David E. Rohrer

David E. Rohrer, a partner with the firm since 1986, is a 1977 graduate of the University of Wisconsin Law School, where he was Articles Editor of the Wisconsin Law Review. He earned a B.A. magna cum laude from Carroll College (now Carroll University) in 1971 and an M.A. from the University of Wisconsin – Madison in 1979.
Since joining Lathrop & Clark LLP in 1984, David has practiced primarily in the areas of labor and employment law, school law, insurance defense, and appellate litigation. He is chair of the firm’s Litigation Team and serves as the firm's Ethics Partner.
Prior to joining Lathrop & Clark, David was in private practice with a central Wisconsin law firm and then was on the legal staff of the Wisconsin Labor and Industry Review Commission (LIRC) for four years advising the Commission on employment discrimination cases. He has been a frequent author of “Legal Notes,” which is distributed quarterly by the Wisconsin Association of School Boards and the monthly “Legal Comment” published in Wisconsin School News. From 1985 to 2002 he co-authored the chapter on school law for the State Bar’s Annual Survey of Wisconsin Law. He has also spoken to numerous groups on topics ranging from public sector employee speech rights and employment discrimination to student discipline.
He has extensive experience appearing before the Wisconsin Equal Rights Division and in state and federal courts on behalf of public- and private- sector clients. Following is a sampling of court cases in which he has appeared on behalf of school districts as either lead counsel or co-counsel at trial or on appeal:

• Kuemmerlein v. Board of Education of the Madison Metropolitan School District, 894 F. 2d 257 (7th Cir. 1990) (race discrimination in employment)
• Freeman v. Madison Metropolitan School District, 231 F.2d 374 (7th Cir. 2000) (race discrimination in employment)
• School District of Wisconsin Dells v. Z.S., 295 F.3d 671 (7th Cir 2002) (IDEA proceeding)
• B.E.V., et al. v. Madison Metropolitan School District, et al. Dane County Circuit Court Case No. 03-CV-2354 (sexual assault negligent supervision)
• Gupta v. Madison Metropolitan School District, No. 03-2311, (U.S. Ct. App., 7th Cir.) 120 Fed. Appx. 641, 2005 U.S. App. LEXIS 0139 (national origin discrimination in employment)
• Harper v. Madison Metropolitan School District, No. 03-2311, (U.S. Ct. App. 7th Cir. 2004), 110 Fed. Appx. 684; 2004 U.S. App. LEXIS 18122 (race discrimination)
• Madison Metropolitan School District v. Burmaster, 2006 WI App. 17, 288 Wis. 2d 771 (Ct. App. 2005) (student expulsion)
• Sheskey v. Madison Metropolitan School District, 2007 U.S. Dist. LEXIS 71790 (age discrimination in public accommodations)
• Evans v. Stoughton Area School District, 2007 U.S. Dist. LEXIS 61039 (W.D. Wis. 2007) (disability discrimination in employment)
• N.N. et. al. v. Madison Metropolitan School District, 670 F. Supp. 2d 927; 2009 U.S. Dist. LEXIS 109589 (race discrimination under state open enrollment law – class action)

In addition, he appeared as plaintiff’s counsel in the following reported cases:

• Graham v. Sauk Prairie Police Commission, 915 F.2d 1085 (7th Cir. 1990) (excessive use of force by police)
• Walker v. Board of Regents of the University of Wisconsin System et al., 410 F. 3d 387, 2005 U.S. App. LEXIS 10716 (race discrimination in employment)

He also appeared as lead counsel for the landlord in the following case:

• County of Dane v. Norman, 174 Wis. 2d 683 (1993) (housing discrimination based on gender)

David is admitted to practice in the Wisconsin Supreme Court, the U.S. Court of Appeals for the Seventh Circuit, and the U.S. District Court for the Eastern and Western Districts of Wisconsin. He is a member of the American, Wisconsin, and Dane County Bar Associations. He is also a member of the Defense Research Institute, Wisconsin Defense Counsel, and the Wisconsin School Attorneys Association (Board of Directors, 2005-2009).
David has long held an AV® rating by Martindale-Hubbell, its highest level of legal expertise and professional reputation, as rated by his professional peers. He was recently named as one of Madison’s Top Lawyers in the areas of labor and employment law, civil rights law, and appellate litigation in Madison Magazine’s survey of Dane County lawyers published in the January 2009 issue.  He is included in Best's Directories of Recommended Insurance Attorneys and Adjusters.
In 2009, he was named a Fellow of the Litigation Counsel of America, www.litcounsel.org, an honorary trial lawyer society composed of less than one-half of one percent of American lawyers. Fellows are selected based on effectiveness and accomplishment in litigation, both at the trial and appellate levels, and superior ethical reputation.
He was also selected by his peers for inclusion in the 2012 edition of The Best Lawyers in America® in the practice area of Litigation-Labor and Employment.

*AV® is registered certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies. Martindale-Hubbell is the facilitator of a peer review rating process. Ratings reflect the confidential opinions of members of the Bar and the Judiciary. Martindale-Hubbell Ratings fall into two categories - legal ability and general ethical standards.

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