Garner, David D.
Phoenix, Arizona, USA
Dave represents private/public, K-12, and post-secondary educational institutions in litigation, administrative hearings, regulatory investigations (including OCR complaints), compliance issues, board governance matters, employment matters, student matters, special education disputes, policy advice, and day-to-day issues of all stripes. In addition, Dave develops policies, procedures, and training designed to assist clients in avoiding litigation and other legal pitfalls, including drafting/revising policy handbooks, offering compliance training on statutory and other legal requirements, and issuing alerts on emerging legal developments affecting clients.
Dave is also an experienced business litigator, representing national and local clients in high-stakes litigation before state and federal trial and appellate courts on a variety of claims, including class actions, commercial leasing disputes, employment claims, professional negligence claims, and other complex contract and tort claims arising from business-related disputes.
Education Law Experience. In representing educational institutions, Dave serves in an ongoing and/or recurring General Counsel role. He provides training, policy review, contract advice, and general legal guidance aimed at helping these clients ensure regulatory compliance, implement best practices, prevent lawsuits, and effectively defend themselves when litigation is necessary.
As a former high school English and ESL teacher, Dave understands the challenges faced by educators and administrators. Since 2002, Dave has given at least 27 presentations in various education forums including at the Arizona School Boards Association Annual Law Conference.
School law experience includes:
Dave also provides frequent training and day-to-day advice on compliance issues, including public records requests, open meeting law issues, FERPA/student records, child abuse reporting, student discipline/student misconduct (due process, search/seizure, etc.), school/community relations, procurement, student admissions/open enrollment, special education, and many others.
Business Litigation and Alternative Dispute Resolution Experience. Dave represents businesses in a broad array of commercial disputes. His experience includes breach of contract claims, professional negligence claims, employment disputes, defamation claims, express/implied warranty claims, business divorce matters, creditor remedies in secured financing matters, judicial appeals of administrative proceedings, commercial landlord/tenant issues, and many others. To help clients avoid the time and cost of litigation, Dave has also successfully resolved many commercial disputes to favorable settlements through direct negotiation and mediation.
Some of his representative business litigation experience includes:
Religious Institutions Experience. Dave's education law practice includes representing parochial and other religious schools in a broad spectrum of employment, student, and policy issues. In addition, Dave has represented a public community college district in litigation challenging the curriculum of a college-level ethics and philosophy class under the Establishment Clause. Dave negotiated a complete dismissal of the plaintiff’s claims with no monetary payout and no agreement by the community college to alter any of its policies, practices, or procedures.
Class Action Experience. Dave has significant experience successfully litigating class action cases on behalf of financial institutions and insurance companies. He also has experience negotiating class action settlements and helping clients navigate the associated judicial approval process.
Some examples of his recent class action work include:
- Find a Member
- Specialty Groups▾
- Aviation Law
- Best Practices & Firm Management
- Blockchain & Cryptocurrency
- Competition & Antitrust
- Corporate and M&A
- Diversity and Inclusion in Leadership
- Employment & Labor Law
- Environmental Law
- Financial Institutions and Markets (J)
- Firm Administrators
- Franchise Law
- Global Mobility & Immigration Law
- Government Investigations & White Collar Crime
- Governmental Relations
- Insolvency & Secured Transactions
- Insurance Law
- IP, IT, & Cybersecurity
- International Trade & Customs
- Life Sciences
- Litigation & ADR
- Marketing & Business Development
- Native, Indigenous, and Aboriginal Law
- Real Estate / TAG Property
- Sports & Entertainment
- TAG Tax
- TAG Tax: International Tax (North America)
- TAG Tax: State & Local Tax (SALT)
- Transportation and Logistics
- Other Areas of Interest
- About Specialty Groups
- Success Stories▾
Developed in conjunction with Ext-Joom.com