David A. Nacht

Attorney Profile

Top Rated Employment & Labor Attorney in Ann Arbor, MI

NachtLaw, P.C.
 | 101 North Main Street, Suite 555
Ann Arbor, MI 48104
Phone: 888-312-7173
Fax: 734-663-7592
Selected To Super Lawyers: 2011 - 2021
Licensed Since: 1992
Practice Areas:
  • Employment & Labor: Employee (50%),
  • Criminal Defense (40%),
  • Employment Litigation: Plaintiff (10%)
  • Free Consultation
Attorney Profile

David Nacht, 55, is at the peak of his career as a tenacious trial lawyer, strategist and negotiator.  Nacht fights for people throughout their career, from student to employee to executive.  Nacht is particularly proud of his efforts to expand due process rights for the accused:  whether in the workplace, by federal investigators, or by prosecutors. Nacht’s approach is to listen to his client and put his client, and the client’s career and reputation first.  The key: strategy and thinking several steps ahead.  Fight for Dignity, but don’t let emotions cloud decision-making.

There are few lawyers that regularly practice both criminal and civil law in the federal and state courts. Nacht is one of them, and he uses what he learns in each sphere to improve his practice in the other.

Partner/Shareholder Disputes

A recent victory includes a settlement over $800,000 for a small company shareholder and inventor for his shares in fourth quarter 2020.

University Proceedings

In 2020 and 2021 David achieved dismissal of claims in several university proceedings against numerous faculties, staff and students in Title IX, academic misconduct and similar matters. Nacht is recognized as a leader in defending such claims and has done so successfully in Tennessee, Ohio, Massachusetts, and of course Michigan. Nacht’s most recent victory in January 2021 is for a university staff person accused by a peer and by a witness of an inappropriate touching. In 2020, Nacht also won internal proceedings for a professor facing the claims of multiple women alleging sexual misconduct; a physician accused of sex harassment against a coworker; a professor accused of inappropriate activity in the workplace among others.  Nacht represents many women and minority professors and staff facing discrimination.

In 2020, David successfully represented a globally prominent world class university researcher against allegations of research misconduct. No publicity or harm occurred to the professor’s career in spite of a yearlong formal proceeding.  This was Nacht’s third victory in a row for a tenured professor accused of academic misconduct.

In June 2020, David made new law for the rights of university professors in Carlock v Wayne State University.

Nacht has successfully represented hundreds of students accused of a variety of forms of misconduct against fellow students, against property, and of academic misconduct such as plagiarism or unauthorized collaboration.

Nacht is currently representing a fraternity chapter sued by its national organization for allowing women and LGBT people to join.

Employment Litigation and Negotiation


In 2019-2020, David settled numerous employment lawsuits and negotiations totaling millions of dollars for his clients.  A small portion of these cases required filing lawsuits in court.  Most involved quiet negotiations that preserved privacy and reputation for his clients.  Nacht routinely represents executives in health care, software, automotive, energy, manufacturing and finance industries.  He negotiates for bonuses and options as well as severance, healthcare, references, and noncompete terms. Nacht also brings traditional age, race discrimination, disability discrimination and sex harassment lawsuits for employees at all levels in the workforce.  He has numerous cases helping the careers of women of color, and people with chronic health conditions. Nacht has represented several teen girls in the restaurant industry who have been sexually harassed.

Noncompete and Trade Secrets

In 2021, David won a precedent setting Ohio Court of Appeals case for an entrepreneur sued for violating a non-compete agreement, trade secrets and breach of fiduciary duty. Key Realty v Hall (6th District)

Nacht routinely counsels' employees about non-competes and has litigated many non-compete and trade secrets battles successfully.   He has taught other lawyers' seminars on the subject in both Michigan and Ohio.

Physicians/Health Care


In 2020, David successfully represented several physicians and nurses in license proceedings in Michigan and suspension of hospital privileges.  Nacht represents physicians, nurses and other health care providers accused of misconduct or involved in business disputes.  In fourth quarter 2020, Nacht successfully filed and settled a lawsuit by a radiologist against his former partner.  Nacht routinely counsels' physicians on contracts and non-competes as well as fraud investigations.

Criminal Defense 


In 2020, David won the dismissal of a felony for a driver in an unfortunate accident with a pedestrian after a tenacious yearlong battle.  Key to the defense was that Nacht performed his own investigation at the accident scene, interviewing neighboring home dwellers on his cell phone video on the evening he was hired.

In 2020, Nacht obtained a no-jail plea deal after defending a man in Ohio accused of first degree criminal sexual conduct.  Key to the defense was 1.) Nacht retaining a medical expert who proved that the accuser’s account of being unconscious was not medically possible, and 2.) Nacht carefully reviewing the discovery material to recognize that there was an account by the victim that the prosecutor had not turned over.  After obtaining those records, Nacht learned she denied to an investigator that she had been raped.

In other criminal work, Nacht is actively defending health care fraud claims against business owners and physicians in federal court in 2020-21.

Nacht also regularly defends criminal cases in federal and state court such as bribery, assault and battery, drug crimes, theft, and more. 

Other Disputes

In other regulatory work in 2020-21, Nacht currently represents an investor and consultant in an SEC investigation of a technology company.

Nacht represents principals and superintendents in license matters in Ohio and Michigan and in disputes with school districts.  Nacht represents teachers when facing misconduct allegations.

Nacht routinely litigates property disputes involving contracts, zoning, driveways, neighbor disputes.

Nacht holds degrees from Harvard and University of Michigan, where he was an editor of the Law Review. He has previously clerked for a federal judge and worked for Sen. John Glenn in Washington DC on Committee staff. Nacht formerly served as chair of the Ann Arbor Transportation Authority where he was instrumental in expanding service but maintaining fiscal stability.  Nacht has served on numerous boards in non-profit and local government.  He continues to represent indigent criminal defendants in federal court and maintains a pro bono practice that includes a Methodist Church and Jewish Family Services, an organization that assists refugees and the elderly.

Nacht is licensed in Michigan, Ohio, and Massachusetts and works with local counsel in cases in other jurisdictions.

 
Practice Areas
  • 50%Employment & Labor: Employee
  • 40%Criminal Defense
  • 10%Employment Litigation: Plaintiff
Focus Areas

Employment Law - Employee, Unions, Wage & Hour Laws, Whistleblower, Sexual Harassment, Labor Law, Arrest & Arraignment, Assault & Battery, Criminal Fraud, Criminal Law, Drug & Alcohol Violations, False Accusations, Felony, Murder, Prosecution, Sex Offenses, Employment Discrimination, Wrongful Termination, Retaliation, Employment Law - Employer

Selections

Selected to Super Lawyers for 11 yearsbottom-image

Super Lawyers: 2011 - 2021

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About David Nacht

Admitted: 1992, Michigan

Professional Webpage: https://www.nachtlaw.com/attorney/nacht-david/

Honors/Awards:

  • AV Rated, Martindale Hubbell, 2017
  • Top Lawyer's - dbusiness, Detroit's Premier Business Journal, Criminal Defense, 2015
  • Michigan Super Lawyers, Employment and Labor, 2011-2018
  • Best Lawyer's - Best Law Firm, U.S. News, 2015-2018
  • Million Dollar Advocate

Bar/Professional Activity:

  • U.S. Court of Appeals 7th Circuit
  • Ohio
  • American Bar Association, Member
  • U.S. Bankruptcy Court Eastern District of Michigan
  • Michigan Bar Association, Member
  • U.S. District Court Northern District of Ohio
  • Ohio Employment Lawyers Association, Member
  • U.S. Court of Appeals 6th Circuit
  • Michigan
  • State Bar of Michigan, Member
  • U.S. District Court Western District of Michigan
  • American Association for Justice, Member
  • U.S. District Court District of Colorado
  • Michigan Employment Lawyers' Association, Member
  • U.S. District Court Northern District of Illinois
  • Ohio State Bar Association, Member
  • U.S. Supreme Court
  • Washtenaw County Bar Association, Employment Law Section, Former Chair
  • U.S. District Court Eastern District of Michigan
  • Federal Bar Association, Member
  • U.S. Bankruptcy Court Western District of Michigan
  • National Employment Lawyers' Association, Member
  • U.S. District Court Northern District of Texas
  • Ohio Association For Justice, Member

Pro bono/Community Service:

  • Alpha House, Washtenaw County
  • Ozone House, Washtenaw County
  • Ann Arbor Transportation Authority, Board, 2003-2013

Scholarly Lectures/Writings:

  • Lecturer, Strategy for Settling Cases, Professor Richard Friedman, University of Michigan
  • Editor, University of Michigan Law Review, The University of Michigan Law School, Ann Arbor, Michigan
  • Faculty, American Bar Association, Health Law Section
  • Guest Lecturer, University of Michigan Law School

Verdicts/Settlements:

  • Lecturer, Employment Law Issues and Technology, State Bar of Michigan, Intellectual Property Section, September 2016
  • Crosby v. Michigan Department of Corrections, a civil jury awarded a judgment of $390,000
  • Guest Lecturer, University of Michigan College of Engineering: High Tech Entrepreneurship
  • Guest Lecturer, University of Michigan Law School

Representative Clients:

  • A recent victory includes a settlement of over $800,000 for a small company shareholder and inventor for his shares., 2020

Videos:

  • When your career or job is on the line, we are the firm to see. At Nacht Law in Michigan and Ohio, we succeed with all types of employment-related cases and represent individuals as well as labor organizations from factory workers to teachers to executives in a variety of fields. We represent public and private sector employees, union members, "for-cause", and "at-will." For federal employees we navigate the unique administrative process based on years of experience in this specialized area. Our attorneys have extensive experience litigating: Wrongful termination Discrimination Retaliation Whistleblower Pension Issues Disability (ADA) Unemployment claims Employee Retirement Income Security Act (ERISA) Breach of contract Wage and overtime Family and Medical Leave Act (FMLA) Harassment and hostile environment claims Severance Negotiations Non-compete Agreements Uniformed Services Employment and Reemployment Rights Act (USERRA) Family Responsibilities Discrimination (FRD) Whether you are seeking sound legal advice and representation for employment rights or a civil rights violation, or prudent solutions for your Michigan business, our experienced lawyers are here to help., Labor and Employment Legal Rights
  • Lawyers for Employees, 2018

Educational Background:

  • Harvard College, Cambridge, Massachusetts, B.A., Honors: Graduated With Honors, 1987

Comments

  • “David is a top-notch lawyer who is incredibly smart and cares deeply about his clients. He gets great results in employment negotiations and litigation.”

These comments were made by fellow attorneys during the annual nomination process.

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Office Location for David A. Nacht

101 North Main Street
Suite 555
Ann Arbor, MI 48104

Phone: 888-312-7173

Fax: 734-663-7592

David A. Nacht:

Last Updated: 2/9/2021

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