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David Kesler concentrates his practice in employment law and civil litigation. He has represented a number of national and international corporate clients in employment litigation in state and federal courts throughout the country. He has been lead counsel at all stages of the litigation, including discovery, summary judgment, bench and jury trials, and appellate argument. Mr. Kesler regularly represents employers in the investigation and defense of charges of discrimination filed with the Equal Employment Opportunity Commission and comparable state agencies, including preparation of position statements in response to charges, participation in on-site interviews, and negotiation of conciliation agreements. He also represents clients in responding to audits by the Office of Federal Contract Compliance Programs. Mr. Kesler regularly counsels employers in employment decisions, including hiring, promotions and terminations and drafts employment contracts and separation agreements. He also assists clients in drafting employment policies and generally in complying with the various federal, state and local statutes and regulations affecting the employment relationship. Practice Groups Labor & Employment Litigation Education J.D., with honors, Tulane University School of Law, 1972 Order of the Coif B.A., cum laude, University of Memphis, 1968 Representative Cases/Engagements Represented large corporate client in ten plaintiff case in state and federal courts in North Texas. Represented large corporate client in five plaintiff case in Atlanta, Georgia. Represented large corporate client in five plaintiff case in Little Rock, Arkansas. Represents large corporate client in class action in state and federal courts in Ohio alleging harassment and hostile work environment. Represented large corporate client in nationwide putative class action in New Jersey alleging discrimination. Represented large corporate client in potential class action discrimination case in New York. Claims of 70+ claimants were settled through specifically negotiated voluntary dispute resolution agreement. Represented client with catastrophic injuries in state court litigation and obtained significant settlement. Bar Admissions Tennessee Court Admissions U.S. District Court for the Eastern District of Tennessee U.S. District Court for the Western District of Tennessee Court of Appeals for the Sixth Circuit Court of Appeals for the Fifth Circuit Court of Appeals for the Federal Circuit U.S. Supreme Court Professional Memberships Fellow, Chattanooga Bar Foundation President, Chattanooga Bar Association, 1982 to 1983 Fellow, Tennessee Bar Foundation Member, Tennessee Bar Association, Section of Labor and Employment Member, American Bar Association, Section of Labor and Employment Christian Legal Society Publications Don't Forget that Other Protected Class, Commercial Network Magazine, January, 2004 Presentations Top Ten List - Mistakes Managers Make That Can Get You Sued Documentation in Employment Files Leaves of Absence Solving the ADA Problem Interaction Between ADA, FMLA and State Workers' Compensation Laws Civic and Charitable Activities Board of Directors, Executive Committee, Metropolitan YMCA Board of Directors, Student Venture of Chattanooga Member, North Shore Fellowship Church Other Professional Accomplishments Has tried more than 20 jury trials to verdict Has argued cases before two Federal Courts of Appeal, two state Courts of Appeal, and the Tennessee Supreme Court Has served as a mediator, court-appointed neutral in federal court, and panel arbitrator for the National Arbitration Forum. | 