Atty. David M. DeMaio
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.
Profile Summary
About David M. DeMaio at a glance
David M. DeMaio is a employment attorney based in Miami, Florida, practicing at Ogletree, Deakins, Nash, Smoak & Stewart PC. Admitted to practice in Florida, The Florida Bar and New Jersey, New Jersey State Bar Association. Educated at George Washington University (—, 1985) and The George Washington University (J.D., 1985). Recognitions include Best Lawyers in America — Employment Law - Management (2026), Best Lawyers in America — Labor Law - Management (2026), and Best Lawyers in America — Special Focus: (2026). Serands clients in Miami, FL and the surrounding metropolitan area.
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About
- 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
Practice Areas Explained
David M. DeMaio's Areas of Practice
Each practice area below reflects the types of cases David M. DeMaio handles, with a brief overview of what that area of law covers.
Employment lawyers represent workers in wrongful termination, discrimination, harassment, wage & hour disputes, and severance negotiations.
David M. DeMaio is one of 169,120 employment attorneys indexed nationally. Browse employment attorneys in Florida →
Jurisdictional Context
Why local counsel matters in Florida
Practicing law in Florida. Legal matters in Florida are governed by state-specific rules of civil and criminal procedure, statutes of limitations, and substantive law. Cases originating in Miami are typically filed in the local municipal court or the appropriate Florida state district court, depending on subject matter and amount in controversy. An attorney licensed in Florida brings working knowledge of local procedural deadlines, judicial practices in this andnue, and the substantive law that applies to cases brought here. Out-of-state attorneys generally cannot represent clients in Florida courts without local counsel or pro hac vice admission.
Looking for additional Florida attorneys? Browse all attorneys in Miami or all attorneys in Florida.
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