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Overview

David is a fabulous writer, known for his preparation of briefs. He is an excellent lawyer and is very strategic and creative.

- Chambers USA 2017

David is a Shareholder in the Litigation Department, a member of the Firm’s Board of Directors, Chair of the Firm's Cybersecurity Committee, and General Counsel to the Firm. For more than forty years, he has litigated in federal and state trial and appellate courts and alternative dispute resolution forums. He has a trove of experience defending lawyers and law firms in malpractice claims, Bar complaints, tort and civil conspiracy claims, sanctions and contempt proceedings, disputes with former partners, and the like. In addition, he has tried, among other matters, product liability, contract, business tort, construction defect, creditors’ rights, and antitrust cases. In addition, he regularly counsels clients on data security issues.

Representative Experience

  • For 2,000+ lawyer international law firm:
    • Action for conspiring with client to defraud plaintiff; withdrawn after Rule 11 motion filed.
    • Action for negligence, breach of fiduciary duty and conspiring with client to defraud plaintiff; won on summary judgment, affirmed on appeal.
    • Defense of threatened claim by SEC receiver of former client and class counsel; no suit filed, no money paid.
  • For 200+ lawyer national law firm: Action for fraud and tortious interference based on firm lawyer’s manufacturing evidence (license agreement); won on summary judgment on basis of litigation immunity by showing that agreement had not been used except in litigation, and summary judgment affirmed on appeal.
  • For 700+ lawyer international law firm:
    • Action by former client for legal malpractice, breach of fiduciary duty, and conversion in respect of her $20 million estate; settled for partial payment by former client of firm’s receivable.
    • Successfully defended motion for sanctions and contempt for alleged discovery abuse; motion was denied.
    • Persuaded The Florida Bar not to pursue a Bar Complaint that a disgruntled former client filed against a firm partner.
    • Successfully represented four of the firm's partners against a bankruptcy court’s order to show cause why they should not be sanctioned; OSC discharged in full.
  • For 600+ lawyer national law firm: Action for legal malpractice in connection with advice on state and local gaming law and for aiding-and-abetting a corporate executive’s alleged looting of the former client; won motion to dismiss for forum non-conveniens.
  • For 400+ lawyer national law firm: Action for litigation malpractice; won on summary judgment, affirmed on appeal.
  • For 300+ lawyer national law firm: Arbitration asserting legal malpractice in connection with negotiation of commercial lease; won at trial.
  • For 800+ lawyer national law firm: Suit by non-client for negligence and suit by assignee-for-the-benefit-of-creditors for legal malpractice in connection with assignor’s IPO; achieved five-figure settlements of each.
  • For 100+ lawyer regional law firm:
    • Action asserting claims for fraud and conspiring with client to defraud plaintiff in connection with a commercial lease transaction; plaintiff filed voluntary dismissal with prejudice in exchange for firm’s agreement not to pursue fees.
    • Defended a firm partner against a Bar Complaint; won at trial, Bar did not appeal.
    • Action by former client for legal malpractice in connection with the acquisition of commercial real estate, claiming unwaived conflict; plaintiff ordered to pay costs to firm after filing notice of voluntary dismissal.
  • For 100-lawyer national law firm: Defended litigation malpractice case and breach of fiduciary duty case in which the plaintiff alleged he was the firm’s client; won both cases on summary judgment, and both wins were affirmed on appeal.
  • Counseled former partner of firm that dissolved and reformed without him; reached favorable financial settlement.
  • Served as testifying expert witness for law firms and lawyers on standard of care; the likely outcome of the case-within-a-case in litigation malpractice action; the settlement value of a litigation; counsel fees; etc.
  • For the Florida distributor of most of the defective Chinese drywall sold in the State, tried month-long jury trial by homeowners who were forced to move from home and have it completely remediated. Jury awarded minimal compensatory damages and no punitive damages against the distributor.
  • With Firm partner Joy Lundeen, was co-lead counsel for the Chinese manufacturer of defective drywall in all Florida state court cases.
  • Obtained dismissal of a securities class action against client Erba Diagnostics, Inc., arguing that the plaintiff failed to allege facts sufficient for the court to draw an inference that the defendants acted with the “scienter,” i.e., intent to deceive, necessary for a plaintiff to establish liability under Rule 10b-5. The court dismissed plaintiff’s case.
  • Represented owner of commercial/industrial building near Miami International Airport sued by general contractor for damages for delay and unpaid change orders; counterclaimed for construction defects. After month-long non-jury trial, court entered seven-figure judgment for our client.
  • Has represented major motion picture distributors in California, Florida, New York and Texas (multi-district litigation) in defense of Sherman Act Section 1 cases brought by motion picture exhibitors. Obtained defense verdict in several-week jury trial of exhibitor’s Section 1 claim that distributor conspired with one of plaintiff’s competitors to deprive plaintiff of opportunity to play distributor’s films on first run in Gainesville, Florida.
  • Frequently litigates in United States bankruptcy courts, state court assignment-for-the-benefit-of-creditors proceedings, and federal court receiverships in cases involving financial institutions, asbestos companies, airlines, manufacturing companies, real estate companies, broadcasters, etc. Won two-week jury trial in federal district court for assignee-for-the-benefit-of-creditors sued by federal-court receiver to avoid and recover alleged fraudulent transfers.

Professional & Community Involvement

  • 11th Judicial Circuit Grievance Committee F, Chair, 2005-2006

Recognition

  • Chambers USA, Litigation, 2014-2018
  • Benchmark Litigation, selected as a Florida Litigation Star, 2015-2018
  • The Best Lawyers in America®, 2008-2019
  • South Florida Legal Guide, Top Lawyers in South Florida - Corporate & Business Litigation, 2008-2016
  • Florida Super Lawyers, 2009-2018
  • AV Rated by Martindale-Hubbell

Publications & Presentations

Publications, Recent News Updates: The General Data Protection Regulation (GDPR): It's a Small World After All!
Stearns Weaver Miller News Update|June 2018

Publications, Recent News Updates: The Spectre of a Meltdown? How to Avoid the Latest Cybersecurity Threats
Stearns Weaver Miller News Update|January 2018

Publications: Dealing with Bad (Equi)Fax - What Can Your Company Do Differently?
Stearns Weaver Miller News Update |September 2017

Events: Chumming the Waters...Behaviors that Attract Malpractice Claims
Professional Liability Symposium: Riding the Waves and Navigating Troubled Waters |June 2017

Publications: Ransom is the New(ish) Hack
Stearns Weaver Miller News Update |May 2017

Publications: Data Breaches May Cost Corporations and Their Directors Dearly
Stearns Weaver Miller News Update|March 2017

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Newsroom

In the Media: Prominent Tobacco Attorney Philip Gerson Fights Discipline Case
Daily Business Review|November 2017

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