David C. Potter

David C. Potter


Fort Myers, FL

David C. Potter has experience in general business and commercial litigation. His practice includes representation of businesses, individuals and government entities in all aspects of civil disputes in state and federal courts. In addition, Dave represents management clients in all aspects of employment issues in federal and state courts and before administrative agencies. He also regularly advises clients on day-to-day employment matters under state, federal and local laws. This includes restrictive covenant litigation, employment discrimination claims, breach of contract actions and business torts.

Prior to joining the firm in 2007, Dave completed a two-year federal trial court clerkship, a one-year state appellate court clerkship and practiced for five years in the Boston office of a leading global law firm. He also taught the first-year legal research and writing class at Boston University School of Law. Dave is a frequent lecturer on employment law topics.

Dave has garnered an AV® Preeminent distinction, the highest available mark for professional excellence from Martindale-Hubbell's Peer Review Ratings.

Some of his recent representative matters include:

  • Defended home health company in restrictive covenant case
  • Defended municipality against constitutional challenges to ordinance
  • Defended major performance coatings manufacturer in age discrimination case
  • Represented direct marketing company in restrictive covenant cases
  • Defended international IT company in restrictive covenant case
  • Represented school district in constitutional challenge related to hockey program
  • Represented non-profit organization dedicated to education regarding autism and related disorders in wage claim
  • Represented major health care organizations in numerous labor arbitrations related to collective bargaining agreements Assisted in the representation of candidate for governor of Massachusetts before the State Ballot Law Commission with respect to objections to his eligibility to appear on the ballot

Dave's significant reported decisions include:

  • The Indigo Room, Inc. v. City of Fort Myers, 710 F. 3d 1294 (11th Cir. 2013)
  • Livick v. The Gillette Co., 492 F. Supp. 2d 1 (D. Mass. 2007), affirmed 524 F.3d 24 (1st Cir. 2008)
  • Mariasch v. The Gillette Co., 2007 WL 518830 (D. Mass. 2007), affirmed 521 F.3d 68 (1st Cir. 2008)
  • Massachusetts Nurses Ass’n v. North Adams Regional Hospital, 396 F. Supp. 2d 30 (D. Mass. 2005), affirmed 467 F.3d 27 (1st Cir. 2006)