David advises independent schools nationwide and internationally on all aspects of risk prevention and crisis response, with a focus on promoting healthy relationships through the management and oversight of a healthy school culture. He is a pioneer in applying behavioral risk management concepts, including training on healthy teacher - student boundaries and the establishment of standards of conduct, to promote safe school cultures. He believes that risk management practices should reinforce, not interfere with, good teaching and an environment conducive to learning. His interactive trainings are recognized for their practical, non-legalistic approach. He offers teachers, staff, administrators and board members a behavioral compass to help guide them in their efforts to promote healthy and safe childhood development and to recognize and address early signs of concerning behavior by members of the school community that may lead to harmful misconduct. David often serves as a consultant to schools and organizations experiencing critical incidents relating to misconduct which has harmed students, including coordination and oversight of third-party investigations. He advises administrators and boards on how to respond to complaints of misconduct responsibly, giving consideration to transparency, accountability, and equity. David and his team also conduct child safeguarding audits to help schools and their boards determine whether a school is meeting current standards of care for child protection and to recommend improvements.
David regularly presents to national organizations, including the National Association of Independent Schools (NAIS), the Association of Boarding Schools (TABS), and the National Business Officers Association (NBOA). He has presented to international organizations, including the European Council of Independent Schools (ECIS) and the East Asia Regional Council of Overseas Schools (EARCOS). In 2018, David gave over 30 presentations and trainings in 10 states and advised international schools in Japan, Taiwan, Jordan, Italy, Spain, France and Liberia. He is the author of numerous articles relating to creating a safe school culture and is known for his practical approach to complex issues.
David has significant trial experience in federal and state trial and appellate courts in New Hampshire and Massachusetts. David was an invited guest faculty member of the Trial Advocacy Workshop at Harvard Law School for 29 years. He has been qualified as an expert witness and testified on the adequacy of independent school policies and procedures relating to the protection of students from harassment, hazing, bullying, sexual assault and related misconduct.
David received his J.D. from the University of Michigan (1975), M.A. from Harvard University (1971) and his A.B. from Washington University (1968).
Representative List of Schools at which David has Presented:
•Concord Academy, Concord, NH
•Salisbury School, Salisbury, CT
•Hotchkiss School, Lakeville, CT
•St. Andrew’s School, Middletown, DE
•Episcopal High School, Alexandria, VA
•Trinity-Pawling School, Pawling, NY
•Dublin School, Dublin, NH
•Fountain Valley School, Colorado Springs, CO
•Colorado Academy, Denver, CO
•Cheshire Academy, Cheshire, CT
•The Bishop’s School, La Jolla, CA
•School Year Abroad, North Andover, MA
•St. George’s School, Middletown, RI
•St. Andrew’s School, Boca Raton, FL
•Keene State College, Keene, NH
•Phillips Academy, Andover, MA
•Northfield Mount Hermon School, Gill, MA
•Stevenson School, Pebble Beach, CA
•Phillips Exeter Academy, Exeter, NH
•St. Paul’s School, Concord, NH
•University System of New Hampshire, Manchester, NH
•Eaglebrook School, Deerfield, MA
•Ms. Porters School, Farmington, CT
•Northfield Mount Herman School, Mount Herman, MA
•Isadore Newman School, New Orleans, LA
•Heifetz International Music Institute, Staunton, VA
•Choate Rosemary Hall, Wallingford, CT
•Singapore American School, Singapore
•International School of Kuala Lumpur, Kuala Lumpur, Malaysia
•Taipei American School, Taipei, Taiwan
•Lyford Cay International School, Nassau, Bahama
•Berwick Academy, South Berwick, ME
•Latham Centers, Brewster, MA
•Eaglebrook School, Deerfield, MA
•Marin Academy, San Rafael, CA
•Noble and Greenough School, Dedham, MA
•Brewster Academy, Wolfeboro, NH
•Marin Academy, San Rafael, CA
•Heronfield Academy, Hampton Falls, NH
•Maret School, Washington, DC
•Deerfield Academy, Deerfield, MA
Recognition
•Best Lawyers of America 2020 (Commercial Litigation, Education Law, Employment Law - Management, First Amendment Law, Litigation - Labor and Employment, Litigation - Trusts and Estates)
•2018 Lawyer of the Year (Litigation - Labor and Employment) by Best Lawyers in America
•Guest faculty, Harvard Law School, Trial Advocacy Workshop, since 1984
•Chambers USA: A Guide to America's Leading Lawyers (Litigation)
•New England Super Lawyers
•AV Preeminent Peer Review Rated, Martindale-Hubbell
•fellow, New Hampshire Bar Foundation
•Testifying expert on standard of care for boarding school policies and procedures relating to preventing sexual harassment of students by faculty: BT v Peddie School, Monmouth County, New Jersey, 2010.
Additional Media
Woburn Litigator Also Makes His Mark As Landscape Artist (Massachusetts Lawyers Weekly, 1/2/2020)
Articles & Presentations
•The Importance Of Understanding And Fulfilling The Duty Of Reasonable Care When Reopening School
•Independent Schools Must Be Prepared To Respond Strategically To The Current Economic Crisis
•The Crisis Has Come. Is Your Board On Board?
•Maintaining Role and Boundary Awareness When Teaching Remotely In A Time Of Crisis: Being Alert To The Challenges Of One-On-One Electronic Communications
•Five Areas of Technological Risk in Independent Schools