McCormack, David C.

David C. McCormack

Jenifer Myse


Attorney Dave McCormack is a partner at Axley with more than 30 years of experience in business law.  His practice focuses on employment law, commercial real estate, contract drafting and negotiation, finance and environmental law.  Attorney McCormack recently served as in house senior counsel for BMO Harris Bank, N.A., where he negotiated and drafted lease and loan documentation for BMO Harris Equipment Finance Company and BMO’s commercial lenders.   Prior to his role with BMO, Dave owned a boutique business practice where he advised businesses in employment law, corporate formation and governance, environmental law, commercial real estate and finance.

Attorney McCormack has litigated and arbitrated business disputes throughout Wisconsin and Illinois.  He has also drafted and enforced employment covenants and lectured on covenants not to compete.  Attorney McCormack served for five years on the Metropolitan Builder’s Association’s Mediation and Arbitration Panel and has represented Wisconsin builders in a wide range of legal issues.  Dave emphasizes practical and achievable solutions to the legal problems confronting businesses.

When not helping clients, Attorney McCormack enjoys anything outdoors and spending time with his family in Milwaukee and Door County, Wisconsin.

Admitted to practice in the State Courts of Wisconsin and Illinois, Federal Courts for the Eastern and Western Districts of Wisconsin and for the Northern and Central Districts of Illinois.


J.D., Loyola University of Chicago
B.S., Loyola University of Chicago

Involvement & Recognition


Member, Metropolitan Builder’s Association’s Construction Mediation and Arbitration Panel

Member, Society for Human Resource Management, Milwaukee Chapter

Member, Wisconsin Landscape Contractors Association

Member, State Bar of Wisconsin

  • Business Law Section
  • Construction & Public Contract Law Section
  • Environmental Law Section
  • Labor & Employment Law Section

Client Successes

Drafted and negotiated multiple commercial leases on behalf of property owners and tenants alike.

Represented retail business in rezoning and relocation of its store as part of shopping district redevelopment.

Successfully represented the purchaser of an environmentally impaired urban manufacturing facility for conversion to a corporate headquarters.

Successfully represented Seller in sale of environmentally impaired, former peat mining operation to real estate developer.

Represented businesses in environmental remediation projects in Wisconsin and Illinois.

Defended businesses in numerous cost recovery actions in the state and federal courts of Illinois and Wisconsin.

McCormack, David C.

Successfully prosecuted a CERCLA private cost recovery action on behalf of a national telecommunications company in the United States District Court for the Northern District of Illinois, Western Division.

Advised lenders, developers and property owners regarding brownfields, wetlands and issues pertaining to environmentally impaired property in real estate transactions.

McCormack, David C.

Advised lenders with regard to financing of environmentally impaired real estate.

Negotiated and documented hundreds of multi-million dollar equipment lease finance transactions on behalf of a national equipment finance company.

Drafted master lease of personal property, master loan and security agreement and all ancillary documentation for the document template system of a national equipment finance company.

Represented national equipment finance company in the sale of a $1.4B lease portfolio sale including air and rail assets and established documentation and procedures for post-closing servicing of portfolio.

Drafted employment handbooks, counseled, and advised numerous Wisconsin Businesses regarding employment claims and best practices.

Successfully represented executives in claims for breach of covenants not to compete by former employers.

Successfully defended businesses in claims for violation of wage and hours laws.

McCormack, David C.
Labor & Employment, Wage & Hour

Obtained summary judgment in favor of a manufacturer in a disability discrimination lawsuit in the United States District Court for the Eastern District of Wisconsin.

Drafted and then successfully enforced a non-compete agreement on behalf of a financial planning firm.


Other Presentations & Publications
Presentation: "Enforceability of Restrictive Covenants in Employment," Waukesha County Bar Association, Annual Litigation Seminar, March 2019