David M. DeMaio

David M. DeMaio

Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

Recognized since 2006

Miami, Florida

Practice Areas

Employment Law - Management

Labor Law - Management

Navigate to map location for David M. DeMaio Call David M. DeMaio at 305-374-0506
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David Michael DeMaio is the Managing Shareholder of the Miami Office of Ogletree, Deakins, Nash, Smoak & Stewart, P.C., one of the nation’s largest labor and employment law firms. He represents management in all aspects of labor and employment law and litigation. Prior to joining Ogletree Deakins, Mr. DeMaio had been a founding member of Whelan, DeMaio & Kiszkiel, P.A. He originally came to South Florida in the 1980s as an Assistant United States Attorney in Miami, where he investigated and prosecuted complex criminal cases involving narcotics trafficking, counterfeiting, money laundering, robbery, domestic terrorism, and racketeering. After entering private practice, Mr. DeMaio represented corporate clients in a wide array of civil litigation matters including antitrust, unfair trade, securities, and employment-law cases. He has, since 1992, concentrated his practice on labor and employment law, first with the Miami office of Morgan, Lewis & Bockius, LLP, then with Whelan, DeMaio & Kiszkiel, and now with Ogletree Deakins. Mr. DeMaio is included in the prestigious publication, The Best Lawyers in America, and has been named one of Florida’s "Legal Elite" by Florida Trend magazine, "Best of the Bar" by the South Florida Business Journal and "Top Lawyer in South Florida" by the South Florida Legal Guide. He is also listed as a Florida Super Lawyer and has been added to the list of Best of the U.S. for Attorneys. Mr. DeMaio graduated magna cum laude from Boston University. After serving several years as a senior aide to Thomas Kean, Governor of New Jersey, Mr. DeMaio received his law degree, with honors, from The George Washington University Law School, where he was a member of the George Washington Law Review. After law school, Mr. DeMaio served as a judicial clerk to Justice Daniel O’Hern of the Supreme Court of New Jersey, and then joined the U.S. Attorney’s Office in Miami. He has extensive jury-trial experience, was an adjunct instructor of law at the University of Miami’s School of Law, and is a frequent speaker at seminars and roundtables regarding labor, employment, and civil-rights law and litigation. Mr. DeMaio is a member of bars of Florida and New Jersey. He is admitted to practice before the United States District Courts throughout Florida and New Jersey, and the United States Court of Appeals for the Eleventh Circuit. He is also a member of the American and Federal Bar Associations, and their respective sections on Labor and Employment law.

Contact & Links
  • 9130 South Dadeland Boulevard, Suite 1625
    Two Datran Center
    Miami, FL 33156
  • George Washington University, graduated 1985
  • Boston University, graduated 1980
Bar Admissions
  • Florida, The Florida Bar
  • New Jersey, New Jersey State Bar Association
  • American Bar Association - Member
  • Federal Bar Association - Member
  • George Washington Law Review - Member
  • Greater Miami Chamber of Commerce - Member, 1997-2001; Trustee Member, 2002-present
State Clerkships
  • New Jersey - Supreme Court

Recognized in The Best Lawyers in America® 2024 for work in:
  • Employment Law - Management
  • Labor Law - Management
Special Focus:
  • Civil Rights
  • Class Actions
  • Covenants Not to Compete
  • Defense
  • Discrimination
  • Harassment
  • Litigation
  • Management
  • State and Federal
  • Title VII Litigation
  • Wage-Hour Law
  • South Florida's Top Rated Lawyers (2012)
  • South Florida Legal Guide -- Top Lawyers in South Florida (2011)
  • America's Most Honored Professionals
  • Florida Super Lawyers (2013)

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