Douglas L. Kilby is a Shareholder in the Litigation Department with over 30 years of experience. His practice focuses on class action, antitrust, business litigation, and government investigations, particularly matters involving the Attorney General’s office.
Doug is highly experienced in representing commercial institutions in state and federal court, including lawsuits by consumers or competitors. He has more than 20 years’ experience advising clients with internal investigations and creating compliance policies and systems to reduce the risk of government investigations, and when the government has come knocking. These investigations include matters involving Florida’s Deceptive and Unfair Trade Practice Act (FDUTPA) and Florida's Antitrust, RICO, CAN-SPAM, data breach, and price gouging statutes. He also regularly advises companies on trade regulation matters, namely, consumer protection and advertising compliance.
Doug is a former Senior Assistant Attorney General of the State of Florida’s Economic Crimes (Antitrust) Division.
Doug started his practice in San Diego, California, representing commercial lenders in business litigation and bankruptcy matters. Prior to joining the Firm, Doug was a Shareholder at a firm in Tallahassee, Florida. He also served as general counsel to a regional transportation company.
- 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.
Professional & Community Involvement
- Kate Sullivan Elementary School, Reading Mentor, 2020-Present
- American Bar Association, Litigation and Antitrust Sections
- The Florida Bar Association
- Grievance Committee for the Second Judicial Circuit, 2011-2016
- Consumer Protection Law Committee
- Chair, 2008-2009
- Vice-Chair, 2007-2008
- William H. Stafford American Inn of Court, 2014-2020
- Leon County Schools Foundation, Board of Directors, 2005-2008
- Leadership Tallahassee Class XX, 2002-2003
- Florida Super Lawyers, 2009, 2012-2021
- Florida Trend’s Florida Legal Elite, 2007-2017, 2019-2020
- AV® Preeminent™ Rated, Martindale-Hubbell
Publications & Presentations
Consumer Protection Updates
American Bar Association|March 2021
Associate Editor, ANTITRUST Magazine
Publication of the Antitrust Law Section of the American Bar Association|March 2021
FDUTPA Claims For Recovery in Bankruptcy Actions
Middle District of Florida and Northern District of Florida Bankruptcy Bar Associations|November 2020
2019 Review of Consumer Protection Law Developments
Chapter on Florida’s Deceptive and Unfair Trade Practice Act|Antitrust Law Section of the American Bar Association|February 2020
Class Actions: Hot Topics and Future Trends
Florida Bar Annual Convention on behalf of the Consumer Protection Law Committee|June 2017
Multistate Consumer Investigations: State AG Perspectives and Priorities
Consumer Protection, Privacy and Information Security, and State Enforcement Committees of the Antitrust Law Section of the American Bar Association|February 2014
FTC’s Latest Revisions to the Green Guides
What’s In Store, Volume 18, No. 1|American Bar Association’s Section of Antitrust Law’s Consumer Protection Committee|December 2013
Co-Editor, 2013 Review of Consumer Protection Law Developments
Antitrust Law Section of the American Bar Association|March 2013
In the Media:
Stearns Weaver Adds Former Assistant AG In Tallahassee
Seasoned Litigator Douglas Kilby Joins Stearns Weaver Miller in Tallahassee