Donald D. Gamburg

Office Managing Shareholder Philadelphia

Donald Gamburg has over 20 years' experience in all areas of labor and employment law. He represents clients in federal and state litigation involving trade secrets and employment restrictive covenant agreements, discrimination, harassment, retaliation, whistleblower, wage and hour, FMLA, ERISA, wrongful discharge, torts, and breach of contract; equal employment opportunity matters before federal, state, and local agencies; unfair labor practice and representation proceedings before the National Labor Relations Board; labor arbitrations involving discharge, discipline, and contract interpretation; collective bargaining negotiations; drafting and negotiation of executive employment agreements, severance agreements, and restrictive covenant agreements; drafting employee handbooks and policies; and due diligence and negotiation of labor and employment aspects of corporate transactions. Donald is a frequent speaker and author on these topics.

Chambers USA has recognized Donald as a leader in labor and employment law and clients describe him as a "sophisticated thinker" and "highly competent negotiator."


Experience

Representative Matters

  • Petrochemical technology company and its new employee in successful federal court defense against restrictive covenant enforcement.
  • International medical device company in successful injunction and damages trials and hearings for enforcement of its restrictive covenant agreements with national sales force in federal and state courts throughout the United States.
  • Internet retailer of men's apparel in successful federal court enforcement of restrictive covenant agreement.
  • Food service equipment manufacturer and its new employee in successful trial defense of misappropriation of trade secret claims in state court.
  • International medical device company in successful federal court defense of whistleblower retaliation claims under the False Claims Act.
  • Physicians practice in successful state court defense of whistleblower retaliation claims under the Pennsylvania Whistleblower Act and public policy.
  • National real estate management company in successful federal court trial of race discrimination claims.
  • Waste management company in successful federal court trial of age discrimination and ERISA denial of benefits claims.
  • Wire and cable manufacturing company in a federal national origin discrimination lawsuit brought against the company by EEOC.
  • University in numerous labor arbitrations involving discharge, discipline, and contract interpretation.
  • Tugboat company in successful labor arbitration establishing supervisory status of tugboat captains.
  • Software company in due diligence and negotiation on labor and employment aspects of numerous corporate acquisitions.

Professional Activities and Speeches

Professional Activities:

  • American Bar Association
  • Pennsylvania Bar Association
  • Philadelphia Bar Association
  • Volunteer and former Board Member, Anti-Defamation League
  • Volunteer, Homeless Advocacy Project
  • Volunteer, Senior Law Center
  • Member, University of Wisconsin Alumni Association, Philadelphia Club

Speeches:

  • Ogletree Deakins Workplace Strategies Seminar - ''The First 48—Protecting Your Assets From Unfair Competition'' - San Diego - May 05, 2017
  • Ogletree Deakins Briefing - ''Effectively Managing FMLA Intermittent Leave Abuse Issues'' - Philadelphia - November 08, 2016
  • ACC Greater Philadelphia Chapter Ethics & Compliance PLUS Contracts & Commercial Law Full-day CLE Institute - ''Technology and the Attorney-Client Relationship: Risks and Opportunities'' - King of Prussia - August 09, 2016
  • Ogletree Deakins Briefing - ''Dazed and Confused by Drug Laws? A Sober Clear-Eyed Approach to Pennsylvania’s New Medical Marijuana Law and Multistate Compliance'' - Philadelphia - June 07, 2016
  • 8th Annual ACC Greater Philadelphia In-House Counsel Conference 2016 - ''Labor and Employment ‘Due Diligence’ in Corporate Transactions: Is There Ever Enough?'' - Philadelphia - April 19, 2016
  • Ogletree Deakins Webinar - ''Don’t Go Breaking My Heart: Best Practices for Managing Workplace Romance'' - February 11, 2016
  • Ogletree Deakins Seminar - ''No Union Required: How the NLRB is Reshaping the Workplace'' - Hershey - October 27, 2015
  • Ogletree Deakins Webinar - ''All You Need Is Love - and a Sexual Harassment Policy: How to Handle Office Romance'' - February 12, 2015
  • Greater Philadelphia Film Office - ''Volunteers, Interns, Apprentices, and Children in the Entertainment Industry'' - Philadelphia - November 12, 2014
  • Delaware Valley Chapter of the ACC's Employment & Labor Roundtable Breakfast - ''Employee Policies and Handbooks under Attack – the National Labor Relations Board’s Agenda Targeting Non-Union Employers'' - Philadelphia - October 23, 2014
  • Ogletree Deakins Seminar - ''Don't Bet on Lady Luck: Will Your Non-Union Handbook Survive NLRB Scrutiny?'' - Hershey - September 24, 2014
  • Employment, Benefits and Labor Briefing: Practical Solutions to New Trends and Developments in Employment Law - ''Protecting Your Company's Trade Secrets in the Post Wiki-Leaks Era'' - Philadelphia - October 29, 2013
  • Employment, Benefits and Labor Briefing: Practical Solutions to New Trends and Developments in Employment Law - ''Traditional Employee Handbook and Policy Under Attack: Policies You Think Are Legal, But the NLRB Does Not'' - Philadelphia - June 06, 2013
  • Employment, Benefits and Labor Briefing: Practical Solutions to New Trends and Developments in Employment Law - ''Don't Let It Go Viral: Protecting Trade Secrets and Confidential Information in a World of Internet Communication'' - Philadelphia - June 07, 2012
  • Entrepreneur Organization - ''Anatomy of a Business'' - Philadelphia - April 26, 2012
  • Employment, Benefits and Labor Briefing: Practical Solutions to New Trends and Developments in Employment Law - ''Whistleblower Retaliation Claims: Expanding the Scope of Employee Protections'' - Philadelphia - June 06, 2011
  • Lorman - ''Navigating the Bermuda Triangle of Leave and Disability Laws: FMLA, ADA, and Workers' Compensation'' - Philadelphia - May 2003
  • Lorman - ''How Telecommuting Will Redefine the Modern Worker'' - Philadelphia - October 1997

Published Works

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Our Insights

Media

Media Quotes

May 01, 2013 - Thomson Reuters - "Family Feud Leads to 3rd Circuit Employment Precedent"
September 01, 2006 - Thomson Reuters - "Employers Must Clear the Smoke in Philadelphia"

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