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David C. Roth

Associate, Denver
t: 303.218.3647
f: 303.218.3651


David helps employers of all sizes and from many industries with the entire spectrum of labor and employment matters.  He defends clients against a wide variety of claims of unlawful discrimination and retaliation, addresses allegations of wage and hour violations, assists with workplace safety compliance, evaluates claims of unfair labor practices, and protects trade secrets and confidential information from misappropriation by competitors and former employees.

Although David loves cookies, he never takes a cookie-cutter approach in his practice.  Rather, David collaborates with each client to garner a unique understanding of its business objectives and then draws upon that understanding to craft a solution in line with the client’s needs and goals.  If it is in the client’s best interest to quickly and efficiently address a matter, then David will seek a swift resolution.  If the client desires to go trial and is adamant it did not do anything wrong, then David will aggressively litigate.

Advice, counsel, and risk mitigation comprise a large aspect of David’s practice because he understands that often the best lawsuit is the lawsuit that never gets filed, and that minimizing risk is truly valuable.  Accordingly, David helps ensure compliance with federal, state, and local labor and employment laws by creating and reviewing policies and procedures, advising on day-to-day employment questions, and educating decision makers on recent legal developments.  By embracing the idea of ongoing advice and counsel, David is able to build deep and meaningful relationships with those he serves to help keep them out of harm’s way.

However, when lawsuits do arise, David has litigated in both federal and state courts, and has practiced before administrative agencies and arbitral forums such as the Equal Employment Opportunity Commission, the Colorado Civil Rights Division, and the Financial Industry Regulatory Authority (FINRA).  Some of David’s recent cases have resulted in:

  • A complete defense finding in a bench trial regarding a breach of contract claim;
  • The dismissal of an administrative charge alleging sex discrimination and retaliation; and
  • A favorable arbitration decision that protected a client’s trade secrets from use by a former employee.

David is passionate about what he does, which helps explain why he is a frequent and award-winning writer and speaker on employment and HR-related topics.  It also explains his decision to earn a certificate in labor and employment law while in law school and to work as the Comments Editor for the Denver University Law Review.  His love of the law, insistence on excellence, and commitment to client and public service are evident from David’s prior experiences working with federal and state judges.  He clerked for the Hon. Elizabeth L. Harris on the Colorado Court of Appeals, and interned for both the Hon. Kristen L. Mix on the United States District Court for the District of Colorado and the Hon. Nancy E. Rice, Chief Justice of the Colorado Supreme Court.  David also interned with the Civil Litigation and Employment Law section of the Denver City Attorney’s Office and, before attending law school, worked for two years at Williams & Connolly LLP in Washington, D.C.       

David also has a life outside of the office.  He is a member of the Board of Directors of IN! The Colorado Initiative for Inclusive Higher Education, a wonderful non-profit organization dedicated to providing opportunities for post-secondary education to students with intellectual and developmental disabilities.  David also serves on an advisory committee at Denver University’s Sturm College of Law that helps guide and promote legal scholarship.  When he can make it outside, David enjoys hiking in the summer and skiing and snowshoeing in the winter.  Unfortunately, he often offsets that activity by taking advantage of Denver’s burgeoning restaurant scene and by experimenting in his own kitchen.      

Honors & Leadership

Professional Activities

  • Member, Colorado Bar Association
  • Member, Denver Bar Association

Community Activities

  • Member, Board of Directors, IN! The Colorado Initiative for Inclusive Higher Education


Seminars & Speaking Engagements

  • The EEOC’s New Strategic Enforcement Plan for 2017-2021 and How It May Affect Your Workplace, live webinar presented March 2017 with Lawrence Lee
  • Constructive Discharge Claims: How Bad Does It Have to Get?, 33rd Annual National CLE Conference, January 2016, with William J. Kelly III and Robert A. Meister


  • Opioid Abuse in the Workplace: Not Just Another Day in Employer Paradise, Municipal Lawyer, July/August 2017, Co-authored with Lawrence Lee
  • The EEOC’s Enforcement Priorities: What Municipalities Need to Know, Municipal Lawyer, January/February 2017, Co-authored with Lawrence Lee
  • Pre-Employment Background Checks: What to Know When Getting to Know Your Future Employees, Colorado Brewers Guild Newsletter, November 2016


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