David Marchiano

(925) 943-5000 Work


J.D., University of the Pacific, McGeorge School of Law


B.A., University of Notre Dame

David Marchiano brings 10 years of legal expertise to help his clients grow and protect their businesses.  He is an experienced litigator and is committed to obtaining the best result for his clients in a cost-effective manner.  David also provides legal advice to businesses on many employment issues.  Super Lawyers has selected David as a "Rising Star" each year from 2017-2020.

Litigation Excellence


David represents clients in employment, business, construction, and real estate litigation.  David has experience representing all sizes of businesses from local small businesses to national publicly traded companies.  His clients have come from industries such as construction, health care, financial services, energy, and transportation businesses.  David has experience in all phases of litigation, including trial and appeal. He understands that some disputes should be settled before litigation but is prepared to try cases when they cannot be resolved on reasonable terms.


Trusted Employment Counsel and Outside General Counsel


David defends his clients against a broad range of employment claims, including cases involving wage and hour claims, employee misclassification and independent contractor status, compliance with disability and medical leave laws, discrimination, retaliation, and harassment claims, wrongful termination, and contract claims.  David has experience defending both individual claims and class/collective actions.


In addition to his litigation practice, David provides advice to his clients on employment issues, including compliance with family and medical leave laws and reasonable accommodation.     


David also acts as outside general counsel to businesses that do not have in-house counsel.




David currently serves on the Contra Costa County Bar Association Board of Directors.  He and his family are longtime residents of Contra Costa County. David, along with his father and sister, were recently profiled in “All in the Family – The Marchianos,” published by Contra Costa Lawyer.


Influential Experience in Government, Insurance and Business


While in law school, David was a member of the Moot Court Competition team and a participant in the ABA’s prestigious National Appellate Advocacy Competition. He also interned in the Office of Legal Affairs for Governor Arnold Schwarzenegger.


Before law school, David worked at a large commercial insurance brokerage as a licensed property and casualty broker, and worked on marketing alternative risk sharing programs to franchisees. As an undergrad, he worked as a Product Management Intern at LeapFrog Enterprises, Inc.


  • California

  • U.S. District Court, All Districts of California

  • U.S. Bankruptcy Court, Northern District of California

  • U.S. Court of Appeals, Ninth Circuit



  • "New Parent Leave Act extends CFRA’s protections to smaller employers (20 or more employees) so more employees may take parental leave to bond with their newborns," Word on the Street Employment Blog, November 17, 2017

  • "Joint Employer Beware: Are You Covered Under FMLA/CFRA?" Word on the Street Employment Blog, July 28, 2017

  • Collateral Damage,” California Appellate Law Blog, August 23, 2012

  • The Carrot and Stick,” California Appellate Law Blog, February 13, 2012


Contra Costa County Bar Association, Board of Directors, 2015-present


Rising Star, Northern California Super Lawyers, 2017-2020​

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Brown, Gee & Wenger LLP | A Fresh Approach to Legal Services

A Fresh Approach to Legal Services

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