Practice areas: Employment Litigation, Civil Rights, Class Action & Mass Torts; view more
Licensed in Maine since: 1991
Education: Harvard Law School
Selected to Super Lawyers: 2007 - 2025 Johnson & Webbert, LLP
103 Exchange StPortland, ME 04101 Phone: 207-618-6682 Email: David G. Webbert Visit website
Details
David G. Webbert specializes in employment, civil rights, and complex litigation. He is a partner in the Maine firm of Johnson, Webbert & Garvan, LLP, the largest firm in Northern New England specializing in workers’ and civil rights. He graduated magna cum laude from both Yale College and Harvard Law School, where he was an editor of the Harvard Law Review. David clerked for Judge Starr on the U.S. Court of Appeals for the D.C. Circuit. This year he was selected for the fifth time as one of only five Maine lawyers on the Super Lawyers’ list of the top 100 lawyers in New England. David is the President of the Maine Employment Lawyers Association and is an elected Fellow of The College of Labor and Employment Lawyers. He is a member of the Maine Federal Court’s Local Rules Advisory Committee and is an elected member of the American Law Institute and served on its Consultative Group for the Restatement (Third) of Employment. David has handled many precedent-setting employment and civil rights cases, including multi-million dollar class action settlements; the First-Circuit, overtime-pay decision celebrating the Oxford Comma and grammar rules; an en-banc, First-Circuit, wrongful-termination and First-Amendment case for the former Maine Speaker against former Governor LePage; the First Circuit ruling in Chadwick v. Anthem upholding an implicit bias claim based on stereotyping against mothers of young children; an academic freedom verdict for a university professor in a case featured in the ABA Journal, two of the largest ADA verdicts in Maine, a free speech verdict for the President of the Portland NAACP, fair housing cases reported in leading national newspapers. He received the Justice Louis Scolnik award from the Maine Civil Liberties Union for exceptional work on behalf of civil liberties. The Disability Rights Center of Maine honored him with an award for his representation of Maine citizens with disabilities. He is also an elected member of the American Law Institute, a group of leading judges, legal scholars and lawyers founded in 1923 to promote clarity and reform in judge-made law and recognized as the most prestigious American legal association.
Practice areas
Employment Litigation: Plaintiff, Civil Rights, Class Action/Mass Torts: Plaintiff, Personal Injury - General: PlaintiffFirst Admitted: 1986, Maryland
Professional Webpage: http://www.johnsonwebbert.com/our-attorneys/david-g-webbert/
Bar/Professional Activity:
- Civil Process Improvement Stakeholders Working Group for the Maine Supreme Judicial Court, Member 2018-2019; Maine Employment Lawyers Association, President, 1998 to present; American Law InstituteElected Member, 2006 to present; Local Rules Committee for the United States District Court for the District of MaineMember, 1998 to present
Verdicts/Settlements (Case Results):
- David has handled many precedent-setting employment and civil rights cases, including multi-million dollar class action settlements for unpaid overtime, age discrimination in layoffs, and unlawful strip searches; the First-Circuit, overtime-pay decision celebrating the Oxford Comma and grammar rules; an en-banc, First-Circuit, wrongful-termination and First-Amendment case for the former Maine Speaker against former Governor LePage; the First Circuit ruling in Chadwick v. Anthem upholding an implicit bias claim based on stereotyping against mothers of young children; an $805,000 academic freedom verdict for a university professor in a case featured in the ABA Journal, two of the largest ADA verdicts in Maine, a free speech verdict for the President of the Portland NAACP resulting in a $450,000 settlement, fair housing cases reported in leading national newspapers, and the first ADA case decided by the U.S. Supreme Court, Abbott v. Bragdon.
Representative Clients:
- Mark Eves, then Speaker of the Maine House of Representatives; Moses Sebunya, then President of the Portland Maine NAACP
Pro bono/Community Service:
- Civil Process Improvement Stakeholders Working Group for the Maine Supreme Judicial Court, Member 2018-2019; Maine Employment Lawyers Association, President, 1998 to present; American Law Institute, Elected Member, 2006 to present; Local Rules Committee for the United States District Court for the District of MaineMember, 1998 to present; Maine Civil Liberties Union, Legal PanelMember, 1992 to 2016; Disability Rights Center of Maine, Member of Board of Directors, 2004 to 2014, President,2011-14; School Committees of Town of Wayne, Union School District #42 and Community School District #10, Member, 1995 - 2001,Chairman of Wayne School Committee, 1996 - 2000, Chairperson, Building Committee for new Middle School 1997 - 2000; Head Coach, Youth Sports Leagues, 1994 - 2002
Honors/Awards:
- The Maine Civil Liberties Union 2000 Justice Louis Scolnik Award in Recognition of Exceptional Work in Furthering the Cause of Civil LibertiesOutstanding Attorney Award from Disability Rights Center of Maine in 2003 for Legal Services on Behalf of Maine Citizens with Disabilities
Educational Background:
- Yale College, magna cum laude, 1982
- Harvard Law School, Cambridge, MA, J.D., magna cum laude, 1985Harvard Law Review, editor 1983-85Yale University, New Haven, CT, B.A. History, magna cum laude, 1982, 1985
Scholarly Lectures/Writings:
- "In Defense of Whitney," Maine Bar Journal, May 2007."Interview: A Conversation with George Z. Singal," Maine Bar Journal, July 1999.Book Review of Archibald Cox: Conscience of a Nation, Maine Bar Journal, January 1998."Representing Clients Before the Maine Human Rights Commission," Maine Lawyers Review, September 25, 1996."There are Two Sides To Most Stories: the new amendments to the Americans with Disabilities Act and other employment law issues from both the employer and employee perspective," Maine Human Resources Convention, Samoset Resort, Rockport, ME, May 14, 2009"Civil Rights and Civil Liberties at the U.S. Supreme Court," Maine State Bar Association Summer Meeting, Sunday River, ME, June 21, 2008"Disability and Reasonable Accommodation Issues," Maine Human Rights Compliance Seminar, Maine Human Rights Commission, Portland, ME, April 16, 2008;"The ADA Restoration Act and the Proper Scope of Civil Rights Protections for Individuals with Disabilities," Governmental Affairs Conference, Society for Human Resource Management Maine State Council, Augusta, ME, March 27, 2008;"Free Speech Limits on Permanent Requirements for Parades and Marches," Meeting of the Regional Organization of Municipal Attorneys, Portland, ME, February 14, 2008;"Recent Developments in Employment Law," Maine State Bar Association Conference on Employment Law, Augusta, ME, October 5, 2007;"How a Bill Became Law: The New Definition of Disability in the Maine Human Rights Act," Maine State Bar Association Labor and Employment Law Section, Augusta, ME, September 5, 2007; "Summary Judgment in Employment Discrimination Cases," Summary Judgment Practice in Maine, Maine State Bar Association, August, ME, June 7, 2007;"Emerging Case Law," Employment Law Conference of the Maine State Bar Association, Augusta, ME, November 29, 2006"Informal Discovery: Proven Techniques and Resources for Investigating the Case Before You File," New England Regional Conference, National Employment Lawyers Association, Boston, MA, May 19, 2006"Successful Mediation Techniques," Maine Association of Dispute Resolution Professionals Meeting, Augusta, ME, February 2, 2006"Recent Developments in Employment Law," Maine Employment Lawyers Association Meeting, Portland, ME, December 2, 2005"Tips for Closing Argument," John Ballou Inns of Court Meeting, Bangor, ME, March 3, 2005"Employment Law Developments," 2004 Year in Review Program, Maine State Bar Association, Augusta, ME, November 18, 2004"A Perspective: Is Summary Judgment Overused in Employment Discrimination Cases?" Civil Practice Panel, Summary Judgment Practice, District of Maine Judicial Conference, Rockport, ME, October 22, 2004 "Recent Developments in Employment Law," Maine Employment Lawyers Association Meeting, Wayne, ME, September 17, 2004"Emerging Case Law," Employment Law Update, Maine State Bar Association, Augusta, ME, September 10, 2004"Employment Discrimination Law Update," Technical Assistance Program Seminar, U.S. Equal Employment Opportunity Commission, New York District Office in Partnership with the Maine Human Rights Commission, Portland, ME, June 8, 2004"Emerging Case Law," Employment Law from Case Intake to Trial, Maine State Bar Association, Portland, ME, June 12, 2003"Closing Argument," New England Regional Conference of National Employment Lawyers Association, Boston, MA, April 4 - 5, 2003 (also served as Co-Chair of the entire conference)"Prosecuting and Defending Employment Claims," Litigation Institute, Maine Trial Lawyers Association and the Maine State Bar Association, Augusta, ME, March 14, 2003"Significant Emerging Issues," Employment Practices and Issues seminar, Maine Human Rights Commission, Portland, ME, May 15, 2002"Special Issues for Employment Claims Involving Public Employees," Employment Law Update Seminar, Maine State Bar Association, Portland, ME, March 27, 2002"Hot Topics in Maine Employment Law," Annual Meeting, Maine State Bar Association, Bangor, ME, January 24, 2002"Sexual Harassment Law," John Waldo Ballou American Inns of Court Meeting, January 16, 2002"Representing Clients Before the Maine Human Rights Commission," John Waldo Ballou American Inns of Court Meeting, January 16, 2002"Understanding the Implications of Employment Discrimination Cases from Both the Plaintiff's & Employer's Points of View," Personnel Law Update 2001, Council on Education in Management, Portland, ME, September 25-26, 2001 "Litigating Sexual Harassment Cases," Annual Meeting, Maine State Bar Association, Rockport, ME, January 25, 2001"Employment Law Developments," 2000 Legal Year in Review Seminar, Maine State Bar Association, Augusta, ME, November 17, 2000"Employment Litigation in the District of Maine: Current Trends and Future Directions," 2000 District of Maine Judicial Conference, Rockport, ME, October 19, 2000"Who is ‘Disabled,'" Injured and Disabled Employees in the Workplace, Maine State Bar Association, Augusta, ME, June 2, 2000"Damages and Remedies," Employment Law and Litigation Seminar, Maine Trial Lawyers Association, South Portland, April 7, 2000 "Free Speech Rights of Public Employees," First Amendment Law Conference, Maine Civil Liberties Union and the University of Maine School of Law, Portland, ME, March 16, 2000"Effective Closing Arguments in an Employment Discrimination Case," Advanced Federal Practice, Maine State Bar Association, Augusta, ME, January 28, 2000"The Anatomy of an ADA Case: Quint v. Staley," (classroom presentation) University of Maine School of Law, Portland, ME, April 20, 1999"Show and Tell: the Best Demonstrative Evidence for Your Trial," New England Regional Conference, National Employment Lawyers Association, Waltham, MA, April 16, 1999"Strategies for Picking a Jury," New England Regional Conference, National Employment Lawyers Association, Waltham, MA, April 16, 1999"An Overview of Substantive Provisions of Title I (Employment) of the Americans with Disabilities Act," Disability Discrimination Conference, Maine Civil Liberties Union, Portland, ME, March 1999"Maine Employment and Labor Law for Non-Profit Organizations," Lorman Education Services, Portland, ME, January 28, 1999"Sexual Harassment Update," Current Employment Law Issues Seminar, Maine State Bar Association, South Portland, ME, January 8, 1999 "Age and Disability Discrimination: Getting and Keeping Damages," New England Regional Conference, National Employment Lawyers Association, Boston, MA, November 20, 1998 "Employment Law," People's Law School, Maine Trial Lawyers Association, Rockland, ME, September 30, 1998 "Proving Damages in Employment Cases," Fair Employment Practice Seminar, Maine Human Rights Commission, Portland, ME, October 29, 1997 "General Principles for Proving Liability in Federal Statutory Employment Discrimination Cases," Discrimination Law Conference, Maine Civil Liberties Union, Portland, ME, January 31, 1997 "Damages and Remedies in Employment Discrimination Cases," Employment Law, Maine State Bar Association, Portland, ME, November 21, 1996 "Employment Law Update," 1996 Year in Review Seminar, Maine State Bar Association, Brewer, ME and Portland, ME October 25, 1996, November 1, 1996 "Proof of Damages - Experts; Hedonic Damages; Techniques and Proof of Emotional Distress (Advanced)," New England Regional Conference National Employment Lawyers Association, Boston, MA May 10, 1996 "Harassment, Discrimination, Privacy: The Risks of Workplace Romance," Personnel Law Update 1996, Council on Education and Management, Portland, ME, March 6, 1996 "Small Firm Practice," Introduction to the World of Law Harvard Law School, Cambridge, MA, November 8, 1995 "Using the ADA to Stop Sexual Orientation Discrimination," 1995 Northeast Regional Lavender Law Conference University of Maine School of Law South Portland, ME, October 13, 1995 "Selecting High Verdict Cases," Employment Discrimination Litigation, Maine Trial Lawyers Association Portland, ME, March 31, 1995 "Employment Discrimination and Wrongful Discharge: What General Practitioners Should Know," Bridging the Gap 1994 Maine State Bar Association, Portland, ME, October 19, 1994"Why Employees Win Large Verdicts," Personnel Law Update 1994, Council on Education and Management, Portland, ME, October 13, 1994"Sexual Harassment," Employment Law Conference, Equal Employment Opportunity Commission, Portland, ME, September 29, 1994"Disability Discrimination," New England Regional Conferences, National Employment Lawyers Association, Cambridge, MA, April 9, 1994"An Overview of Substantive Provisions of Title I of the ADA," Disability Law Conference, Maine Civil Liberties Union, April 1994
- Best Practices for Employment Settlement Agreements, Presenter, Settlements in Employment Cases, Maine State Bar Association Employment Law Update Conference, 2019
Other Outstanding Achievements:
- Quoted in Pro Publico article about lawsuit against IBM for using illegal release of ADEA collective action claims when laying off about 20,000 older workers. See https://www.propublica.org/article/ibm-accused-of-not-disclosing-ages-people-40-and-older-laid-off#“IBM against one person is not a fair fight,” said David Webbert, an Augusta, Maine, lawyer who, together with his partner, Jeffrey Young, and a Washington-based law firm, filed the new case. “IBM against thousands of people who’ve been laid off because of their age, that’s a legitimate legal proceeding. “IBM is afraid of a fair fight,” Webbert said. Quoted in New York Times articles about class action for unpaid overtime: https://www.nytimes.com/2017/03/16/us/oxford-comma-lawsuit.html
Industry Groups:
- Maine Employment Lawyers Association
- President
Office location for David G. Webbert
103 Exchange St
Portland, ME 04101
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