Our Attorneys

David S. Levine

David Levine is a partner in the Firm’s Employment Law and Litigation Groups. David represents clients in a wide range of labor and employment matters, as well as other business disputes.

As part of his litigation practice, David regularly defends employers in class, collective, and individual actions involving claims under the FLSA, Title VII, ADA, and other federal and state statutes. David also often litigates individual and class actions involving data privacy issues, in particular cases under the Illinois Biometric Information Privacy Act (BIPA). He practices in state and federal courts and before administrative agencies such as the EEOC, DOL, IDHR, and DOJ.

In addition to his litigation practice, David advises clients on a broad range of employment matters, including restrictive covenants, reductions in force, employment agreements, handbook policies, accommodations, and issues related to diversity, equity, and inclusion (DEI). His advice concerns matters arising under statutes such as the FMLA, ADEA, OWBPA, WARN Act, and state and local employment laws. He currently serves as a co-editor of the Illinois Employment Law Letter and a contributing editor to the Great Lakes Employment Law Letter, publications intended to help employers stay current on state and federal employment law developments.

David graduated magna cum laude from Harvard Law School, where he received awards for excellence in legal writing, constitutional law, antitrust law, federal courts, and other subjects. After law school and before joining Fox Swibel, David clerked for two federal judges—Judge A. Raymond Randolph of the US Court of Appeals for the D.C. Circuit and Judge Raymond W. Gruender of the US Court of Appeals for the Eighth Circuit—and practiced law at Mayer Brown LLP, where he focused on employment litigation and counseling.

Discrimination and Retaliation

• Williams v. Multi-Color Corporation, 23-CV-01643 (E.D. WI) (race discrimination and retaliation).
• White v. Panera, LLC, 23-CV-07028 (disability discrimination)
• McNamara v. Canadian Imperial Bank of Commerce, USA, 21-CV-01865 (hostile work environment and retaliation)
• Clark v. Evergreen Living & Rehab Center, LLC, 20-CV-6596 (N.D. Ill) (disability discrimination and retaliation)
• Blackwell v. The Legacy Group, 19-cv-03103 (N.D. Ill) (race discrimination, hostile work environment, retaliation)
• Confidential Employer (U.S. Department of Justice, IER Section) (citizenship discrimination under Immigration and Nationality Act)

Wage and Hour

• Fulton v. Dovenmuehle Mortgage, Inc., 23-CV-01929 (N.D. Ill) (wage and hour class action)
• Jackson v. Dovenmuehle Mortgage, Inc., 22-CV-1280 (E.D. WI) (wage and hour class action)
• Hanus v. Harting, 21-CV-05289 (N.D. Ill) (wage and hour class action)
• Sykes v. Legacy Healthcare Financial Services, LLC, 21-cv-03190 (N.D. Ill.) (wage and hour class action)

Biometric Privacy

• Mosby v. The Ingalls Memorial Hospital, et al., No. 129081 (IL) (amicus brief in Biometric Information Privacy Act (BIPA) case before Illinois Supreme Court)
• Cothron v. White Castle System, Inc., No. 20-3202 (7th Cir.) (amicus brief in BIPA case before the Seventh Circuit)

• A Cautionary Tale for Clients Using Generative AI (March 2026)
• When Off‑Duty Conduct Has On‑The‑Job Consequences (March 2026)
• Beer, Baseball, and Viral Employee Videos: What Could Go Wrong? (November 2025)
• Important Developments Regarding Restrictive Covenants Under Delaware Law (June 2025)
• Sorry, Your Chromosomes Don’t Match Our Company Culture (April 2025)
• EEOC and DOJ Issue Guidance on “DEI-Related Discrimination” (April 2025)
• Illinois Personnel Record Review Act Amendments Effective January 1, 2025 (January 2025)
• Waive and Save: Reducing Exposure Through Collective Action Waivers (November 2024)
• Texas Court Invalidates FTC Non-Compete Ban (August 2024)
• BIPA Amendment: What Employers Should Know (August 2024)
• Employee Challenges DEI Training Video (But Neglects to Watch It) (July 2024)
• Chicago’s New Paid Leave and Paid Sick Leave Law Takes Effect July 1, 2024 (June 2024)
• U.S. Supreme Court Lowers Bar for Discrimination Claims (June 2024)
• The FTC Non-Compete Ban: What Employers Should Know (April 2024)
• Navigating the New Illinois, Cook County, and City of Chicago Paid Leave Laws (December 2023)
• New Federal Law Expands Protections For Pregnant Applicants And Employees (July 2023)
• Illinois And Other Jurisdictions Expand Leave For Bereavement And Pregnancy-Related Losses (March 2023)

• Chicago Bar Association (Member)
• Harvard Law Society of Illinois (Board Member)