Recognized in:Commercial LitigationLitigation - Banking and Finance...
Law School:University of Georgia
Location:401 East Jackson Street, Suite 1700Tampa, FL 33602
- University of Georgia, JD, cum laude, graduated 1975
- University of Notre Dame, BA, graduated 1972
- Florida, The Florida Bar
- Georgia, Georgia State Bar
- U.S. District Court, Northern District of Georgia
- U.S. District Court, Middle District of Florida
- U.S. Court of Appeals, Eleventh Circuit
- American Bar Association, Business Law Section, Real Property Section, Probate and Trust Law Section, and Forum Committee on the Construction Industry - Member
- Hillsborough County Bar Association, Litigation Section - Member
- Hillsborough County Bar Association, Litigation Section - Member
Recognized in The Best Lawyers in America for work in:
- Commercial Litigation
- Litigation - Banking and Finance
- Litigation - Construction
- Litigation - Real Estate
- Florida Trend's Legal Elite 2004, Listed for Business Litigation and Business Law; 2012, Listed for Commercial Litigation
- "Have a Heart" Award for Outstanding Pro Bono Service, 2005
- The Best Lawyers in America 2007-2013, Listed in Florida for Litigation - Intellectual Property
- Super Lawyers Magazine 2008-2015, Listed in Florida for Business Litigation
- United States District Court
- Represented lenders in commercial mortgage foreclosures in Florida. Handled forbearance agreements, workouts, and both stipulated and contested mortgage foreclosures on office buildings, office parks, large and small hotels, completed and partially completed subdivisions, apartment complexes, condominiums, large multi-use resort complexes, golf courses, regional shopping malls, and shopping centers. These projects have involved construction loans, development loans, permanent loans, and lines of credit. The security for these loans has included real property, inventory, receivables, rents, other personal properties, and guaranties. Also, regularly worked with special servers on CMBS foreclosures.
- Represented clients in foreclosures involving the appointment of receivers, the taking of emergency action to secure the collection of rents, and for hotels and other commercial properties or businesses, the collection of income or accounts receivable. These cases frequently require aggressive and timely action under the loan documents and/or the UCC to avoid dissipation of secured assets. Regarding commercial foreclosures of partially completed and completed subdivisions, issues involved include dealing with the claims of potential homeowners, local governmental issues, various lien issues, title issues, and potential successor developer issues.
- Represented agricultural properties in workouts and foreclosures, addressing unique issues, including the treatment of crops, trees, and timber.
- Represented lenders defending a variety of claims arising out of the lender's alleged administration of loans, extensions, renewals, or additional loans or loan applications. These cases have involved motion practice and both jury and non-jury trials.
General Commercial Litigation
- Represented manufacturers of medical devices in cases involving trademark infringement and false advertising claims in both state and federal courts, including cases under the Lanham Act, the Florida Deceptive and Unfair Trade Practices Act, and similar statutes in other states. These cases involved issues relating to permissible advertising based on the results of clinical studies and case studies.
- Represented cable television providers or property owners in disputes regarding the right to provide service.
- Represented a national publishing company in defending claims under the Fair Debt Collection Practices Act and the Florida Deceptive and Unfair Trade Practices Act arising out of collection efforts for magazine subscriptions.
- Represented partners, members, or shareholders of both large and small partnerships and companies in litigation and disputes involving matters such as buy-sell agreements, the ownership of corporate or partnership assets, and the operation of the businesses.
- Represented institutional and individual clients in real estate disputes regarding ownership and use of property and contract disputes regarding proposed sales transactions.
- Represented international distribution center in litigation and threatened litigation regarding computer software contracts.
- Represented a national television shopping network in disputes and litigation regarding relating to contract disputes.
Class Action Litigation
- Represented a book publisher in defending class actions brought in Florida and several other states arising out of a negative option marketing plan.
- Represented magazine publishers in defending class action claims under the Fair Debt Collection Practices Act and similar state statutes arising out of collection activities in multiple states.
- Represented a magazine publishing company in a class action under several states' Deceptive and Unfair Trade Practice Acts related to advertising for magazine sales.
- Represented medical device manufacturer in false advertising and trademark infringement claims brought by competitors and in a class action.
- Represented several different publishers with respect to defending class actions based upon their sweepstakes promotions in Florida and in several other states, including cases before the Judicial Panel of Multi-District Litigation.
- Represented the general contractor in a dispute relating to the construction of a large advanced waste treatment facility in asserting claims for damages for delay and additional costs resulting from unforeseen site conditions, design defects and changes during the course of construction. We were also required to defend claims asserted by the owner municipality for alleged delays in construction, defective installation and equipment and for loss of use of the facility. In addition, we were required to defend claims asserted by certain subcontractors and suppliers.
- Represented an alleged class of property owners in a suit against national builder arising out of the alleged improper installation of stucco on thousands of homes; the claims asserted related to the alleged failure to comply with local building codes and involved the use of several experts on issues of ASTM standards and compliance.
- Represented the manufacturer of large industrial pumps in a dispute with a local municipality arising out of alleged defectively designed and/or installed pumps in a force main system.
- Represented the manufacturer of exterior doors and windows in a suit by a condominium association alleging defective design and manufacture of exterior windows and doors in a large condominium building in Sarasota County, Florida.
- Represented the manufacturer of a flat roofing system in a dispute regarding commercial application of a roof on a large warehouse; the claims related to the alleged improper manufacturer and design of the roofing product as well as issues of installation.
- Represented publishing company in negotiating an Assurance of Voluntary Compliance with the Attorneys General of several states regarding a negative option marketing campaign.
- Represented magazine publishers in negotiating a multi-state Assurance of Voluntary Compliance related to alleged deceptive advertising and magazine subscriptions and renewals.
- Represented a motion picture production company in negotiating an Assurance of Voluntary Compliance resolving claims of deceptive marketing regarding a prominent movie production.
- Represented a major owner of radio stations throughout the United States in negotiating an Assurance of Voluntary Compliance with the State of Florida regarding on air contests.
- Represented sweepstakes promoters in negotiating a multi-state Assurance of Voluntary Compliance regarding alleged deceptive advertising claims.
- Represented the manufacturers of medical devices in negotiating Assurances of Voluntary Compliance in several states regarding different alleged false advertising claims for various medical devices.
- Represented a major recording company in resolving multi-state Assurances of Voluntary Compliance in a dispute regarding the company's use of copy protection software on CDs.
- Represented an alleged seller of health supplements in a suit by the Federal Trade Commission alleging claims of false advertising.
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