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David Nacht

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Practice Areas

  • Employment Law
  • Education Law
  • Civil Rights
  • Business Solutions
  • Non-Compete Law
  • Criminal Law
Rated By Super Lawyers | David A. Nacht | 5 Years
Rated By Super Lawyers | Top 50 | Michigan Consumer | SuperLawyers.com
AV Preeminent | Martindale-Hubbell | Peer Rated for Highest Level of Professional Excellence 2022

Biography

David Nacht is at the peak of his career as a tenacious trial lawyer, strategist and negotiator. Nacht fights for people throughout their career, from student to employee to executive. Nacht is particularly proud of his efforts to expand due process rights for the accused: whether in the workplace, by federal investigators, or by prosecutors. Nacht’s approach is to listen to his client and put his client, and the client’s career and reputation first. The key: strategy and thinking several steps ahead. Fight for Dignity, but don’t let emotions cloud decision-making.

There are few lawyers that regularly practice both criminal and civil law in the federal and state courts. Nacht is one of them, and he uses what he learns in each sphere to improve his practice in the other.

Partner/Shareholder Disputes

A recent victory includes a settlement of over $800,000 for a small company shareholder and inventor for his shares in fourth quarter 2020.
 
On April 6, 2022, David obtained complete dismissal of a lawsuit filed against his clients in a business partner dispute in Washtenaw County Circuit Court. The Court order went beyond dismissing the claims to also granting Nacht's clients the relief Nacht had sought - to obtain an accounting of the business.  

University Proceedings


David Nacht obtained a denial of summary disposition in a disability civil rights act case against the University of Michigan for an employee with Crohn's disease. Nacht won on a hotly contested area of law: the effect of a prior different court's ruling in favor of the employer under a different legal theory. The case will now be set for trial.  
 
In August 2022, David Nacht persuaded a school district to withdraw its petition to expel a student for misconduct and convert it into a short-term suspension.
 
In 2020 and 2021 David achieved dismissal of claims in several university proceedings against numerous professors, staff and students in Title IX, academic misconduct and similar matters. Nacht is recognized as a leader in defending such claims and has done so successfully in Tennessee, Ohio, Massachusetts, and of course Michigan. Nacht’s most recent victory in January 2021 is for a university staff person accused by a peer and by a witness of an inappropriate touching. In 2020, Nacht also won internal proceedings for a professor facing the claims of multiple women alleging sexual misconduct; a physician accused of sex harassment against a coworker; a professor accused of inappropriate activity in the workplace among others.  

In 2020, David successfully represented a globally prominent world-class university researcher against allegations of research misconduct. No publicity or harm occurred to the professor’s career in spite of a yearlong formal proceeding.  This was Nacht’s third victory in a row for a tenured professor accused of academic misconduct.

In June 2020, David made new law for the rights of accused university professors in Carlock v Wayne State University.

Nacht has successfully represented hundreds of students accused of a variety of forms of misconduct against fellow students, against property, and of academic misconduct such as plagiarism or unauthorized collaboration.

Nacht is currently representing a fraternity chapter sued by its national organization for allowing women and LGBT people to join.

Nacht represents many women and minority professors and staff facing discrimination.  

Employment Litigation and Negotiation

In 2022, David Nacht brought a sex harassment lawsuit in Washtenaw County Circuit Court. The employer moved to dismiss the case based on documents they presented including a release and an arbitration clause with a shortened statute of limitations. The Court denied the motion relying on Nacht's arguments that factual questions about whether the documents were signed knowingly and voluntarily precluded an early victory for the employer.  
 
In 2019-2020, David settled numerous employment lawsuits and negotiations totaling millions of dollars for his clients.  A small portion of these cases required filing lawsuits in court.  Most involved quiet negotiations that preserved privacy and reputation for his clients.  Nacht routinely represents executives in health care, software, automotive, energy, manufacturing and finance industries.  He negotiates for bonuses and options as well as severance, healthcare, references, and noncompete terms. Nacht also brings traditional age, race discrimination, disability discrimination and sex harassment lawsuits for employees at all levels in the workforce.  He has numerous cases helping the careers of women of color, and people with chronic health conditions. Nacht has represented several young women in the restaurant industry who have been sexually harassed.
 
Severance Negotiations
 

In 2022, David Nacht negotiated a pre-lawsuit severance settlement of $665K and a pre-lawsuit employment settlement of $300K.

David has negotiated and/or reviewed hundreds of severance agreements over the years. He has a strong understanding and successful track record of helping you understand what you are giving up in exchange for severance benefits and whether the amount of severance offered is fair compensation for what you are owed.

 
Noncompete Agreements and Trade Secrets

In 2021, David won a precedent setting Ohio Court of Appeals case for an entrepreneur sued for violating a noncompete agreement, trade secrets and breach of fiduciary duty. Key Realty v Hall (6th District)

Nacht routinely counsels employees about noncompete agreements and has litigated many noncompete and trade secrets battles successfully.   He has taught seminars to lawyers on the subject in both Michigan and Ohio.

Business Law Transactions

In 2021-2022, David Nacht

-negotiated the purchase of a technology company by executives of the company from the owner consortium.

-negotiated the sale of a fifty percent share of a restaurant amidst contract, tort and criminal allegations against his clients by the coowners;

-On behalf of a landlord, negotiated the removal of a wealthy tenant from a luxury home;

-negotiated the obtaining of unvested shares, stock options, and other long-term incentives for multiple executives in healthcare, medical devices, software, and tier one and tier two automotive suppliers.

 
Physicians/Health Care

In 2020, David successfully represented several physicians and nurses in license proceedings in Michigan and suspension of hospital privileges.  Nacht represents physicians, nurses and other health care providers accused of misconduct or involved in business disputes.  In fourth quarter 2020, Nacht successfully filed and settled a lawsuit by a radiologist against his former partner.  Nacht routinely counsels physicians on contracts and noncompete agreements as well as fraud investigations.

Criminal Defense 
 
In 2022, David and Fabiola Galguera obtained "Not Guilty" on a jury verdict in a felony criminal sexual conduct case in Washtenaw County, Michigan.
 
In 2020, David won the dismissal of a felony for a driver in an unfortunate accident with a pedestrian after a tenacious yearlong battle.  Key to the defense was that Nacht performed his own investigation at the accident scene; interviewing neighboring home dwellers on his cell phone video on the evening he was hired.

In 2020, Nacht obtained a no-jail plea deal after defending a man in Ohio accused of first-degree criminal sexual conduct.  Key to the defense was 1.) Nacht retained a medical expert who proved that the accuser’s account of being unconscious was not medically possible, and 2.) Nacht carefully reviewed the discovery material to recognize that there was an account by the victim that the prosecutor had not turned over.  After obtaining those records, Nacht learned she lied to the investigator that she had been raped.
 
In other criminal work, Nacht is actively defending health care fraud claims against business owners and physicians in federal court in 2020-21.

Nacht also regularly defends criminal cases in federal and state court such as bribery, assault and battery, drug crimes, theft, and more. 

Other Disputes

David Nacht represented a commercial landlord in a dispute with a company that operated a short-term apartment rental service. The tenant company tried to overstay the lease trying to take advantage of pro-tenant eviction laws. Nacht deployed an aggressive strategy of posting notices and threatening to padlock on the grounds that the use of the apartments was not only in violation of the terms of the lease but also a violation of city ordinance. The tenant caved and moved out on time without the need for litigation.  
 
In other regulatory work in 2020-21, Nacht currently represents an investor and consultant in an SEC investigation of a technology company.

Nacht represents principals and superintendents in license matters in Ohio and Michigan and in disputes with school districts.  Nacht represents teachers when facing misconduct allegations.

Nacht routinely litigates property disputes involving contracts, zoning, driveways, and neighbor disputes.

Nacht holds degrees from Harvard and University of Michigan, where he was an editor of the Law Review. He has previously clerked for a federal judge and worked for Sen. John Glenn in Washington DC on Committee staff. Nacht formerly served as chair of the Ann Arbor Transportation Authority where he was instrumental in expanding service but maintaining fiscal stability.  Nacht has served on numerous boards in non-profit organizations and local government.  He continues to represent indigent criminal defendants in federal court and maintains a pro bono practice that includes a Methodist Church and Jewish Family Services, an organization that assists refugees and the elderly.

Nacht is licensed in Michigan, Ohio, and Massachusetts and works with local counsel in cases in other jurisdictions.

Education

  • The University of Michigan Law School, Ann Arbor, Michigan
    • J.D. - 1992
    • Honors: With Honors
  • Harvard College, Cambridge, Massachusetts
    • B.A. - 1987
    • Honors: With Honors

Classes & Seminars

  • Lectured on Strategy for Settling Cases , Professor Richard Friedman, University of Michigan
  • Lectured on Employment Law Issues and Technology, State Bar of Michigan, Intellectual Property Section, September 2016
  • Guest Lecturer, University of Michigan Law School
  • Guest Lecturer, University of Michigan College of Engineering: High Tech Entrepreneurship

Pro-Bono Activities

  • Ozone House
  • Alpha House

Past Positions

  • Miller, Canfield, Paddock and Stone, P.L.C.
  • Retired Federal District Judge, Stewart Newblatt, Eastern District of Michigan, Law Clerk
  • Former U.S. Senator John Glenn, Senate Governmental Affairs Committee, Staff Member

Professional Associations

  • American Bar Association, Health Law Section, Faculty
  • Washtenaw County Bar Association, Employment Law Section, Former Chair
  • Ann Arbor Transportation Authority, Board, 2003 to 2013
  • State Bar of Michigan, Member, Present
  • American Bar Association, Member
  • Federal Bar Association, Member, Present
  • American Association for Justice, Member, Present
  • Michigan Bar Association, Member, Present
  • National Employment Lawyers' Association, Member
  • Michigan Employment Lawyers' Association, Member, Present
  • Ohio Employment Lawyers Association , Member, Present
  • Ohio Association For Justice , Member, Present
  • Ohio State Bar Association , Member, Present
  • Massachusetts Bar Association, Member, 2017 to Present

Current Employment Position

  • Founder and Principal

Bar Admissions

  • U.S. District Court Eastern District of Michigan
  • U.S. District Court Western District of Michigan
  • U.S. Bankruptcy Court Eastern District of Michigan
  • U.S. Bankruptcy Court Western District of Michigan
  • U.S. District Court District of Colorado
  • U.S. District Court Northern District of Ohio
  • U.S. District Court Northern District of Texas
  • U.S. District Court Northern District of Illinois
  • U.S. District Court Northern District of Indiana
  • U.S. Court of Appeals 6th Circuit
  • U.S. Court of Appeals 7th Circuit
  • U.S. Supreme Court
  • Michigan
  • Ohio

Honors

  • Best Criminal Defense Lawyers in Ann Arbor, 2020
  • Michigan Super Lawyers; Employment and Labor, 2011 - 2019
  • U. S. News - Best Lawyers, Best Law Firms, 2015 - 2019
  • AV Rated - Martindale Hubbell
  • Million Dollar Advocate
  • 2015 Top Lawyer's - dbusiness - Detroit's Premier Business Journal, Criminal Defense

Representative Cases

  • Crosby v. Michigan Department of Corrections
  • Key Realty v Hall (6th District)
  • Carlock v Wayne State University