David Stein, Esq.
David Stein is a seasoned litigation attorney, representing both employers and employees in lawsuits involving claims for overtime and minimum wage violations and providing “soup-to-nuts” intellectual property counseling for small to midsize companies. He is a cum laude graduate of Brandeis University, where he concentrated in American studies, of George Mason University School of Law, where he was an Associate Justice on the Moot Court Board, and of the Benjamin N. Cardozo School of Law, where he obtained an advanced law degree (LL.M.) in intellectual property with a concentration in the law of trademarks and copyrights. While receiving his LL.M. degree, David was competitively selected for the prestigious Intellectual Property Externship Program in Trademark Law by the Colgate-Palmolive Company in New York City. Mr. Stein is a past member of the Committee on Trademarks and Unfair Competition of the Association of the Bar of the City of New York.
Mr. Stein began his legal career as an associate at the Philadelphia firm of Shrager, McDaid, Loftus, Flum & Spivey, one of the top litigation firms in Pennsylvania, principally representing claimants in massive multidistrict litigation in Pennsylvania, New York, and Florida. While at Shrager, McDaid, David authored the winning brief before the Third Circuit Court of Appeals in a products liability case involving the Amerada Hess Corporation, and his paper, “Standard of Care to Which Blood Banks are Held,” was presented at the Association of Trial Lawyers of America AIDS Litigation Group annual meeting in 1993. Mr. Stein later founded his own law firm where he litigated scores of criminal cases ranging from misdemeanors to death-eligible felonies. David later was a partner at the Coleman Law Firm, P.C., where he represented clients in leading-edge trademark and copyright litigation in the federal courts and in the Trademark Trial and Appeal Board (TTAB) as well as in domain name disputes before Internet Corporation for Assigned Names and Numbers (ICANN) tribunals.
At SAMUEL & STEIN, Mr. Stein maintains a vibrant wage-and-hour practice focusing on class actions under the Fair Labor Standards Act (“FLSA”) and state labor laws. He currently represents plaintiffs and defendants in pending class actions in the federal district courts of New York and New Jersey. David’s labor cases involve allegations ranging from (1) failure to pay wages earned, (2) failure to pay overtime compensation to employees who work more than 40 hours per week, (3) failure to give a premium (“spread of hours”) to employees who work more than 10 hours in a given day, (4) failure to provide a salary in excess of the minimum wage, and (5) retaliation against employees who have complained to their employers about not receiving overtime pay or the minimum wage. Mr. Stein also provides thorough advice to employers to enable them to come into and remain in compliance with wage-and-hour laws to avoid the threat of litigation. Mr. Stein also has drafted non-solicitation and non-competition agreements and executive employment contracts.
Mr. Stein additionally provides sage counsel to companies and individuals in a wide array of intellectual property matters. Among other things, David presently is engaged in prosecuting trademarks, responding to Office Actions from the United States Patent and Trademark Office, and litigating intellectual property disputes in the federal courts and in front of the Trademark Trial and Appeal Board. David has extensive trial and negotiation experience and has served as a resource to other attorneys in providing anti-counterfeiting enforcement advice.
Mr. Stein is admitted to practice in the Southern and Eastern Districts of New York, the District of New Jersey, the Eastern District of Pennsylvania, and in the state courts of New York, New Jersey, Pennsylvania, the District of Columbia, and Illinois.