David I. Spector

Healthcare and Personal Injury Fraud

• Representation of a national insurance company in an affirmative federal fraud case. Obtained summary judgment in favor of the Plaintiff and established law that provides a clinic license obtained by fraud in void ab initio.
• Representation of a national insurance company in establishing that liability is joint and several among all defendants that participate in a scheme to defraud an insurer.
• Representation of a national insurance company in the first attempt by the insurance industry to sue a medical legal referral service. This case established the right of an insurer to reclaim funds paid when the provider violated Florida's self-referral laws.
• Representation of property and casualty insurer in action to recover insurance benefits which were paid to health care providers and clinic for services which were allegedly unlawful as the clinic was not properly licensed.
• Prosecuted RICO, fraud, and deceptive trade practice claims, including action on behalf of insurance carriers seeking in excess of $35 million in damages against physicians, surgery centers, and medical practice managers relating to certain spinal procedures performed on personal injury claimants.

Complex Litigation

• Representation of bio tech company in defense of breach of contract, trade secret, and conversion claims resulting from joint venture to promote new pharmaceutical products in which plaintiffs sought $82 million in economic damages.
• Representation of a 50% managing member in claims involving breach of fiduciary duty, defamation, and breach of Florida's LLC Act arising from restructuring of international aviation company.
• Representation of publicly traded commercial landowner involving alleged violations of FCC regulations and tortious interference.
• Representation of client in defense of action brought by minority interest holder in challenge for corporate control of entity and intellectual property rights to FDA cleared medical device.
• Representation of client in defense of federal court litigation commenced against Board of Directors of New York-based international law firm involving claims of breach of fiduciary duty partnership dispute asserted by former equity partners (New York and Florida law).
• Representation of publicly traded software company in litigation involving breach of contract, fraud, and request for receiver brought by former joint venture partner.
• Representation of client in multi-case litigation involving claims of alleged fraudulent transfers in connection with investments made in residential development entity and fraud claims brought against opposing 50% member in LLC.
• Representation of publicly traded international office supply retailer in defense of claims of consumer fraud and unfair and deceptive trade practices relating to pricing mechanisms.

Professional Liability Defense

• Representation of Chicago-based international law firm in a bench trial in defense of legal malpractice, breach of fiduciary duty, and fraud claims arising out of a oil and gas venture representation in which damages were claimed to be $1.15 billion (Florida, New York, and Texas law).
• Representation of intellectual property attorney in a jury trial in defense of legal malpractice claims arising out of multiple patent application and prosecution proceedings in which damages were claimed to exceed $80 million (Maryland, Utah, Virginia, and Federal Patent law).
• Representation of Chicago-based international law firm in claims of breach of fiduciary duty and legal malpractice arising from trust and estate representation resulting in a denial of claim for punitive damages (New York and Florida law).
• Representation of Ohio-based national law firm in defense of alleged malpractice in which plaintiff claimed damages to be approximately $40 million.
• Representation of admiralty and maritime law firm in defense of alleged malpractice related to multiple engagements for owner of 120 foot luxury yacht in connection with litigation commenced relating to liability of the vessel owner.
• Representation of international design/build engineering firm in claims involving professional negligence in connection with design of Sawgrass Expressway Re-Design project.
• Representation of design/build engineering firm in claims involving professional negligence in connection with construction design of Martin County bridge project.

Employment Litigation

• Representation of international pharmaceutical company in defense of whistleblower action arising out of marketing and sales practices relating to Oxycontin©. The case was tried to verdict in a multi-week federal jury trial.
• Representation of international publicly traded home improvement retailer in defense of multiple employment suits including claims for sexual harassment, race discrimination, disability discrimination, and retaliation.
• Representation of large statewide insurance agency in multiple actions to enforce non-compete agreements and protect the client's trade secrets.
• Representation of international entertainment and retail corporation in the defense series or discrimination charges and prosecution by the Civil Rights Division of a large municipality.
• Representation of international entertainment and retail corporation in California wage and hour class action involving application of various exemptions under both California and Federal law.