Practice and Industry Groups

David P. McKinney

Associate Minneapolis

David is a commercial litigator who earnestly works to secure the best result for his client. 

David is committed to being ethical, collaborative, and practical as he finds solutions to complex disputes involving primarily labor and employment-related issues, including ERISA and non-ERISA employee benefits matters.  He does so through resolute and strategic representation and counseling of public and privately-held companies, emerging businesses, and non-profits.  David routinely advocates for his client’s interests in federal and state court proceedings, administrative agency actions, and alternative dispute resolution forums including private arbitrations and mediations.  He also partners with each of his clients to identify and implement strategies and best practices to achieve their objectives, assess and manage their compliance-related risks, and navigate the complex array of rules, regulations, and laws affecting each respective employer.

Before joining Ogletree, David practiced at a national business litigation boutique successfully handling numerous multi-million dollar disputes for Fortune 500 companies.  He also has worked in-house at two large Minnesota-based companies, assisting business leaders with managing risks (assessment and allocation), making high-level decisions that have practical and legal implications, revising and implementing corporate policies, drafting agreements, and investigating and enforcing related provisions.

David strives to be a socially-conscious lawyer who volunteers his time and resources to furthering the common good.  To this end, he serves on numerous non-profit and community boards and provides pro-bono service to those who cannot afford adequate legal service.  While studying at Loyola University Chicago School of Law, David volunteered at the Cabrini Green Legal Aid Clinic (CGLA) and was the Managing Editor of the Public Interest Law Journal at Loyola.  In 2013/2014, David served as a Special Assistant Attorney General for the state of North Dakota.


Experience

  • Ivers v. CMFG Life Insurance Company (D. Minn. 2017) (bench trial regarding breach of contract and rescission claims)
  • Nash v. Optomec (D. Minn. 2016) (granting summary judgment for age discrimination lawsuit)
  • BMC v. Mahoney (D. Minn. 2015) (granting preliminary injunction and applying TX law to non-compete signed after employee started work)
  • Defended employers in numerous investigative and enforcement proceedings before federal administrative agencies including the EEOC and state agencies including the Minnesota Department of Human Rights, Minnesota Department of Labor and Industry, Minnesota Department of Employment and Economic Development, Minneapolis Department of Civil Rights, and Saint Paul Department of Human Rights and Equal Economic Opportunity
  • Represented employers involved in FINRA and AAA arbitrations

Professional Activities and Speeches

Professional Activities:

  • Twin Cities Diversity in Practice, Member of Young Lawyers Advisory Board
  • American Bar Association
  • Tubman, Volunteer Attorney
  • Society of Human Resource Management
  • Defense Research Institute, Young Lawyers Liaison to the Employment Law Committee (2012-2013), Graduate of the Minnesota Defense Lawyers Association’s Trial Academy (2013)
  • Junior Achievement of the Upper Midwest – Volunteer Instructor (2013 – 2015)
  • Minnesota Children’s Museum (Chair, 2013 – 2015)

Speeches:

  • North Dakota Governor’s Workforce & Human Resource Conference - ''Becoming a Super Sleuth: Conducting Effective Workplace Investigations'' - Fargo - September 21, 2017
  • Ogletree Deakins Briefing - ''Beer, Wine, and Spirits, Part I: Becoming A Super Sleuth - Conducting Effective Workplace Investigations'' - St. Paul - April 04, 2017
  • Minnesota CLE: 2017 New Lawyer Experience - ''Using Negotiation and Settlement Skills to Your Tactical Advantage'' - Minneapolis - January 20, 2017
  • Lakes Area Human Resources Association - ''HR Investigations Playbook'' - Baxter - January 12, 2017
  • Ogletree Deakins Briefing - ''What Do You Mean I’m Their Employer? Recent Developments in the “Joint Employer” Doctrine'' - Minneapolis - November 10, 2016
  • Sauk Centre Chamber of Commerce - ''Wage and Hour Basics – The Fundamentals You Must Know'' - Sauk Centre - September 27, 2016
  • Minnesota CLE: 2016 New Lawyer Experience - ''Using Negotiation and Settlement Skills to Your Tactical Advantage'' - Minneapolis - January 28, 2016

Media

Published Works

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Media Quotes

January 21, 2016 - Minnesota Lawyer - "How-To: Litigators usually need to be negotiators first"

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