David A. Copus
Profile
David Copus is one of the nation’s leading employment lawyers. He has over 40 years of litigation and counseling experience. He has defended employers in over 30 different U.S. District Courts and has argued cases in seven U.S. Courts of Appeal. David has defended many major class actions. Litigation in which he has been the lead attorney is the subject of four books published by university presses. David has been a featured speaker at over 100 national conferences and has authored many books and articles.
Experience
David is a member of the American Bar Association’s Sections on Litigation and Labor and Employment Law. He is on the editorial board of Corporate Counsel’s Guide to the American with Disabilities Act. He has written numerous articles and books, including a book on litigation strategy published by the American Bar Association and a book on human resources policies published by the Society for Human Resources Management. He has also written a standard text on employment law, Employment Law 101, as well as books on OFCCP, affirmative action, and drug testing. He has written and lectured widely on the effective use of expert witnesses in class actions and on the standards for the admissibility of expert testimony.
David has assisted companies in preparing and implementing affirmative action programs which, in the aggregate, cover more than 2,000,000 employees. He also regularly represents employers in OFCCP matters, including hundreds of standard OFCCP compliance evaluations and “glass ceiling” audits. He has defended several OFCCP enforcement actions.
Following two years as a Peace Corps volunteer in India, David began his legal career in 1969 at the Equal Employment Opportunity Commission (EEOC), where for many years he headed the National Programs Division. In that capacity, he directed some of the largest class action investigations against employers and labor unions. David was also the lead attorney in the EEOC’s largest nationwide class action lawsuit.
Since 1977 David has been in private practice representing employers. He spent 17 years in the Washington, D.C. office of Jones Day before joining the Morristown, New Jersey office of Ogletree Deakins in 2004.
Education and Honors
LL.B., cum laude, Harvard University, 1966
B.A., with honors, Northwestern University, 1963
- New York Area’s Best Lawyers
- Who’s Who in Executives and Professionals
- Guide to World’s Leading Labour and Employment Lawyers
- International Who’s Who of Management Labor and Employment Lawyers
- International Who's Who of Business Lawyers
- International Who’s Who in Executives and Professionals
* No aspect of this communication has been approved by the Supreme Court of New Jersey. For methodology for selection for one of the honors above, please click on the link.
Professional Activities
- American Bar Association (Litigation, and Labor and Employment Law Sections, Subcommittee on Equal Employment)
- Editorial Board, Corporate Counsel’s Guide to the ADA
- ALI-ABA - "Ledbetter Fair Pay Act" - Washington, D.C. - February 19, 2009
- Center for Corporate Equality - "Validity Generalization and the Uniform Guidelines on Employee Selection Procedure" - Washington, D.C. - May 14, 2008
- SHRM National Conference - "OFCCP’s Systemic Compensation Discrimination Standards" - New Orleans - March 12, 2007
- United States Department of Justice - "Best Practices and Strategies for Taking an Employment Discrimination Plaintiff's Deposition" - Washington, D.C. - March 9, 2007
- American Employment Law Council - "Pay Discrimination Claims After Ledbetter" - Ojai - 2007
- National Employment Law Institute - "Daubert Poses Significant Roadblocks for the Testimony of Human Resources Experts in Employment Litigation" - Washington, D.C. - 2007
- National Employment Law Institute - "Junk Science: Standards for Admissibility of Expert Testimony in Employment Litigation in Federal and State Courts" - San Francisco - 2007
- Association of Corporate Council - "Pay Them Now or Pay Them Later: Preventing, Defending, and Resolving Wage and Hour Class Actions" - Washington, D.C. - October 16, 2006
- Society for Industrial and Organizational Psychology - "Validation of Cognitive Ability Tests" - Dallas - May 6, 2006
- AAAA/AILG Conference - "A VERY Fresh Look at OFCCP's Approach to Compensation and Testing Issues" - Phoenix - April 18, 2006
- American Employment Law Council - "What Most of Us Don’t Know About OFCCP’s Recent Actions and Guidelines and Their Direct Impact on Pattern and Practice Claims" - 2006
- NAM Council of Manufacturing Association Executives - "Employment Law Forum" - Washington, D.C. - May 10, 2005
- Society for Industrial and Organizational Psychologists - "Out of Bounds—The Ecological Invalidity of Gender Stereotype Research" - Los Angeles - April 15, 2005
- Triangle Industry Liaison Group - "Compensation Analysis Issues for Government Contractors" - Cary - April 12, 2005
- ERS Group - "Analyzing and Monitoring Compensation in Today’s Regulatory Environment" - Washington, D.C. - March 16, 2005
In The News
- February 21, 2011 - BNA's Daily Labor Report - "OFCCP to Focus on Enforcement, Outreach, and Robust Regulatory Agenda"
- February 2, 2011 - BNA's Employment Discrimination Report - "OFCCP to Focus on Enforcement, Outreach, and Robust Regulatory Agenda"
- February 1, 2011 - HR Focus - "Directive Discontinues Active Case Management Audit Procedures"
- December 16, 2010 - BNA's Daily Labor Report - "OFCCP Issues Directive Discontinuing Active Case Management Audit Procedures"
- August 16, 2010 - Law360 - "How To Make Disparate Impact Analyses Work For Companies"
- January 19, 2010 - BNA's Daily Labor Report - "Bolstered by Staff Increases, OFCCP Revisits Affirmative Action Compliance"
- May 1, 2009 - HR Focus - "Will Fair Pay Law Bring More Litigation?"
- February 12, 2009 - ABA Journal - "Ledbetter Law Cited in Suits Over Promotions, Demotions and Pensions"
- May 15, 2006 - Business Week - "White Men Can't Help It"
- 2010 - American Employment Law Council - "An Emboldened OFCCP"
- April 7, 2009 - Ogletree Deakins Publication - "The Ledbetter Fair Pay Act - What Every Employer Needs To Know "
- 2009 - SHRM - "Managing Pay Equity"
- July 1, 2008 - Ogletree Deakins Publication - "Class Claims of Pay Discrimination After Ledbetter"
- 2008 - IADC Defense Counsel Journal - "Pay Discrimination Claims After Ledbetter"
- January 1, 2007 - Ogletree Deakins Publication - "Planning Ahead For New EEO-1 Requirements"
- 2007 - American Employment Law Council - "Pay Discrimination Claims After Ledbetter"
- 2007 - National Employment Law Institute - "Daubert Poses Significant Roadblocks for the Testimony of Human Resources Experts in Employment Litigation"
- 2007 - National Employment Law Institute - "Junk Science: Standards for Admissibility of Expert Testimony in Employment Litigation in Federal and State Courts"
- 2006 - American Employment Law Council - "What Most of Us Don’t Know About OFCCP’s Recent Actions and Guidelines and Their Direct Impact on Pattern and Practice Claims"
- 2006 - American Corporate Council Association - "Pay Them Now or Pay Them Later: Preventing, Defending, and Resolving Wage and Hour Class Actions"
- 2005 - 18 Journal of Forensic Economics 3-10 - "Statistics Often Tell Much, and Courts Listen: Common Sense and Compensation Discrimination"
- 2005 - Jossey-Bass - "Avoiding Junk Science," in Employment Discrimination Litigation"
- 2005 - National Employment Law Institute - "Stereotyping Testimony as Junk Science"
- August 2004 - New Jersey Law Journal - "Lessons to Be Learned from the Wal-Mart Class Certification Decision"
Texas
District of Columbia
New Jersey
U.S. District Court, District of Columbia
U.S. District Court, District of Maryland
U.S. Court of Appeals, District of Columbia Circuit
U.S. Court of Appeals, First, Third, Fourth, Fifth, Sixth, Seventh, Tenth and Eleventh Circuits
U.S. Supreme Court


