Position: President

TEL: 915-542-1900

FAX: 915-242-0000

Email: Click Here

Website: www.kernlawfirm.com

Admitted: District of Columbia and Texas, 1984

Law School: University of Texas at Austin, 1983, Texas Law Review

College: University of Texas, El Paso, 1979, with honors

Birth Date and Place: November 29, 1949; El Paso, Texas

Practice Areas: Labor and Employment Law: Wage and Hour Violations, Discrimination, Harassment, Termination, Whistleblower cases, Severance Negotiations, Collective Bargaining Negotiations Personal Injury: Wrongful death and serious injury cases only; Civil Litigation

Additional Information: David L. Kern graduated from the University of Texas at El Paso with honors in 1979 and subsequently received his J.D. degree from the University of Texas, School of Law (�U.T.) in Austin, Texas in 1983. While at U.T., he served as a Note Editor on the Texas Law Review and published a Law Review Note concerning the indigent defendant�s right to appointed counsel in civil proceedings. Mr. Kern is licensed to practice law in Texas and D.C. and is Board Certified in Labor and Employment Law by the Texas Board of Legal Specialization. He is admitted in numerous courts including: the United States District Courts for the Western and Northern Districts of Texas, the U.S. Court of Federal Claims, and the United States Courts of Appeals for the Fourth, Fifth and Federal Circuits. Mr. Kern�s law practice is concentrated in labor and employment law matters including wage/hour, Title VII, ADEA, ADA, sexual harassment, workplace safety, retaliation, and whistleblower cases. He works actively with numerous unions including AFSCME, the El Paso Municipal Police Officer�s Association, the Texas State Teacher�s Association and the Federation of Teachers. For the last decade, he has conducted a nation-wide practice in the representation of large groups of employees in wage and hour class action lawsuits. He has represented thousands of employees in wage and hour class actions and has served, or currently is serving, as lead counsel and/or co-counsel in numerous multi-employee collective wage and hour matters, including lawsuits in Corpus Christi, El Paso, Lufkin, and San Antonio, Texas; Las Cruces, New Mexico; Cook County, Illinois; Washington, D.C.; and Kansas City, Kansas. Federal Judge John Darrah of the Northern District of Illinois approved a multi-million dollar settlement of the Cook County litigation in April 2003. More recently, Mr. Kern successfully represented a nationwide group of federal employees in a two-week trial in the United States Court of Federal Claims. Federal Judge Emily Hewitt entered Judgment in that matter in October 2005 on behalf of a group of six representative trial plaintiffs. The projected class recovery from that Judgment exceeds $4 million inclusive of liquidated damages and attorneys� fees. Mr. Kern is a frequent author and speaker on labor and employment law topics and has spoken at numerous local, regional, and national seminars and internationally at seminars in both Canada and Mexico. In October 2006, Mr. Kern spoke at the Texas State Bar, Labor and Employment Law Section�s, Annual Update and Skills Seminar in Santa Fe, New Mexico. In February 2006, Mr. Kern spoke at the 14th Annual Advanced Employment Law Conference in Austin, Texas. In May 2005, Mr. Kern spoke on Litigating Wage and Hour Collective Actions at the 12th Annual Labor and Employment Law Conference sponsored by the University of Texas, School of Law in Austin, Texas. He also has served as an Adjunct Professor of Labor and Employment law for the Business School at the University of Texas at El Paso (2003 - 2006) and has been recognized in Who�s Who Among American Teachers. He also has served as a repeat guest speaker on the local El Paso television program �Legally Speaking� to discuss labor and employment law issues. Mr. Kern is a co-author of Chapter 2, Opposing Discriminatory Discharges, in the Employee and Union Member Guide to Labor Law, published by Clark Boardman Callaghan. Since 1990, Mr. Kern has been an active member of the National Employment Lawyer�s Association (NELA). He presently serves as an officer on the National Board of NELA and is National Co-Chair of NELA�s Affiliate Relations Committee (which helps to coordinate the activities of 65 NELA chapters with over 3500 NELA members throughout the United States). He has also served as National Co-Chair of NELA�s Convention Committee (which plans NELA�s annual multi-day educational and organizational Convention). He also presently serves on the Board of Directors for the Texas Employment Lawyer�s Association (TELA) and as NELA/TELA Liaison to the West Texas Employment Lawyer�s Association (WTELA). He served as Chair of WTELA from 1996 to 1999 and as Chair of the Dallas-Fort Worth Chapter of NELA (DFW-NELA) in 1993-94. Mr. Kern also is a member of the American Bar Association (Labor & Employment Section), Texas Bar Association, El Paso Bar Association, Association of Trial Lawyers of America and El Paso Trial Lawyers Association. Mr. Kern�s fellow lawyers have recognized him as one of The Best Lawyer�s In America (2005, 2006 and 2007 Editions) and as a Texas Super Lawyer (2006). Mr. Kern served as President of the Board of STARS (El Paso�s Rape Crisis Center) for two years (January 1998 to January 2000) and as President of the Board of the El Paso Tennis Club in 2001. He presently serves as a Vice President on the Board of Trustees (January 2003 � present) and Executive Committee (January 2004 � present) of Temple Mount Sinai, a reform Jewish congregation in El Paso, Texas. He served as Chair of the Social Action Committee of the Temple (January 2003 � January 2005) and now serves as Chair of the Education Committee (January 2005 to present). Mr. Kern also has served as Co-Chair (2003 � 2006) of Border Interfaith, a community alliance of churches, synagogues and other community organizations dedicated to working together to bring about positive social, political and economic change in El Paso. Last updated: 10-10-06