Commercial Litigation Litigation - Intellectual Property
James M. "Jim" McCann
Recognized in Best Lawyers since 2010 Awarded Practice Areas
Biography
Jim McCann has devoted his career to helping clients resolve individual and business disputes. Board Certified by The Florida Bar in Business Litigation, he is recognized for his experience in bench and jury trials, appeals, and dispute resolution across a wide variety of cases for clients in the financial services, healthcare, automotive, insurance, agriculture, real estate, and professional services sectors.
Jim litigates in state and federal courts, and utilizes alternative dispute resolution forums and techniques. His litigation experience includes appellate, class action, construction, financial services, healthcare, intellectual property, products and professional liability and personal injury, real estate, including foreclosures and tax assessment challenges, securities, corporate and partnership disputes, and trust and estates.
His practice began in Miami and moved to Palm Beach County in 1990, when Akerman tapped him to lead the opening of a new office. He has served as chair of Akerman’s Litigation Practice Group, and is recognized by The Best Lawyers in America for Commercial Litigation. He frequently teaches and lectures on trial tactics, ethics, and substantive law topics for bar associations and civic groups.
Overview
West Palm Beach, Florida
- English
- University of Illinois at Urbana–Champaign, J.D., graduated 1974
- Illinois, Illinois State Bar
- Florida, The Florida Bar
- Akerman Litigation Department, Steering Committee - Past Chair
- American Bar Association - Member
- Business Development Board, Palm Beach County, Florida - Member
- Defense Research Institute, Business Litigation Committee - Member
- Fifteenth Circuit Judicial Nominating Commission - Member
- Florida Bar Association, Member; Business Litigation Certification Committee - Member
- Illinois Bar Association - Member
- Palm Beach County Bar Association, Member; Circuit Civil Committee, Past Chair; Professionalism Committee, Member; Alternative Dispute Committee - Member
- Sorin Society, University of Notre Dame, South Bend, Indiana - Member
- U.S. Supreme Court
- U.S. District Court, Southern District of Florida
- U.S. District Court, Northern District of Florida
- U.S. District Court, Middle District of Florida
- U.S. Court of Appeals, Fifth Circuit
- U.S. Court of Appeals, Eleventh Circuit
West Palm Beach, Florida
- English
- Illinois, Illinois State Bar
- Florida, The Florida Bar
- Akerman Litigation Department, Steering Committee - Past Chair
- American Bar Association - Member
- Business Development Board, Palm Beach County, Florida - Member
- Defense Research Institute, Business Litigation Committee - Member
- Fifteenth Circuit Judicial Nominating Commission - Member
- Florida Bar Association, Member; Business Litigation Certification Committee - Member
- Illinois Bar Association - Member
- Palm Beach County Bar Association, Member; Circuit Civil Committee, Past Chair; Professionalism Committee, Member; Alternative Dispute Committee - Member
- Sorin Society, University of Notre Dame, South Bend, Indiana - Member
- University of Illinois at Urbana–Champaign, J.D., graduated 1974
- U.S. Supreme Court
- U.S. District Court, Southern District of Florida
- U.S. District Court, Northern District of Florida
- U.S. District Court, Middle District of Florida
- U.S. Court of Appeals, Fifth Circuit
- U.S. Court of Appeals, Eleventh Circuit
Client Testimonials
Awards & Focus
Named "Lawyer of the Year" by Best Lawyers® for:
- Litigation - Intellectual Property, West Palm Beach (2014)
Recognized in The Best Lawyers in America® 2026 for work in:
- Commercial Litigation
- Litigation - Intellectual Property
Additional Areas of Practice:
- Litigation - Trusts and Estates
Awards:
- Martindale-Hubbell, AV Rated
- Super Lawyers Magazine 2006-2011, Listed in Florida for Business Litigation, Estate Planning & Probate, and Personal Injury Defense: Products
- Board Certified in Business Litigation, The Florida Bar Board of Legal Specialization and Education
News & Media
Additional Information
- Publications and Lectures
- Editor and reviser of chapters on Noncompetition Agreements and Trade Secrets - Misappropriation and Litigation in Matthew-Bender's Business Law Monographs, Intellectual Property Series
- Frequent teacher and seminar participant on trial tactics, ethics, and substantive law topics within firm, bar associations, and civic groups
- Representative Experience
- Defense of multi-national companies in defense of products liability, mass tort, and class actions, including the defense of Ford Pinto cases, Jeep roll-over claims, and B.A.T. Industries, and British American Tobacco in the State of Florida tobacco litigation in Palm Beach County, and in over 40 tobacco lawsuits by labor unions and Latin American countries and cities in state and federal courts. State of Florida v. American Tobacco Company, et al., 707 So. 2d 851 (Fla. 4th DCA).
- Representation of hospitals and health care providers in medical staff bylaws, tortious interference and business tort claims. University of Miami, Inc. v. Spunberg, 784 So. 2d 541 (Fla. 4th DCA).
- Representation of business and individuals in business tort, securities and partnership disputes, and contractual and distributorship litigation. Union Oil of California v. Watson, 468 So. 2d 349 (Fla. 3rd DCA) (leading Florida case on malicious prosecution); Wagner, Nugent v. Flanagan, 629 So. 2d 113 (Fla. S.C.) (leading case on business defamation); Bell Atlantic v. Associated Data, 714 So. 2d 523 (Fla. 4th DCA) (distribution agreements).
- Representation of banking and financial institutions in mortgage foreclosure and secured and unsecured claims, including defense of lender liability, fiduciary duty and bad faith counterclaims. Williams v. First Union, 591 So. 2d 1137 (Fla. 4th DCA) (first case upholding constitutionality of F. S. §697.07, enforcement of assignment of rents in mortgage); Maxwell v. First United Bank, 782 So. 2d 931 (Fla. 4th DCA) (leading Florida case defining fiduciary duties of bank).
- Representation of insurers and insureds in interpretation of policies and coverage disputes. Ranger v. Bal Harbour, 509 So. 2d 945 (Fla. 3rd DCA); 549 So. 2d 1005 (Fla. S.C.) (leading case on coverage for intentional acts and public policy nullification).
- Representation of lawyers and law firms in legal malpractice defense claims. Substantial experience as in-house loss prevention counsel for Mershon, Sawyer Firm.
- Representation of landowner in first condemnation proceeding under Florida's Conservation and Recreational Lands Act, resulting in an enhanced award of $6,650,000, following a jury trial.
- Representation of agribusiness entity in litigation concerning a $2.5 million damages claim due to improper use of herbicides.
- Representation of shareholders in litigation concerning a $10 million shareholder derivative action involving common law fraud and securities fraud in the sale of stock in a surgical and laser center, and claims for individual damages arising from electronic audio and video surveillance placed by Defendant. Florida Eye Institute v. Paul Minotty, Circuit Court, 19th Judicial Circuit in and for Vero Beach, FL.
- Representation of horse show promoter in litigation concerning and sale of show licenses for Wellington Winter Equestrian Festival.
- Representation of property owners, contractors, developers and insurers in disputes involving construction defects and mold damage.
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