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Areas of Practice
Education
  • Louisiana State University Paul M. Hebert Law Center
    JD, BCL, magna cum laude, 2008
    Chancellor's List; Moot Court

  • Louisiana State University
    BA, Journalism, 2004
Bar Admissions
  • Louisiana
Court Admissions
  • US Court of Appeals for the Fifth Circuit
  • US District Court for the Eastern District of Louisiana
  • US District Court for the Middle District of Louisiana
  • US District Court for the Western District of Louisiana
professionalsBio
David Theard
Partner
201 St. Charles Ave
New Orleans, LA 70170-5100
504.582.8402 tel
504.589.8402 fax

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David Theard is a partner in the Labor and Employment Practice Group, where he advises clients on compliance with the full range of federal and state labor and employment laws and regulations.

David focuses his practice primarily upon wage and hour issues, including the Fair Labor Standards Act (FLSA), the Americans with Disabilities Act (ADA), the Family Medical Leave Act (FMLA), Title VII, the Age Discrimination in Employment Act (ADEA), workers' compensation retaliation, noncompete agreements, trade secret theft, US Equal Employment Opportunity Commission (EEOC) compliance and position letters, the negotiation of employment contracts, manager training and other business and commercial litigation.

David has handled and assisted with numerous federal and state employment cases, including matters involving wage and hour issues, discrimination, retaliation and harassment allegations, non-compete and trade secret issues, and several other employment-related issues. He also has handled and/or assisted with several jury trials (all resulting in defense verdicts) and injunction hearings, and has been successful in having multiple cases dismissed on summary judgment. 

Noteworthy

  • Louisiana Super Lawyers, "Rising Star," Employment & Labor (2018; also listed annually since 2014)
  • Drafted all defense pleadings, including motion for summary judgment and appeals brief in the landmark Fifth Circuit case Martin v. Spring Break ’83 Productions, L.L.C., 688 F.3d 247 (5th Cir. 2012), where the Fifth Circuit found that in certain situations, private parties can enter into enforceable settlement agreements on disputed FLSA claims. The Martin decision made the Fifth Circuit the first federal appellate court to enforce a private FLSA settlement, without the need for approval from a Court or the U.S. Department of Labor. 

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Presentations

  • FLSA Masters Class, September 2018
  • Jones Walker Annual Labor and Employment Seminars

Memberships

  • Federal Bar Association
  • Louisiana State Bar Association
  • New Orleans Bar Association