David C. Henderson is a partner in the firm’s Litigation Department, a member (and former co-chair) of its Labor, Employment and Benefits practice group, and a member of its Commercial Litigation practice group. With over thirty years of legal experience in both the public and private sectors, his practice is concentrated in civil litigation and corporate general counsel advice with a particular focus on employment and labor law and general business and commercial matters.
David’s clients include major corporations, private universities, and individual employers and managers, and his work covers civil matters in federal and state courts and administrative agencies. His representation typically involves activities such as the following:
- Litigating in federal and state courts, or in federal or state administrative agencies, issues relating to hiring; discharge; employee discipline; unlawful discrimination or harassment because of age, national origin, sex, disability, or other factors; unlawful retaliation; invasion of privacy; failure to provide reasonable accommodation; unfair trade practices; fraud; breach of contract; promissory estoppel, tortious interference with contractual or advantageous relations; intentional infliction of emotional distress; defamation; reduction in force; wage and hour compliance; severance pay; and other employment matters
- Litigating in federal and state courts issues relating to employee restrictive covenants (e.g., non-competition agreements, non-solicitation agreements, or confidentiality or nondisclosure agreements); severance or separation agreements; and commercial contracts
- Counseling employers, executives, human resources professionals, and managers on structuring and documenting employment relationships in order to avoid litigation or claims
- Preparing legal and personnel documents pertinent to employment relationships in the modern workplace, including but not limited to employee manuals, non competition agreements, other restrictive covenants, and severance agreements
- Advising employers on internal investigations, particularly as they relate to claims of sexual harassment or other forms of unlawful harassment or treatment
- Representing employers in arbitration hearings when grievances are filed by unions under collective bargaining agreements
- Representing employers during Department of Labor investigations into military or veteran mistreatment complaints based on the Uniformed Services Employment and Reemployment Rights Act (USERRA)
- Litigating Employee Retirement Income Security Act (ERISA) claims brought against employers or their disability plans due to denial or termination of benefits
David is a member of the Boston Bar Association (BBA). As a BBA member, he annually co-chairs an Employment Law Basics course, served four years on the Steering Committee of the Labor and Employment Section, and was co-chair of the committee that published and revised "A Practical Guide to Understanding Massachusetts Employment Law." He also sits on the Advisory Board of Career Collaborative, a non-profit organization that teaches basic skills to motivated but chronically underemployed men and women who want full-time, permanent jobs. David also has served as an Admissions Liaison Officer for young men and women interested in attending the United States Air Force Academy. In addition, David is the supervising attorney for a pro bono program he helped organize within the firm to represent veterans making benefit appeals to the United States Court of Veterans Appeals.
Prior to joining Nutter, David was on active duty in the United States Air Force as a pilot, instructor pilot and judge advocate. As a judge advocate, he served in a general counsel capacity for organizations composed of thousands of civilian and military employees, and represented the United States in court martial prosecutions, Merit System Protection Board hearings, public sector labor arbitrations, Equal Employment Opportunity Commission hearings, and military discharge boards.