David M. Foy

David Foy has 30 years experience representing private, nonprofit and municipal employers in all areas of employment law. He has successfully defended employers against claims asserting breach of contract, wrongful discharge, discrimination, harassment and retaliation (age, disability, sex, national origin, race and religion), wage and hour and whistleblower violations. Mr. Foy represents employers before federal and state courts and administrative agencies such as the Equal Employment Opportunity Commission, Michigan Department of Civil Rights, U.S. Department of Labor, Michigan Wage and Hour Division, National Labor Relations Board and Michigan Employment Relations Commission. He also represents employers in matters involving enforcement or defense of non-competition/non-solicitation agreements and misappropriation of trade secrets.

In labor matters, Mr. Foy represents private and public sector employers in collective bargaining negotiations, arbitration, grievance resolution and defending unfair labor . Foy assists clients with drafting employment agreements, employee handbooks, policies and procedures and confidentiality and non-competition/non-solicitation agreements. He also assists clients with protecting intellectual property and counsels clients regarding best employment practices, litigation avoidance, family and medical leave, reductions in force, and the classification of employees who are exempt from the Fair Labor Standards Act overtime and minimum wage provisions. Mr. Foy helps clients employ strategies to prevent and defend FLSA claims, including FLSA collective actions and Department of Labor audits regarding employers’ alleged failure to pay overtime or the minimum wage. Mr. Foy successfully defeated efforts to certify a FLSA collective action class of several hundred . Foy has represented municipalities in all aspect of employment and municipal law and made presentations to County Treasurers, Clerks and Registers of Deeds. He is a contributing author of the Michigan Nonprofit Management Manual, 5th edition.

Among other mergers and acquisitions, Mr. Foy represented a global automotive market forecasting company in the sale of its stock for $27 million to a publicly-traded company, which is a leading global source of critical information and . Foy also represented a publicly-traded global energy company with its $20 million acquisition of a Michigan company.

Mr. Foy is a frequent lecturer to companies and professional groups, including the American Society of Employers and Michigan Assisted Living Association.

As a Health Care attorney, Mr. Foy works with medical and dental practices as well as physicians and dentists with respect to forming professional limited liability companies and corporations, drafting and negotiating buy-sell and employment agreements and performing due diligence when joining or buying a medical or dental practice. Mr. Foy was recognized by dBusiness magazine as a Top Lawyer in Health Care Law. He has made numerous presentations to residents from Beaumont Hospital, Henry Ford Health System and Kresge Eye Institute.

Mr. Foy is passionate about heart research and has been involved in several fundraisers on behalf of the University of Michigan C.S. Mott Children’s Hospital.

Mr. Foy studied in Muenster, Germany.