Areas of practice include employment litigation on behalf of management (emphasizing wrongful termination involving contractual and public policy claims, discrimination, sexual harassment and retaliation claims); management of jury trials (serving as lead counsel); and labor issues under the National Labor Relations Act.
U.S. Navy (1975-1979)
Marine Corps Expeditionary Medal (Iran)
Appointed by Gov. Arnold Schwarzenegger as Commissioner to the Fair Employment and Housing Commission (November 2008).
Member, Firm's Executive Committee, 2001-present
Managing Partner, San Diego Office, 2000-present
Partner, Carlton DiSante & Freudenberger LLP, 2000-present
Martindale Hubbell AV
rated.
Dave Carothers, Managing Partner of our San Diego office, is an experienced courtroom trial attorney and litigator. He has tried over 40 cases to verdict before juries including cases involving wrongful
termination, discrimination based on race, gender, religion,
national origin, ADA violations, wage and hour, retaliation,
sexual harassment, and breach of contract. He has defended
management in jurisdictions throughout California involving
significant financial exposure. Dave has a consistent record of success in the court room and is a member of the prestigious American Board of Trial Advocates (ABOTA).
Most recently, Dave served as lead counsel in a federal jury trial in Downtown Los Angeles involving a national retail company being sued for seven figure recovery in a lawsuit for various wage and hour violations, retaliation, and wrongful
termination. Despite a prior ruling by the court that the
defendant company had violated California's wage and hour laws, Dave successfully presented to the jury that the
violations were insignificant and successfully defeated
plaintiff's claims for retaliation and wrongful discharge. The case then settled on terms set by the company.
Enhanced by his excellent trial reputation, Dave has provided unique solutions to resolve hundreds of matters at the pretrial stage by being proactive with a thorough understanding of the facts.
Dave also advises management and its committees, and boards of directors on corporate governance, and assists boards and audit committees in conducting internal
investigations.
Dave is active in firm management. Along with managing the San Diego office, he has been a member of Carlton DiSante & Freudenberger LLP's Executive Committee since 2001.
Dave is a frequent lecturer for Continuing Education of the Bar's CEB Annual Employment Law Update on various topics related to litigation and is the author of "Avoiding Legal Traps
Involving Employment References," 1997, San Diego
Commerce; past board member of Mercy Hospital's Finance Committee; Inner-City Games Foundation; Neighborhood House Association; and the San Diego Police Review Board. Dave is committed to being of service to his community and is involved with various non-profit organizations.
Higgins v. Maher, 210 Cal.App.3d 1168, 258 Cal.Rptr.2d 763 (May 1989) (First Amendment right of Catholic Bishop to make ecclesiastical based employment decisions)
Member, American Board of Trial Advocates (ABOTA), 2005-present
Member, Federation of Defense and Corporate Counsel, 1999-present
Committee Member and Founding Participant, Diversity Fellowship Program Committee of the San Diego County Bar Association
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