CA / San Diego

Dave Carothers

Carothers DiSante & Freudenberger
4510 Executive Dr Ste 300 
San Diego , CA 92121

About

About Dave

Passionate, focused and untiring are the qualities Dave Carothers brings to the courtroom when defending claims brought against his clients. Carothers is an experienced trial attorney having tried more than 75 cases to verdict in jurisdictions throughout California. He has successfully defended employers against claims of wrongful termination, sexual harassment, breach of contract, ADA, wage and hour violations and discrimination. Carothers has defended clients as lead trial counsel in large complex actions involving representative actions, class actions and coordinated actions involving hundreds of claimants. Drawing upon his trial experience, Carothers advises management teams on how to be proactive, execute preventive strategies in the human resources area, and achieve positive and productive work place environments. His clients include educational institutions, national retail chains, religious institutions, hospitality, banking and technology companies. Carothers is also frequently invited to address various groups as a speaker on issues related to trials of employment matters, employment law, and diversity in the workplace.

Areas of Practice

Wrongful Termination and Workplace Tort Litigation Workplace Solutions, Advice and Training Unfair Competition and Trade Secrets Wage and Hour Issues Class Actions Traditional Labor Law - Unions and the NLRB

Education

University of Southern California Law Center, J.D., 1985 National Labor Relations Board, Region 31, Law Clerk, 1983 California State University, Dominguez Hills, B.A., Public Administration, 1982 Served in the U.S. Navy, 1975-1979 Awarded the Navy/Marine Corp Expeditionary Medal for services related to Iran

Publications

"6 Calif. Employment Bills Employers Should Track" Co-Author, Law360, May 2017 "A Legal Roadmap for Wellness Programs," Today's General Counsel, August/September, 2016 "Avoiding Legal Traps Involving Employment References," San Diego Commerce, 1997

Written Opinions

Santos v. Kisco Senior Living, LLC (2016) 1 Cal.App.5th 862, 205 Cal.Rptr.3d 585 Employer operating residential community for the elderly has absolute immunity when reporting suspected financial abuse of elderly by employee against employee's claims of defamation, battery and damages resulting from false arrest. 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.

Presentations

"Masters in Trial," Participant in Mock Trial Program, American Board of Trial Advocates, November 2017 "Why HR is Important for All Restaurants - What do you need to know (from hiring to firing and everything in between) before it's too late?" California Restaurant Association - San Diego Chapter, July 2017 Keynote Address, Cal State Dominguez Hills Veteran Graduation Ceremony, May 2017 "The Rise in Retaliation & PAGA Claims, Arbitration v. Trials, and the Pros and Cons of EPLI Insurance," Panel Member, San Diego Chapter, California Restaurant Association, April 2017 "Seeking Civility? Eradicating Bullying at Work," CDF Webinar Series, May 2016 "What's Trending in the Inland Empire in California Employment Law," Riverside Employment Law Seminar, April 2015 "Bullying in the Workplace," University of San Diego Diversity Committee, April 2015 "Religious Institutions Employment Law Training," Religious Institution, May 2014 "Employment Law and The Provision of SLS Services," CSLN 2014 Leadership Conference, March 2014

Professional Affiliations/Leadership/Awards

Martindale-Hubbell AV Preeminent? Rated Selected as one of San Diego's Top Attorneys in 2013 - 2016 by The Daily Transcript Listed, Best Lawyers , Litigation - Labor and Employment, San Diego, 2013 - 2019 Listed, Best Lawyers , Class Action - Defense, San Diego, 2015 - 2019 Listed, San Diego Super Lawyers, 2012 - 2019 Commissioner to the Fair Employment and Housing Commission Appointed by Gov. Arnold Schwarzenegger, November 2008 American Board of Trial Advocates (ABOTA), 2005 - present Federation of Defense and Corporate Counsel, 1999 - present San Diego County Bar Association, Diversity Fellowship Program Committee member and founding Participant Continuing Education of the Bar's CEB Annual Employment Law Update Frequent lecturer on litigation-related topics Carothers DiSante & Freudenberger LLP Executive Committee, 2001 - Present San Diego Office Managing Partner Co-Chair, Diversity and Inclusion Committee

Civic Activities

Chairman of the Board, United Way of San Diego County, 2017

Past Board Memberships:

Mercy Hospital's Finance Committee Inner-City Games Foundation Neighborhood House Association San Diego Police Review Board

Pro Bono

Provided counsel to Inner-City Games Foundation
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