D’Ontae D. Sylvertooth

Trial and Administrative Hearing Experience

D’Ontae Sylvertooth tries cases in both state and federal courts. In a two-week jury trial in the United States District Court for the Eastern District of Virginia, D’Ontae defended a client in a disability discrimination claim. D’Ontae worked with the trial team (conducting direct and cross-examinations) to get the jury to award zero dollars in compensatory damages to the plaintiff and engaged in an extensive post-trial briefing to lower the claimed attorney’s fees nearly 40 percent. D’Ontae also represented the client’s interest by arguing the Rule 50 motion.

Additionally, D’Ontae has conducted more than 35 administrative hearings before the Equal Employment Opportunity Community and the Merit Systems Protection Board, successfully securing decisions for his government client in all but two of the matters.  Such clients were in the medical and defense industries.

He has also argued substantive matters and discovery disputes in federal district courts.  D’Ontae frequently argues e-discovery matters.

Appellate Experience

D’Ontae has successfully briefed matters before the Eighth and Ninth Circuit:

• He has worked on an amicus brief on behalf of an association of more than 200 private companies, arguing that the Eighth Circuit should preclude ADA class certification due to the individualized nature of such claims.
• He has drafted an interlocutory appeal on behalf of an agency he represented, arguing that a class of claimants should be considered a part of the aggrieved individuals in a pattern and practice sexual harassment case.

Restrictive Covenants, Breach of Contract, and Related Claims

D’Ontae has researched and provided guidance and counseling on restrictive covenants (non-compete, non-solicit, and confidentiality agreements), as well as breach of contract claims stemming from employment agreements. This included providing guidance on avoiding litigation relating to an alleged breach of these agreements and ways to enforce such agreements against former employees appropriately.

Whistleblower Protection Laws (False Claims Act, Sarbanes-Oxley, and similar laws)

D’Ontae has researched, provided guidance and counseling to employers, and assessed issues raised by purported whistleblowers, including what is considered a protected disclosure and appropriate defenses for employers to raise in litigation relating to whistleblower litigation. He has briefed complicated and contentious issues stemming from these laws and represented his clients in oral arguments before administrative tribunals and federal courts.

D’Ontae’s experience as a federal investigator gives him a keen sense of detail concerning conducting internal investigations of claims made by purported whistleblowers. Further, it allows him to assess and assist businesses with defending against such claims.

Training, Internal Investigations, and Advice and Counsel

D’Ontae has extensive experience providing in-house training to supervisory and non-supervisory staff relating to the full spectrum of employment law matters. As a trainer, D’Ontae believes it is necessary to meet people where they are by providing concrete examples relative to their respective professions because context matters, as with all things.

He has conducted numerous internal investigations for federal agencies and private employers, ensuring that the organization’s policies and procedures effectively recognize and prevent potential violations. He frequently provides advice and counsel to employers in various industries, including the medical industry, non-profit, and technology industries, to improve their internal reporting processes and find creative ways to maximize their current procedures to insulate the company from potential liability in litigation.

D’Ontae also reviews and revises employee handbooks, policies, and procedures. Additionally, D’Ontae is often called upon to assist in matters viewed as factually and legally complicated – finding ways to bring calm into the storm – and zealously representing his clients through such litigation.

D’Ontae is ready to assist your organization from beginning to end.

Education

• J.D., cum laude, University of New Mexico, 2011
• MPA, magna cum laude, Old Dominion University, 2007
• B.S., cum laude, Old Dominion University, 2004

Admission to Practice

• District of Columbia
• Maryland
• New Mexico
• Federal Bar
• U.S. Court of Appeals, Fourth, Eighth and Tenth Circuits

• D.C. Bar Communities Diversity and Inclusion Subcommittee
• D.C. Bar Labor and Employment Law Community
• National Employment Law Council (NELC)

• D.C. Bar (panelist) – “Sexual Harassment and the Arbitrability of Workplace Disputes” – October 25, 2023
• National Business Institute – “New Mexico Civil Trial Skills” – 2023

• June 27, 2024 – Westlaw Today – “EXPERT INSIGHTS—MARYLAND’S NEW WAGE TRANSPARENCY LAW TO TAKE EFFECT ON OCTOBER 1, 2024”
• March 24, 2022 – SHRM Online – “Washington, D.C.: Ban on Noncompete Agreements Set for Another Delay”

• August 24, 2022 – D.C. Bar – “Two Sides to D.C.’s New Ban on Non-Competes Part II: The Clarification Amendment”
• July 27, 2022 – D.C. Bar – “Brief Encounters! Two Sides to D.C.’s New Ban on Non-Competes”
• March 29, 2022 – Bloomberg Law – “D.C. Ban of Worker Noncompete Clauses Delayed Again to October”