David Fallon

David Fallon

Senior Associate

(518) 640-1235

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Practice Areas
  • Federal Employment Law
  • Whistleblower Representation
  • Litigation
  • Appellate Law
  • Real Estate Law & Litigation
Practice Locations
  • Albany, NY

David focuses his practice on federal and private sector employment litigation. He also represents businesses in a wide range of matters, from simple non-competes and commercial claims, to complex federal litigation involving multi-million dollar contract disputes.

David has a strong record of success representing his clients in court before federal administrative agencies and on appeal. He understands that no two cases are exactly alike, and he works with his clients to try and achieve the best possible result based on the unique facts of their case. David litigates aggressively on behalf of his clients, while always taking the client’s own tolerance for risk into account in determining the appropriate litigation strategy.

David joined Tully Rinckey PLLC shortly after graduating from Brooklyn Law School, where he was a member of the Brooklyn Journal of Corporate, Financial & Commercial Law. As a law student, David worked as a law clerk for a well-respected employment law firm in New York City.

Representative Matters: David has obtained numerous high value settlements on behalf of his federal and private sector employment clients.  David has also obtained a number of successful outcomes for individuals and businesses in matters ranging from simple landlord-tenant proceedings or contract actions in State Court, to complex federal litigation involving multi-million dollar disputes between business entities.

  • Tierney v. Department of Justice, 717 F.3d 1374 (Fed. Cir. 2013) – The Federal Circuit Court of Appeals reversed the Decision of the Merit Systems Protection Board and clarified the evidentiary standard applicable to USERRA discrimination claims for reservists who were mischarged military leave over non-work days.
  • Gilham v. Dept. of the Air Force, DA-4324-11-0498-I-1 (MSPB, Dec. 3, 2012) – Obtained finding of discrimination and relief for reservist who was the victim of unlawful discrimination based upon his military status in violation of the Uniformed Services Employment and Reemployment Rights Act (USERRA).
  • Dennis R. Russell v. Dept. of the Army, PH-0432-13-0335-I-1 (Dec. 16, 2014) – Merit System Protection Board found that removal was not warranted, and ordered employee reinstated with back pay, benefits and interest.

Court & Bar Admissions

  • New York State Bar Association
  • Northern District of New York
  • Second Circuit Court of Appeals, Federal Circuit Court of Appeals

Education

  • JD: Brooklyn Law School
  • BA: University of Rochester

Accreditations / Awards

  • SuperLaywers Rising Star, Upstate New York (2014 – 2016)

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