David T. Harmon, Co-Chair of the firm’s Executive Compensation and Employee Benefits Practice Group and a member of the firm’s Management Committee, focuses his practice on the areas of executive compensation, employment, and business law.
David represents senior-level employees of both public and private companies in the negotiation of their employment packages and all associated agreements, whether at the commencement of the employment relationship through offer letters and employment agreements or at termination through severance agreements. His successful negotiation of employment and severance packages for clients includes employment and post-employment compensation, confidentiality, non-compete, non-solicitation, non-poach, and garden leave covenants, the Protocol for Broker Recruiting, change of control provisions, and benefits and protections within the structures and strategies for those packages.
His representation also includes providing advice and counsel to employers in the preparation and negotiation of employment and severance packages with their employees, the design of human resources compliance programs, including employee policy manuals, and counseling and training concerning the implementation of those policies. David also provides neutral investigative services in employment matters.
David provides comprehensive employment evaluations, strategic solutions, and coaching within a variety of industries, including financial services, marketing, advertising, health care, design, branding, publishing, fashion, engineering, real estate, and pharmaceutical, among others.
David’s practice includes representation in FINRA, AAA, and JAMS arbitrations and mediations involving employment and customer disputes, FINRA and other regulatory investigations, disciplinary matters, as well as Forms U4 and U5 expungement and related employment matters.
David also serves as outside general counsel and strategist for small and medium-sized companies in their general business, employment, and transactional matters.
David is a former member of the Board of Directors of the Wall Street Technology Association. He is a member of the Business Law and Labor & Employment Sections of the New York State and American Bar Associations.
David has published many articles and frequently speaks on various legal topics. David is also frequently quoted, most recently in Advisor Hub, Ladders, FundFire, and The Wall Street Journal. He has also been quoted in Broker’s World, a Dow Jones Newswire Publication, the Hedge Fund Law Report, the definitive source of actionable intelligence on hedge funds, and in the annual advisor compensation report in Registered Rep., the financial professionals’ source for breaking news, advice, and what is happening in the industry. He also co-authored a chapter entitled, “Perspectives for Management and Executives on Structuring and Negotiating the Package: It’s not Just About the Dollars,” for a book entitled, Inside the Minds: Employee Benefits and Executive Compensation Plans, for Aspatore Books, a Thomson Business Publisher. David maintains a blog, Transitions in Employment, which focuses on developments in employment agreements, offer letters, severance packages, garden leaves, and non-compete and non-solicitation restrictions, confidentiality agreements, changes in control, deferred compensation, stock options, bonuses, commissions, equity, benefits, and other employment and business developments.
Following a clerkship in the Appellate Division of the New York State Supreme Court, David began his career at the Wall Street law firm of Mudge Rose Guthrie Alexander & Ferdon.
Norris McLaughlin Appoints David Roberts as Chair and Elects David Harmon and Graham Simmons to Management Committee
David T. Harmon Quoted in Ladders Article
Charles Bruder & David Harmon To Present Webinar on Settlement and Severance Packages
David T. Harmon Quoted in FundFire
Live Interview, "Tips for Advisers at Bankrupt Firms," MarketWatch
Live Interview, "Broker’s World: Seeking Legal Advice," MarketWatch
Norris McLaughlin, P.A.Forms Task Force To Address Emergent Executive Compensation & Employment Issues
David T. Harmon Quoted in FUNDfire
Norris McLaughlin, P.A. Attorneys Co-Author Chapter on Executive Compensation
DEVELOPMENTS IN NEW YORK CITY LABOR LAWS
CREDIT CARD SECURITY: HOW TO PROTECT YOUR BUSINESS FROM FEES
NEW YORK WAGE THEFT PREVENTION ACT
EXECUTIVE COMPENSATION: DON'T FORGET THE FRINGE BENEFITS
PERSPECTIVE FOR MANAGEMENT AND EXECUTIVES ON STRUCTING AND NEGOTIATING THE PACKAGESee More
New Bill May Significantly Expand NY State Employment Rights
Employers: Beware the Temptation to “Retaliate”See More
In the News: Employment Agreements and Confidentiality Obligations
An “Employment Disaster Recovery Bag” Is a Must!
Financial Advisors: Know Your Post-Employment Restrictions Before Making a Move
Fluctuating Workweek Overtime Method May Be Changed with Proposal from U.S. Department of Labor
The Truth About Firm-Wide Employment Terminations
Revenge is Not Always a Dish Best Served Cold: Employer Retaliation Can Be Costly
Companies’ Utilization of Fitness Data Raises Privacy Concerns
In the News: Fired UBS Broker Gets to Keep Half-Million-Dollar Note Balance
In the News: UBS Sues Fired Broker Who Didn’t Pay Arbitration Award
Too Many Cooks Spoil the Broth
In the News: Wells Fargo Advisors to Tell Customers They can Keep Data Away from Brokers
Back to the Future: 2018 and the Protocol for Broker Recruiting
In The News: Fleeing Morgan Stanley Brokers Improperly Solicit Clients
In The News: UBS Exits Protocol for Broker Recruiting
In The News: Headhunter Offers to Pay Morgan Stanley Brokers’ Legal Fees
Suggestions on Avoiding Mishaps in Employee Discipline or Termination
In The News: 7 Ways Morgan Stanley’s Protocol Exit Will Backfire
Morgan Stanley Withdrawing from the Protocol for Broker Recruiting
Employers Pull Plug on Remote Work
IN THE NEWS: New Case Shows You Have To Check Your LinkedIn Contacts After Leaving a Job
2017 Wall Street Women Forum: Recharging in Times of Change
No Right to Privacy in the Workplace
IN THE NEWS: J.P. Morgan Pursues Arbitration Case Against Advisors
New Target Executive Sued By Amazon
An “Employment Disaster Recovery Bag” Is A Must!
IN THE NEWS: J.P Morgan Sues Former Advisor Team
Mega-Merger Collapses: Be Careful What You Wish For
IN THE NEWS: What Are the Legal Implications of Ruder Finn Group Situation?
IN THE NEWS: Cheniere Energy and Barclays Executive Compensation Issues
As Summer Winds Down, Ease Off Your Electronics
Is the Anti-Management Business Model Sustainable?
Stay or Go: Options Are Limited When Your Firm Has Been Indicted
The Responsibilities of C-Suite Are Evolving
Developments in New York City Labor Law
Don’t Alert Clients Before Defecting
Getting On Board As A Team Player With The New CEO
Do You Have A Termination Recovery Plan?
Part V: Negotiating the Employment Package That Is Best for You – The Fine Print Matters
Part IV: Negotiating the Employment Package That Is Best for You – The Fine Print Matters
Duke’s CEO-for-a-Day Due Around $44 Million in Severance Payments
Part III: Negotiating the Employment Package That Is Best for You – The Fine Print Matters
PART II: Negotiating the Employment Package That Is Best for You – The Fine Print Matters
PART I: Negotiating the Employment Package That Is Best for You – The Fine Print Matters
Lessons Learned from Yahoo! CEO Flap
Other Restrictions May Also Confine Post-Termination Activities
Tech Companies Get Creative to Woo Talent
C-Suite Executives Should Carefully Consider Obtaining Insurance Policies of Indemnification
Short-Term Gratification May Have Serious Repercussions
What Should We Make of Greg Smith’s Resignation Op-Ed in Today’s New York Times?
Another Perspective on the Role of the Attorney in an Employment Deal
There Are Potential Pitfalls to “The $100 Million Giveback”
It’s All About LEVERAGE in the Negotiation of a Renewal Contract
Non-Profit Employment Contracts with Six Figure Severance Payments Draw Scrutiny
Jury Decides in Drapkin’s Favor in Quarrel Over Severance Payment
IN THE NEWS: What’s the Impact of Compliance with Post-Employment Obligations on Severance Agreements?
Be Wary As Companies Consider Modifying Deferred Compensation
What Are the Tax Implications of Changes in Morgan Stanley’s Compensation Structure?
When Should You Retain Counsel in connection with Termination of Employment?
IN THE NEWS: Wall Street Expects Lower Bonuses
IN THE NEWS: Tips for Advisers At Bankrupt Firms
IN THE NEWS: Execs and Employees React to Compensation Changes at Jefferies Group
Welcome to Transitions in Employment!See More
Fitness Data for Corporate Health Programs Raises Privacy ConcernsSee More
David T. Harmon has earned the Martindale-Hubbell AV Preeminent® status. A description of the selection methodology can be found here.