Douglas L. Kilby

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Practice & Industry Groups

Overview

Doug Kilby is a seasoned litigator with over 30 years of experience, focusing his practice on class action, antitrust, consumer protection, business litigation, and government investigations, particularly matters involving the Attorney General’s office. These investigations include matters involving Florida’s Deceptive and Unfair Trade Practice Act (FDUTPA) and Florida’s Antitrust, RICO, CANSPAM, data breach, and price gouging statutes. Doug is a former Senior Assistant Attorney General of the State of Florida’s Economic Crimes (Antitrust) Division and has more than 20 years’ experience advising clients with internal investigations and creating compliance policies and systems to reduce the risk of government enforcement actions. Doug earned the ANSI-accredited Certified Information Privacy Professional/United States (CIPP/US) credential through the International Association of Privacy Professionals (IAPP). He regularly advises companies on a variety of privacy law matters, including digital marketing, website privacy compliance, and biometric data collection.

Notable Experience

  • Represented IBM and its subsidiary, TWC Product and Technology – owner of The Weather Channel Mobile App, as Florida counsel with Quinn Emanuel Urquhart & Sullivan in consumer class action alleging violations of FDUTPA and various business torts; case dismissed with prejudice.
  • Represented companies in responding to data breaches under the Florida Information Protection Act (Florida’s data breach notification statute), and interpreting cybersecurity insurance policies and resolving coverage issues with carriers.
  • Represented numerous companies in responding to price gouging investigations, including major online marketplace operator.
  • Represented large healthcare company in obtaining antitrust clearance from Florida Attorney General on three separate hospital acquisitions.
  • Represented local governments in putative class action regarding alleged unconstitutional special assessment; motion for class certification denied.
  • Represented Fortune 500 companies in putative FDUTPA class actions, including cases involving flushable wipes, sunscreen, fuel surcharges, and movie rentals.
  • Represented regional bank in putative class action, successfully enforcing arbitration clause with class action waiver.
  • Represented large grocery store chains (Whole Foods Market and Publix Super Markets) in obtaining declaratory judgments enabling companies to exclude petition gatherers from soliciting signatures on privately owned property.
  • Represented world’s largest sports agency in action to enjoin defecting agent from taking agency clients immediately prior to NFL draft; injunction granted.
  • Represented bankruptcy trustee in action to locate and recover assets transferred overseas by debtor, resulting in 100% recovery for creditors of estate.
  • Represented corporate debtor in bankruptcy in fraudulent transfer and breach of fiduciary duty action against debtor’s former officers and affiliates, resulting in significant recovery for debtor.
  • Represented shareholder in action to remove officer of corporation for breach of duty of loyalty, largely based upon recovered electronic files deleted by former officer from company laptop, resulting in shareholder acquiring full control of company.

Credentials

Education

  • J.D., University of Virginia School of Law, 1990
    • Virginia Journal of International Law, Articles Review Editor
    • Dillard Fellow
    • B.A., University of Florida, 1986
      • Certificate in Latin American Studies

Admissions

  • Florida
  • California (inactive)
  • United States Court of Appeals for the Eleventh Circuit
  • United States District Courts for the Southern, Middle and Northern Districts of Florida
  • United States District Courts for the Southern and Central Districts of California

Certifications

  • Certified Information Privacy Professional (CIPP/US)

Languages

  • Portuguese

Professional & Community Involvement

  • American Bar Association, Litigation and Antitrust Sections
    • Associate Editor, ANTITRUST Magazine, 2018-2024
  • William H. Stafford American Inn of Court, 2014-2023
  • The Florida Bar Association
    • Grievance Committee for the Second Judicial Circuit, 2011-2016
    • Consumer Protection Law Committee
      • Chair, 2008-2009
      • Vice-Chair, 2007-2008
  • Co-Editor, 2013 Review of Consumer Protection Law Developments, Antitrust Law Section of the American Bar Association, 2013
  • Editorial Board, 2011 Review of Consumer Protection Law Developments, Antitrust Law Section of the American Bar Association, 2011
  • Leon County Schools Foundation, Board of Directors, 2005-2008
  • Leadership Tallahassee Class XX

Recognition

  • The Best Lawyers in America, 2024-Present
  • Florida Super Lawyers, 2009, 2012-Present
  • Florida Trend’s Florida Legal Elite, 2007-2017, 2019-2023, “Hall of Fame”, 2023
  • AV® Preeminent™ Rated, Martindale-Hubbell

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