David M. Wilk

Professional Profile
David, a partner with Larson • King, focuses his practice on employment litigation and counseling. David has successfully litigated numerous sex, race, age, and disability discrimination cases and ERISA lawsuits. He has extensive experience counseling employers on ERISA matters, reductions-in-force, harassment investigations, violence in the workplace and other human relations matters. David serves as the firm’s managing partner.

Prior to joining Larson • King, David served as in-house counsel for a Minnesota-based high tech company. Before that, David was a partner at Oppenheimer Wolff & Donnelly LLP.

Law School
University of Minnesota School of Law, J.D., cum laude, 1991

College
Hamline University, B.A., magna cum laude, 1988
Phi Beta Kappa

Admitted
United States Supreme Court; Minnesota Supreme Court; U.S. District Court, District of Minnesota; Fourth Circuit Court of Appeals; Eighth Circuit Court of Appeals; U.S. District Court, Western District of Wisconsin

Publications & Seminars
The Basics of Drafting Separation Agreements (2013) Upper Midwest Employment Law Institute (presenter)

Important Recent Developments in Employment Law and Practice (2012) Upper Midwest Employment Law Institute Faculty Webinar 

Introduction to Religious Accommodation in the Workplace, 2011 Upper Midwest Employment Law Institute

Strategic Discovery Practice 2010 Upper Midwest Employment Law Institute (panelist)

RIFs: A 360-Degree View, 2009 Upper Midwest Employment Law Institute; and Highlights of the 2009 Upper Midwest Employment Law Institute

RIF Risks and Strategies to Avoid Costly Layoff Litigation, USLAW, Fall/Winter 2008 (co-authored with Yvonne Shorts and Melissa Weldon)

The Reduction-In-Force Desk Reference (2008) (co-authored with Yvonne Shorts and Melissa Weldon)

Reported Decisions
Radcliffe v. Securian Financial Group, 906 F. Supp. 2d 874 (D.Minn. 2012) (dismissing untimely Minnesota Human Rights Act allegations and pre-empted common law claims).

Caldas, et al. v. Affordable Granite & Stone, Inc., 820 N.W.2d 826 (Minn. 2012) (affirming summary judgment on prevailing wage act claim)

Feinwachs v. Minnesota Council of Health Plans, et al., 2012 WL 4329115 (Minn. Ct. App. Sept. 24, 2012) (affirming summary judgment on claim for tortuous interference with employment relationship)

C.G.H., Inc. v. Nash Finch, Inc., 2012 WL 1070116 (Minn. Ct. App. April 2, 2012) (affirming dismissal of breach of contract and trade secret lawsuit)

Edney Distributing Co. v. Buhler Trading, Inc., 2012 WL 685250 (D. Minn. March 2, 2012) (determining choice of law in distributor termination case)

Drapeau v. Airpax Holding, Inc. Severance Plan, 2011 WL 3477082 (D. Minn. Aug. 9, 2011) (ERISA matter)

Renstrom v. Nash Finch Co., 787 F. Supp. 2d 961 (D. Minn. 2011) (granting motion for summary judgment on Equal Pay Act, Title VII and MHRA claims)

McLain v. Andersen Corp., 567 F.3d 956 (8th Cir. 2009) (affirming summary judgment, claims of disability discrimination, reprisal and fraud)

Baker v. 3M Company, 2009 WL 799627 (D. Neb. March 24, 2009) (summary judgment for employer on race discrimination claim)

Jackson v. 3M Company, 07-5112-CV-SW-RED (W.D. Mo. April 13, 2009) (summary judgment for employer on retaliation claim)

Chinander v. Andersen Windows, Inc., 2008 WL 5104691 (D. Minn 2008) (summary judgment for employer on FMLA and whistleblowing claims)

Brinkman v. Andersen Corp.. 06-CV-04530-JRT-FLN (D. Minn Sept. 2, 2008) (summary judgment on claims of retaliation and sex and age discrimination)

Schurmeier v. Nash Finch Company, 2007 WL 4179392 (D. Minn. 2007) (ordering trial on sex discrimination claim; defense verdict following trial)

Srch v. 3M Company, 259 Fed. Appr. 949 (9th Cir. 2007) (affirming summary judgment for employer on claim regarding compensation plan)

Fischer v. Andersen Corp., 483 F.3d 553 (8th Cir. 2007) (affirming summary judgment on ERISA interference claim)

McLain v. Andersen Windows, Inc., 2007 WL 710173 (D. Minn. March 6, 2007) (granting motion for partial summary judgment on failure to accomodate claim)

Alberts v. Nash Finch Co., 245 F.R.D. 399 (D. Minn. 2007) (certifying class actions and ordering trial under WARN ACT; defense verdict following trial)

Stidham v. Minnesota Min. & Mfg. Co., 399 F.3d 935 (8th Cir. 2006) (affirming summary judgment on age discrimination claim)

EQ Financial, Inc. v. Personal Financial Company, 421 F. Supp.2d 1138 (N.D. Ill 2006) (granting motion for partial dismissal)

Minnesota Life Ins. Co. v. AXA Investment Mgr., 2005 WL 1475336 (D. Minn. June 22, 2005)

Eichinger v. Imation Corp., 2006 WL 852123 (Minn. Ct. App. 2006) (affirming summary judgment on sex discrimination claim)

Community Housing Corp. of America v. Alternative Building Concepts, Inc., 2003 WL 22999294 (Minn. Ct. App. 2003)

Ways v. Imation Corp., 589 S.E.2d 36 (W.Va. 2003) (affirming denial of class certification in age discrimination case)