David M. DeMaio

Office Managing Shareholder || Miami

David Michael DeMaio is the Managing Shareholder of the Miami Office of Ogletree, Deakins, Nash, Smoak & Stewart, P.C., one of the nation’s largest labor and employment law firms. He represents management in all aspects of labor and employment law and litigation. Prior to joining Ogletree Deakins, Mr. DeMaio had been a founding member of Whelan, DeMaio & Kiszkiel, P.A. He originally came to South Florida in the 1980s as an Assistant United States Attorney in Miami, where he investigated and prosecuted complex criminal cases involving narcotics trafficking, counterfeiting, money laundering, robbery, domestic terrorism, and racketeering. After entering private practice, Mr. DeMaio represented corporate clients in a wide array of civil litigation matters including antitrust, unfair trade, securities, and employment-law cases. He has, since 1992, concentrated his practice on labor and employment law, first with the Miami office of Morgan, Lewis & Bockius, LLP, then with Whelan, DeMaio & Kiszkiel, and now with Ogletree Deakins. Mr. DeMaio is included in the prestigious publication, The Best Lawyers in America, and has been named one of Florida’s “Legal Elite” by Florida Trend magazine, “Best of the Bar” by the South Florida Business Journal and “Top Lawyer in South Florida” by the South Florida Legal Guide.  He is also listed as a Florida Super Lawyer and has been added to the list of Best of the U.S. for Attorneys.

Mr. DeMaio graduated magna cum laude from Boston University. After serving several years as a senior aide to Thomas Kean, Governor of New Jersey, Mr. DeMaio received his law degree, with honors, from The George Washington University Law School, where he was a member of the George Washington Law Review. After law school, Mr. DeMaio served as a judicial clerk to Justice Daniel O’Hern of the Supreme Court of New Jersey, and then joined the U.S. Attorney’s Office in Miami. He has extensive jury-trial experience, was an adjunct instructor of law at the University of Miami’s School of Law, and is a frequent speaker at seminars and roundtables regarding labor, employment, and civil-rights law and litigation. Mr. DeMaio is a member of bars of Florida and New Jersey. He is admitted to practice before the United States District Courts throughout Florida and New Jersey, and the United States Court of Appeals for the Eleventh Circuit. He is also a member of the American and Federal Bar Associations, and their respective sections on Labor and Employment law.

Learn more about David M. DeMaio


  • J.D., with honors, George Washington University National Law Center, 1985
  • B.S., with high honors, Boston University, 1980

Admittance to Practice

  • Florida
  • New Jersey
  • U.S. Court of Appeals, Eleventh Circuit
  • U.S. District Court, District of New Jersey
  • U.S. District Court, Middle, Northern and Southern (trial bar) Districts of Florida

Professional Activities

  • Greater Miami Chamber of Commerce (Member, 1997-2001; Trustee Member, 2002-present)
  • American Bar Association
  • Federal Bar Association
  • The Florida Bar (Labor and Employment Law Section)
  • The New Jersey Bar


  • Ogletree Deakins’ Corporate Labor and Employment Counsel Exclusive - "Channeling Sherlock Holmes: Deducing Best Practices for Conducting Workplace Investigations" - Boca Raton - November 10, 2017
  • Tenth Annual HR Martin County Employment Law Conference - "Update on FLSA Hot Topics and Parental Leave Proposals" - Palm City - June 23, 2017
  • Association of South Florida 7-Eleven Franchisees - "The New FLSA Regulations" - Weston - November 17, 2016
  • Ultimate Software Interactive HR Workshop - "Key Labor & Employment Land Mines to Avoid During Acquisitions" - Coral Gables - April 24, 2014
  • Ogletree Deakins Workplace Strategies Seminar - "Corporate Compliance and Ethics Programs Roundtable" - Phoenix - May 10, 2012
  • Ogletree Deakins Workplace Strategies Seminar - "Dogs, Ponies And Scooters Are In The House! Key Public Accommodation Challenges" - Chicago - May 13, 2011
  • American Financial Services Association Independents Conference - "The Year in Review for Employers … And What’s Coming Next" - Miami - April 14, 2011
  • Interactive HR Workshop - "Managing the Impact of Social Media in Workplace Decisionmaking" - Boca Raton - March 3, 2011
  • Best Lawyers Award Badge
  • Selected to the AV Preeminent list, issued by Matindale-Hubbell*
  • Selected to the Best Lawyers list, issued by Best Lawyers, LLC* (2013-present)
  • Selected to the Florida Super Lawyers list, issued by Thomson Reuters* (2007-2014, 2017-2018)
  • Member, George Washington Law Review
  • America’s Most Honored Professionals


*No aspect of this communication has been approved by the Supreme Court of New Jersey. For methodology for selection for one of the honors above, please click on the following link.