams of businesses, municipalities and non-profit agencies in matters ranging from the development of employment policies to the litigation of major employment and commercial claims in both state and federal courts and administrative agencies.

Mr. McClurg has maintained an active trial practice since 1980, and has a long track record of successfully defending employers accused of wrongful termination and discrimination on the basis of race, religion, age, disability and sex. He has also helped many clients defeat the harassment, retaliation and failure to accommodate claims often associated with these discrimination suits. He frequently represents employers facing workers compensation claims alleging safety violations or an alleged "unreasonable refusal to rehire" following a work related injury.

In addition to regularly handling discrimination and wrongful termination claims, Mr. McClurg has a wealth of experience involving the litigation of wage and hour claims, wage lien and breach of fiduciary duty claims, complex ERISA claims arising form the elimination of retiree health benefits, and the enforcement of non-compete and confidentiality agreements. He also represents management in grievance arbitration hearings conducted under the provisions of collective bargaining agreements.

Although Mr. McClurg is well qualified to represent the interests of clients who are forced into litigation, much of his practice is devoted to working with those clients to minimize the risk of litigation by developing and implementing appropriate employment policies, manuals, procedures and agreements to address potential problems before they arise. He regularly counsels clients on issues relating to reduction-in-force layoffs, terminations, and return to work issues to help the employer avoid pitfalls that can lead to expensive claims.

Mr. McClurg is a member of the Labor & Employment Sections of the Milwaukee, Wisconsin, and American Bar Associations, and the Civil Trial Counsel of Wisconsin. He is admitted to practice in the Courts of the State of Wisconsin, the United States District Courts for the Eastern and Western Districts of Wisconsin, and the United States Court of Appeals for the Seventh Circuit.

Mr. McClurg received both his undergraduate and law degrees, cum laude, from the University of Wisconsin-Madison.