(925) 943-5000 Work
J.D., University of the Pacific, McGeorge School of Law
B.A., University of Notre Dame
David Marchiano is a partner in the Litigation Practice Group. Mr. Marchiano is an experienced litigator who focuses on complex litigation. He represents local, regional, and national employers, as well as sophisticated individuals, in a broad range of employment, business and real-estate disputes in federal and state courts and arbitration. In addition to his litigation practice, Mr. Marchiano provides in-house counsel, business owners, and management with advice regarding employment issues, including wage-and-hour compliance, discipline and termination decisions, leaves of absences, and the interactive process. Mr. Marchiano serves clients in many industries, including horticulture, manufacturing, technology, telecommunications, cannabis, construction, trucking, logistics management, hospitality, and sports.
Experience in litigation matters. Mr. Marchiano has experience litigating many areas of law, including:
Employment litigation and class action practice
Complex employment litigation, including defending employers in class, collective and Private Attorney General Act (PAGA) actions in federal and state courts;
Single-plaintiff wage-and-hour, discrimination, harassment, retaliation, and wrongful termination lawsuits;
Claims arising out of alleged misclassification of workers as exempt employees and/or independent contractors;
Data breach class action lawsuits and privacy claims under the California Consumer Privacy Act (CCPA);
Misappropriation of trade secrets and unfair competition claims;
Litigation between co-owners of corporations, partnerships, and LLCs;
Breach of fiduciary duty claims against officers, directors, and majority shareholders.
Easement disputes and nuisance cases;
Construction defect and delay claims;
Mechanic’s liens and collection matters;
Franchise litigation, including price fixing and antitrust claims; and product liability and negligence cases.
Trusted Employment Counsel and Outside General Counsel
Mr. Marchiano provides in-house counsel, business owners, and management with advice regarding wage-and-hour compliance, employee discipline and termination decisions, leaves of absences, and the interactive process. David also acts as outside general counsel to businesses that do not have in-house counsel.
Mr. Marchiano was selected to the Northern California Super Lawyers Rising Stars list from 2017 to 2021. The Rising Stars list recognizes no more than 2.5 percent of attorneys in each state.
Mr. Marchiano and his family are longtime residents of Contra Costa County. Mr. Marchiano has served on the Contra Costa County Bar Association’s Pro Bono Committee for many years, including several as Chair. He served on the Contra Costa County Bar Association’s Board of Directors from 2015 to 2020. He was a member of the Robert G. McGrath American Inn of Court from 2011 to 2016.
U.S. District Court, All Districts of California
U.S. Bankruptcy Court, Northern District of California
U.S. Court of Appeals, Ninth Circuit
Contra Costa County Bar Association
Rising Star, Northern California Super Lawyers, 2017-2021