Photo of David M. Korn
  • PRACTICE FOCUS
  • EDUCATION+
    • Tulane University Law School
      J.D., cum laude, 1992
    • Tulane University
      B.A. in Philosophy and Music, 1989
  • ADMISSIONS+
    • U.S. District Court, Southern District of Texas
    • U.S. Court of Appeals for the Tenth Circuit
    • U.S. District Court, Eastern District of Louisiana
    • U.S. District Court, Middle District of Louisiana
    • U.S. Court of Appeals for the Eighth Circuit
    • Louisiana
    • U.S. Court of Appeals for the Fifth Circuit
    • U.S. Supreme Court
    • U.S. District Court, Western District of Louisiana
    • Texas
  • CLERKSHIP+
David M. Korn Partner
New Orleans | Houston
Resident in the New Orleans office
david.korn@phelps.com
504-584-9374  direct
david.korn@phelps.com
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David Korn practices in the area of labor and employment. He represents private employers, insurance companies and governmental entities in all facets of labor and employment law throughout the Gulf South, with particular emphasis in Texas and Louisiana.

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David Korn practices in the area of labor and employment. He represents private employers, insurance companies and governmental entities in all facets of labor and employment law throughout the Gulf South, with particular emphasis in Texas and Louisiana.

Mr. Korn serves as lead trial counsel in cases brought under federal and state employment law statutes. He has handled issues brought under Title VII, the Americans with Disabilities Act, the Family and Medical Leave Act, the Fair Labor Standards Act, the Worker Adjustment and Retraining Notification Act, the Age Discrimination in Employment Act as well as discrimination claims and tort-based breach of contract claims asserted under state laws. He has also resolved over 100 claims through alternative dispute resolution, including mediation and arbitration.

At the administrative level, Mr. Korn has represented employers who are faced with charges filed with the Equal Employment Opportunity Commission, the Office of Federal Contract Compliance Program, the National Labor Relations Board, the Texas Commission on Human Rights, the Louisiana Commission on Human Rights and the Department of Labor. He regularly gives training seminars and presentations on how employers can prevent charges from being filed and how to defend against them when they are received.

Mr. Korn is also an active speaker on a wide range of employment law topics, has served as an adjunct professor to Tulane University Law School and the University of New Orleans and been honored to serve as a guest lecturer through the Fulbright Program teaching students in an international forum about how cases are litigated in the United States.

He currently serves as the practice coordinator for the firm's Labor & Employment practice group in New Orleans.

Experience Insights Memberships & Affiliations Recognition

Practice Focus

Experience

  • Representation of private and public employers in all facets of employment-related lawsuits brought in federal and state courts. Defending claims for civil rights violations (including discrimination and harassment), constitutional rights violations and breach of contract claims.
  • Counseling and defending clients on leave issues under the Family and Medical Leave Act, Americans with Disabilities Act and military leave. Counseling and defending clients on employee wage payment issues and overtime issues as it relates to salary/hourly employees.

A sampling of published opinions includes: 

  • Jones v. Delta Towing LLC, 512 F. Supp. 2d 479 (E.D. La. 2007). Case involved an employee alleging racial discrimination, hostile work environment and retaliation.
  • Girouard v. Edison Chouest Offshore, 2007 WL 2751205 (E.D. La. 2007). Case involved an employee alleging gender discrimination and harassment.
  • Anderson v. New Orleans Jazz & Heritage Festival, 464 F.Supp.2d 562 (E.D. La. 2006). Case involved the Family Medical Leave Act and state tort law claims.
  • Wilson v. Airtherm Products, Inc., 436 F.3d 906 (8th Cir. 2006), cert. denied, 127 S.Ct. 182 (2006). Defended against 88 employees claim for back wages under the W.A.R.N. Act.

Academic Appointments:

  • Tulane Law School, Legal Research & Writing Instructor, 1991-1992
  • Fulbright International Summer Institute, Lecturer, 2006
  • University of New Orleans, Adjunct Faculty Member, 2007-2008
  • Tulane University, Employment Law Adjunct Faculty Member, Spring 2010

Insights

Publications
  • Author, Employment Law Manual Articles/Louisiana Requirements, XpertHR, in partnership with LexisNexis. Topics include: EEO Laws - Affirmative Action, Retaliation, Discrimination, Harassment; Employee Privacy; Employee Handbooks, Work Rules and Employee Conduct; Labor- Alternative Dispute Resolution
  • Co-Author, MLRC 50-State Survey 2006: Employment Libel and Privacy Law (Responsible for the State of Louisiana) (Media Law Resource Center 2006)
Speaking Engagements
  • Louisiana Bankers Association: 2018 Human Resources and Security Conference (July, 2018)
  • New Orleans Labor and Employment Law Seminar (November, 2017)
  • New Orleans Employment Law Seminar 2012 (August, 2012)
  • Speaker, " How to Respond to EEOC Charges and Investigations," 2008 Chapter Meeting of the Northshore Region Human Resource Association (March 13, 2008)
  • Speaker, "Management Issues for Supervisors: Troublesome employees and the Potential Legal Issues that Might Arise from Sanctioning Them," National Association of Appellate Court Attorneys (August 4, 2007)
  • Lecturer, "From Law School to Lawyer: An Overview of the United States Judicial System and a Practicum on Litigating a Trial," Fulbright International Summer Institute in Borovets, Bulgaria (August, 2006)
  • Speaker, Recent Developments under the Americans with Disabilities Act," Louisiana Society for Human Resource Management, State Conference (April 21, 2005)
  • Speaker, "Employment Practices Issues, Legal Insurance Issues Seminar" (April 20, 2005)
  • Speaker, "The Ten Commandments of Employment Law," Jefferson Bar Association Continuing Legal Education Seminar (April 15, 2005)
  • Speaker, "Effective Disciplining of Employees; ADA/FMLA/State Leave laws; Common Problems under the Fair Labor Standards Act; Military Leave Laws," Galliano Marine Service, L.L.C. (January 12, 2005)
News

Memberships & Affiliations

  • State Bar of Texas
  • Louisiana State Bar Association
  • American Bar Association - Labor and Employment Law Section and EEO Subcommittee
  • National Association of College and University Attorneys
  • DRI – The Voice of The Defense Bar (Employment Law Subcommittee)

Recognition

  • AV Preeminent Peer Review Rated, Martindale-Hubbell
  • Chambers USA: America's Leading Lawyers for Business
  • Litigation - Labor and Employment, The Best Lawyers in America (2019-2021)
  • New Orleans Magazine - Top Lawyers: Labor & Employment Law

Education

  • Tulane University Law School
    J.D., cum laude, 1992
  • Tulane University
    B.A. in Philosophy and Music, 1989

Admissions

  • U.S. District Court, Southern District of Texas
  • U.S. Court of Appeals for the Tenth Circuit
  • U.S. District Court, Eastern District of Louisiana
  • U.S. District Court, Middle District of Louisiana
  • U.S. Court of Appeals for the Eighth Circuit
  • Louisiana
  • U.S. Court of Appeals for the Fifth Circuit
  • U.S. Supreme Court
  • U.S. District Court, Western District of Louisiana
  • Texas
  • Representation of private and public employers in all facets of employment-related lawsuits brought in federal and state courts. Defending claims for civil rights violations (including discrimination and harassment), constitutional rights violations and breach of contract claims.
  • Counseling and defending clients on leave issues under the Family and Medical Leave Act, Americans with Disabilities Act and military leave. Counseling and defending clients on employee wage payment issues and overtime issues as it relates to salary/hourly employees.

A sampling of published opinions includes: 

  • Jones v. Delta Towing LLC, 512 F. Supp. 2d 479 (E.D. La. 2007). Case involved an employee alleging racial discrimination, hostile work environment and retaliation.
  • Girouard v. Edison Chouest Offshore, 2007 WL 2751205 (E.D. La. 2007). Case involved an employee alleging gender discrimination and harassment.
  • Anderson v. New Orleans Jazz & Heritage Festival, 464 F.Supp.2d 562 (E.D. La. 2006). Case involved the Family Medical Leave Act and state tort law claims.
  • Wilson v. Airtherm Products, Inc., 436 F.3d 906 (8th Cir. 2006), cert. denied, 127 S.Ct. 182 (2006). Defended against 88 employees claim for back wages under the W.A.R.N. Act.

Academic Appointments:

  • Tulane Law School, Legal Research & Writing Instructor, 1991-1992
  • Fulbright International Summer Institute, Lecturer, 2006
  • University of New Orleans, Adjunct Faculty Member, 2007-2008
  • Tulane University, Employment Law Adjunct Faculty Member, Spring 2010
Publications
  • Author, Employment Law Manual Articles/Louisiana Requirements, XpertHR, in partnership with LexisNexis. Topics include: EEO Laws - Affirmative Action, Retaliation, Discrimination, Harassment; Employee Privacy; Employee Handbooks, Work Rules and Employee Conduct; Labor- Alternative Dispute Resolution
  • Co-Author, MLRC 50-State Survey 2006: Employment Libel and Privacy Law (Responsible for the State of Louisiana) (Media Law Resource Center 2006)
Speaking Engagements
  • Louisiana Bankers Association: 2018 Human Resources and Security Conference (July, 2018)
  • New Orleans Labor and Employment Law Seminar (November, 2017)
  • New Orleans Employment Law Seminar 2012 (August, 2012)
  • Speaker, " How to Respond to EEOC Charges and Investigations," 2008 Chapter Meeting of the Northshore Region Human Resource Association (March 13, 2008)
  • Speaker, "Management Issues for Supervisors: Troublesome employees and the Potential Legal Issues that Might Arise from Sanctioning Them," National Association of Appellate Court Attorneys (August 4, 2007)
  • Lecturer, "From Law School to Lawyer: An Overview of the United States Judicial System and a Practicum on Litigating a Trial," Fulbright International Summer Institute in Borovets, Bulgaria (August, 2006)
  • Speaker, Recent Developments under the Americans with Disabilities Act," Louisiana Society for Human Resource Management, State Conference (April 21, 2005)
  • Speaker, "Employment Practices Issues, Legal Insurance Issues Seminar" (April 20, 2005)
  • Speaker, "The Ten Commandments of Employment Law," Jefferson Bar Association Continuing Legal Education Seminar (April 15, 2005)
  • Speaker, "Effective Disciplining of Employees; ADA/FMLA/State Leave laws; Common Problems under the Fair Labor Standards Act; Military Leave Laws," Galliano Marine Service, L.L.C. (January 12, 2005)
News
  • State Bar of Texas
  • Louisiana State Bar Association
  • American Bar Association - Labor and Employment Law Section and EEO Subcommittee
  • National Association of College and University Attorneys
  • DRI – The Voice of The Defense Bar (Employment Law Subcommittee)
  • AV Preeminent Peer Review Rated, Martindale-Hubbell
  • Chambers USA: America's Leading Lawyers for Business
  • Litigation - Labor and Employment, The Best Lawyers in America (2019-2021)
  • New Orleans Magazine - Top Lawyers: Labor & Employment Law