Experience
David chairs the Firm's Banking and Finance practice group which represents over 65 banks in the areas of litigation, transactions, creditors' rights, special assets and regulatory compliance. He is an "AV" rated lawyer by Martindale-Hubbell, a Florida Super Lawyer and in June of 2010 David was featured on the cover of The American Lawyer magazine.
David has tried more than one hundred jury trials and handled hundreds of non-jury trials, mediations and arbitrations throughout the State of Florida on behalf of large financial institutions, state and local governmental entities, medium to small businesses and individuals. His trial experience includes UCC Article 3, 4 and 9 matters, FCPA, FDCPA and Florida CPA contract disputes and commercial torts in both state and federal courts in Florida. In response to modern litigation challenges, David advises his corporate clients in advanced methods using electronic document retention and production procedures. In addition, David also represents land developers and construction firms throughout Florida with respect to their legal needs.
Background
After graduating from Northwestern University with a degree in Political Science and a minor in History and Literature of Religions, David entered a financial systems program at Continental Bank in Chicago, Illinois where he received concentrated training in the fields of Audit Compliance, Cost Accounting, Financial Analysis and Banking. After participating in the FDIC work out and recovery of Continental Bank, following the Penn Square Bank funding crisis, David entered law school at Case Western Reserve University in 1989. While in law school, he earned the Dean's Distinguished Advocate Award and represented the school at the regional finals of the National Moot Court Competition.
David served as Assistant State Attorney with the State of Florida, Hillsborough County from 1990 to 1993. As Assistant State Attorney, David held the positions of Misdemeanor Division Chief, Felony Prosecutor and Special Prosecutor reporting to the Organized Crime Task Force in Tampa, Florida. He prosecuted hundreds of cases including white collar fraud matters, as well as murder cases.
Professional
· The Florida Bar (1989)
· Hillsborough County Bar Association (HCBA)
· United States District Court, Middle District of Florida (1989)
· 11th Circuit Federal Court of Appeals (1989)
· Florida Super Lawyers, 2006
· "AV" rated by Martindale-Hubbell
· Featured on cover of The American Lawyer magazine, National distribution, June 2010
Reported Cases
· Krinsk v. SunTrust Banks, Inc., 654 F.3d 1194 (2011) -- successful appeal to the Eleventh Circuit Court of Appeals which resulted in a reversal of the lower court's previous decision that SunTrust had waived its right to arbitrate a class action case on an individual basis by virtue of its participation in litigation prior to the Plaintiffs filing an Amended Complaint. In a case of first impression, the Eleventh Circuit Court of Appeals held that when a plaintiff files an amended pleading that unexpectedly changes the shape of the litigation, a defendant's right to assert a right to arbitration is revived, even if the defendant had previously waived its right to arbitrate. The Eleventh Circuit held that the Amended Complaint at issue contained a dramatically larger proposed class definition and that, therefore, SunTrust's right to compel individual arbitration was revived.
· Sullo v. NationsBank N.A., 755 So.2d 822, 5th Fla. App. District, 2000 (Brooksville, Florida) -- obtained a defense verdict at trial and prevailed on appeal with a written opinion resulting in a change in the law favorable to lending institutions -- successful defense of appeal, 755 So. 2d 822 (Fla. DCA 2000), cert. denied, 776 So. 2d 277 (Fla. 2000).
· Woods v. Bank of America Insurance Corp., 3rd Judicial District of Florida, 2002 (New Port Richey, Florida) -- obtained a jury trial defensive verdict for Bank of America insurance Corp. on claims of fraud and bad faith.
· Mills v. NationsBank, N.A., 3rd Judicial District of Florida, 1999 (Lake City, Florida) -- successful defense of a $42 million claim resulting only in nominal damages. On appeal this case was the first case in the State of Florida to invoke Federal law on a State level which does not require National Association Banks to file appellate bonds.
· Island Renovations v. NationsBank, N.A., 12th Judicial District of Florida, 1999 (Sarasota, Florida) -- successful defense of a $1 million claim resulting in an award of attorney's fee judgment in favor of NationsBank, N.A., which were collected.
· Wolf v. Sun Trust Bank, 6th Judicial District of Florida, 2003 (Dade City, Florida) -- obtained an un-appealed summary judgment with a written opinion in favor of SunTrust Bank upholding contractual provisions which modify statutory provisions.
· Wagner v. Equicredit Corp. of America, 12th Judicial District of Florida, 2004 (Sarasota, Florida) -- obtained a court order dismissing with prejudice upon Motion to Dismiss a multi-million dollar class action claim.
· Schmidt v. Multimedia and Brief v. Cape Publications, Federal Middle District of Florida, 2004 (Tampa, Florida) -- successful defense of $3 billion class action claim resulting in a dismissal with prejudice.
· Sterling Asset & Equity Corp., et al v. BB&T Leasing Corp., et al, U.S. District Court, Southern District of Florida, 2004 (Miami, Florida) -- successful defense of class action claim resulting in a dismissal prior to class certification.
· Sea Weed III v. Tampa Port Authority -- successful defense of $50 million claim against Tampa Port Authority for submerged land claims in the trial court and successful defense of judgment upon appeal. 940 So. 2d. 441 (Fla. 2nd DCA, 2006).
· BB&T v. Binder -- successful appeal of lower court ruling obtained by separate counsel reversing trial courts ruling resulting in a ruling in favor of BB&T. 946 So. 2d. 572 (Fla. 2nd DCA, 2006).
· Carliner v. Sun Trust Bank, 5th Judicial District of Florida, 2008, Case Number H0027-CA-2007-002328 -- successful defense of a significant class action claim resulting in dismissal with prejudice.
· Frazier v. HSBC Mortgage Services, Inc., 11th Fla. App. District, 2010 -- successful defense of lower court ruling granting summary judgment in favor of bank client.
· Citizens Property Insurance Company v. Poe Financial Group, Inc., Federal Middle District of Florida, 2008 (Tampa, Florida) -- successful appeal over turning lower court ruling adverse to Citizens and first ruling on record which recognizes Citizens as a state entity entitled to assert 11th Amendment immunity.
Publications And Seminars
· Co-Author of Consumer Lending Regulatory Compliance, National Business Institute, 2002.
· Co-Author of Protecting the Legal Rights of Florida Citizens in Consumer Transactions, National Business Institute, 2002.
· Co-Author of Challenges in Florida Commercial Lending Practices, National Business Institute, 2003.
· Co-Author of Lender Liability in Florida, Lorman, 2012
· Frequent speaker and lecturer for National Business Institute on topics of Banking Litigation, Consumer Collections Practice Act and Slander of Credit Litigation.
Civic
· Leadership Florida, Class XXV
· Greater Tampa Chamber of Commerce
- Executive Committee, 2005-2008; Board of Directors, 2005-2010
- Chair, Public Policy and Government Relations, 2007
- Chair, Small Business Enterprise, 2006
- Chair, Benchmark Trip, 2005
- General Counsel, 2004
· Boy Scouts of America, Southern Region
- President, State of Florida
- Vice President, Council Operations, State of Florida, 2010-2011
- Board of Directors, 2010-current
· Boy Scouts of America, Gulf Ridge Council
- President, 2008-2010
- Board of Directors, 1996-current
- Vice President, District Operations, 2006-2008
- Vice President, Endowment, 2004-2006
· Crime Stoppers of Pinellas County, Board of Directors, 2003-2005
· Kiwanis Club of Florida, Board of Directors, 1997-2000