Experience Florida Mediators Jeff's extensive trial experience began in 1974 and includes personal injury, wrongful death, complex commercial litigation, professional malpractice, construction, environmental claims including Endangered Species Act, RCRA, CERCLA, power plant systems, USFWS and DEP permitting, and administrative proceedings before the water management districts; architect and engineer, land use and real estate litigation, water, wastewater and storm water management law, computer software licensing, legal, medical and accounting malpractice, intellectual property and ADA/Fairhousing Act litigation. Jeff also concentrates in the areas of sports and entertainment, intellectual property, patent and copyright litigation and works with the Firm's tax, corporate and transactional lawyers in review of contracts, licenses, service agreements, and computer software licensing. Jeff has been a Florida Supreme Court certified mediator since 1989 and a member of the American Arbitration Association Complex and Commercial Arbitration Panel. He has extensive experience as neutral and advocate in several hundred arbitrations and mediations at the pre-suit, state, and federal levels, in both trial court and appellate court venues and the U.S. Supreme Court, and has included matters in excess of $100 million. Jeff has served as mediator, arbitrator, and special master in numerous complex legal disputes; examples include: Energy and Industrial Process Facilities · Domestic dispute between major multi-fuel power plant designer, owner and contractors alleging breach of contract, delay and disruption, intentional interference with Powder River Basin coal supply, design defects, and equipment specifications · Design defect international and domestic dispute between competing manufacturers of an environmental remediation product for use in coal-fired energy plants and processing facilities alleging breach of contract, business torts, RICO violations and misappropriation of trade secrets case regarding coal handling, limestone crushers stack gas scrubbers and alleged cooling tower system failures in a major regional coal-fired generating station · Trade secret dispute between manufacturers of an environmental remediation product for use in coal-fired power plants and processing facilities including contract breach, business torts, and misappropriation Contract Disputes · Domestic breach of contract and wrongful termination dispute between a major food service processor and vendor alleging equipment defects and business interruption damages · Breach of contract and engineering defect dispute alleging infrared fire suppression system damaged passenger jets of a major airline Intellectual Property Issues · Automotive patent dispute alleging infringement of the use of a key fob for remote start using the modern vehicle's computer serial bus; and the amount of any applicable royalty · International frozen hamburger patty processing equipment dispute alleging trade secret misappropriation and breach of non-compete Construction Issues and Disputes · Admiralty dispute alleging damage to a major bridge structure and resolution of property damage and contract recovery theories and multi-layer international insurance treaties · Construction delays and design defects alleged for 385 MW natural gas project involving specialty welding, steel specifications, business torts, disruption and international standards of engineering care Other areas of mediator, arbitrator, and special master experience include Fair Housing Disputes, Commercial Matters and Disputes, and Tort Claims. Background Mr. Keiner is a Shareholder of GrayRobinson. He is originally from St. Louis, and grew up in Marion, Indiana. He earned his undergraduate degree from Miami University, Oxford, Ohio, in 1968. From 1968 to 1971, he served as communications officer and officer of the deck on U.S. Navy destroyer, USS Ault. After leaving the Navy, he went to law school, earned his law degree from the University of Michigan in 1974, and began practicing law with Akerman, Senterfitt & Eidson in Orlando. Ten years later, he became a founding partner with Fisher, Rushmer, Werrenrath, Keiner, Wack & Dickson, P.A. In June of 1995, he joined GrayRobinson as head of the Firm's litigation department as a specialist in complex commercial, construction, professional liability, environmental and intellectual property litigation, arbitration and mediation. Reported Cases · Loggerhead Turtle v. County Council of Volusia County, Case No. 97-2083, U.S. Court of Appeals for the Eleventh Circuit, 148 F.3d 1231 (1998) - Environmental Litigation · Ecodyne Cooling Div. of Ecodyne Corp. v. City of Lakeland, Case No. 88-3761, U.S. Court of Appeals for the Eleventh Circuit, 893 F.2d 297 (1990) - Lakeland Power Plant Commercial Litigation · American Historic Racing Motorcycle Ass'n, Ltd. v. Team Obsolete Promotions, Case No. 97-1263-CIV-ORL-18B, U.S. District Court for the Middle District of Florida, Orlando Division, 33 F. Supp. 2d 1000 (1998) - Trademark Litigation · Loggerhead Turtle v. Cty. Council, Case No. 95-587-CIV-ORL-22, U.S. District Court for the Middle District of Florida, Orlando Division, 896 F. Supp. 1170 (1995) - Endangered Species Act Litigation · Florian Greenhouse, Inc. v. Kok Constr., Inc., Case No. 94-769-CIV-T-17A, U.S. District Court for the Middle District of Florida, Tampa Division (1995) - Construction Litigation · In re Monroe Cty. Hous. Corp., Case No. 81-01901-BKC-SMW, Adv. No. 81-0516-BKC-SMW-A, U.S. Bankruptcy Court for the Southern District of Florida, 26 B.R. 686 (1983) - HUD Section 8 Housing Litigation · In re Rules of Civ. Procedure, Case No. 58986, Supreme Court of Florida, 391 So.2d 165 (1980) · Zolla v. DiGaetano, Case No. 99-210, Court of Appeal of Florida, Fifth District (1999) - Commercial Contract Litigation · DeLeuw, Cather & Co. v. Grogis, Case No. 94-1658, Court of Appeal of Florida, Fourth District, 664 So.2d 989 (1995) - Engineering Construction Litigation · Black & Veatch v. Boothe, Case No. 85-484, District Court of Appeal of Florida, Fifth District, 479 So.2d 881 (1985) - Electrical Engineering Litigation · Mechanical Plant Services, Inc. v. Westinghouse Electric Company, Case No. 99-00076-CV-ORL, 31A, United States Court of Appeals for the Eleventh Circuit, No. 00-15291 (2001) · PortionPac Chemical Corp. v. Sanitech Systems, Inc., Case No. 8:01-CF-1297-T-17MAP, Middle District of Florida, U.S. District (2002) · Transcontinental Records v. Zomba Recording Corporation, Case No. 99-1282-CIV-ORL-22C, Middle District of Florida · Brian Woods v. Planet Hollywood International, Case No. VI-098-8149 (37), Circuit Civil Division, Orange County, Florida · WKMG/Channel 6 - Central Florida Motor Sales · Aerostation Corporation v. Amway, Case No. 96-1102-CIV-ORL-22, Middle District of Florida · In re Sunterra Corp. Securities Litigation,199 F.Supp.2d 1308 (M.D. Fla. 2002) · Leatherback Sea Turtle v. Flagler County Bd. of County Com'rs, 359 F.Supp.2d 1209 (M.D.Fla. 2004) · Vela v. Kendall, 905 So. 2d 1033 (Fla. 5th DCA 2005) · North American Title v. Victor and Norelys Tejada, Case No. CI07CI376 · Barnie's v. AMC & Al-Huwaitan, Case No. 6:07-CV-1664-ORL-19UAM, Middle District of Florida · Cornelius James Bellamy, II, et. al. v. Exxon Mobil Corporation, Case No. 07-CA-277, Circuit Civil Division, Orange County, Florida · Teton Industrial Construction, Inc. v. Siemens Power Generation, Inc., Case No. 07-CA-3692, Business Court, Circuit Civil Division, Orange County, Florida Slip Opinions · Baker County Medical Services Inc. v. Summit Smith, L.L.C., 2007 WL 114000 (M.D.Fla., 2007) · Ranger Const. Industries, Inc. v. Jacobs Civil, Inc., 968 So. 2d 580 (Table), 2007 WL 4278244 (Fla. 5th DCA 2007) · Trizen Systems, Inc. v. Software AG, Inc., 2003 WL 25668024 (M.D. Fla. 2003) · Jans ex rel. Jans v. The GAP Stores, Inc., 2006 WL 2691800 (M.D. Fla. 2006) · P.R.G. Parking Management, LLC v. Park, Bark, & Fly, LLC, 2007 WL 2302144 (M.D. Fla. 2007) Omega Patents, LLC v. Lear Corp., 2008 WL 821886 (M.D. Fla. 2007) · Berkel & Co. Contractors, Inc. v. HJ Foundation, Inc., 2008 WL 227880 (M.D. Fla. 2008) Professional · Florida Supreme Court; State and Federal Courts · Admitted, U.S. Circuit Courts of Appeal, Sixth Circuit and Eleventh Circuit · Admitted, U.S. District Court, Northern District Oklahoma · Admitted, Supreme Court of the United States · Orange County Bar Association, Member · The Florida Bar
- Trial Lawyers Section, Member
- Environmental and Land Use Law Section, Member
- Sports and Entertainment Law Section, Member · American Bar Association
- Construction Industry, Forum Committee on the Construction Industry
- Dispute Resolution
- Litigation Section, Member · Florida Circuit Civil Mediator Society, Member, 2005-2008 · Who's Who in American Law · Society of Automotive Engineers · American Arbitration Association, Commercial and Complex Case Arbitration Panel Member · Ninth Judicial Circuit Fee Arbitration Committee, Member · Certified Mediator, United States District Court, Middle District of Florida · American Arbitration Association, Large Complex Case Panel for Construction · Associate, The American Institute of Architects · American College of Barristers, Senior Counsel Member · Federal Bar Association · Certified Mediator, American Arbitration Association · Orange County Bar Association Federal Judicial Relations Committee · Million Dollar Advocates Forum, Member · National Intellectual Property and Communications Law Section, Federal Bar Association, Member · Certified Mediator, International Mediation Institute, The Hague, Netherlands · American Bar Association, Law Student Division, National Negotiation Competition Judge, 2010 · The College of Master Advocates and Barristers, Senior Counsel Member Honors · Chambers USA, Construction, 2003-2011 · Florida Super Lawyers Top Construction Litigation Attorney, 2009 · Florida Super Lawyers, 2006-2011 · Florida Super Lawyers Top 100, 2007-2008 · Selected to Florida's "Legal Elite" byFlorida Trend Magazine, 2005-2008, 2011 · Selected as Best Lawyers by Orlando Magazine, 2009 · Selected in Best Lawyers in America, 2006-2012 · Corporate Counsel, Top Lawyer, 2011 · American Registry of Outstanding Professionals
- Member
- America's Most Honored Professionals, 2011 · "AV" PreeminentTM Rated by Martindale Hubbell Civic · Leadership Central Florida, 1997 · Orlando Leadership Council, Member, 1978 · Leadership Orlando, 1978 Lectures And Publications · American Society of Civil Engineers, Young Engineer's Section, "Field Change Procedures" 1989 · American Society of Civil Engineers, "Recent Developments in Stormwater Management" 1991 · American Bar Association, Business Law Section Spring Meeting "Mediation of Commercial Disputes" 1992 · American Society of Civil Engineers, "Overview of Permitting Procedures for Construction in Florida," September 1991 · VOSCO/NSPE Meeting of Invited Attorneys, 1993 · Florida Lawyers Mutual Insurance Company, "Professionalism," 1995 · Design Professionals Insurance Company "Contracts Negotiation and Drafting" 1995 · American Institute of Architects Fall Meeting "Drafting of Construction Contracts" November 1996 · Florida Discovery Skills for Paralegals "Determining What Information is Discoverable" January 1998 · DPIC Insurance Companies, Meeting of Invited Attorneys, Taxpayer Relief Act of 1997, April 1998 · Florida Lawyers Mutual Insurance Company, Practicing Law in the Year 2000, August 1998 · Five Ways the Millennium Bug Might Bite, and Five Ways to Keep it from Biting You!, Law Engineering, November 1998 · Designing in the New Millennium: The 1999 Design Professional Legal Seminar, October 1999 · CNA - Victor O. Schinnerer & Company, panel speaker, "Mold & Mildew Litigation,"April 2003 · Co-Author with Trevor Arnold: "Mixed Use Condo Projects - Pitfalls," April 2005 · Author/Speaker: Condominium Risk Management Seminar - LRK/Memphis, September 2005 · Design Documents: Liability Traps and Escapes in Florida, September 2006 · Author: Mixed-Use Condominium Projects: Cautionary Tales - published in Lorman Construction Newsletter, March 2007 · Speaker: Stetson University College of Law and Florida Defense Lawyers Association, Trial Excellence in Advocacy Workshop, January 2008. · Speaker/Moderator: "How Design Documents Can Prevent or Cause Construction Claims" - Lorman Seminar, February 2008 · Moderator: "What to Do When Construction Projects Go Bad" - Lorman Seminar, April 2008 · Speaker: Avoiding "Green Building" Liability, CMAA West Florida Chapter, CMAA West Central Florida Chapter and the Design-Build Institute of America Florida Region, Inc., January 2009 · Speaker: Case Valuation and Settlement Tips - GrayRobinson, P.A. Litigation Team Luncheon Series, January 2009 · Speaker: "Navigating Through First and Third Party Bad Faith Litigation," GrayRobinson, P.A. Litigation Department Meeting, Ritz Carlton, Orlando, Florida, August 2009. · Speaker: Avoiding "Green Building" Liability, 4th Campus and Community Sustainability Conference, University of South Florida, Tampa, Florida, October 2009 · "May It Please the Mediator: Strategies for Success in the Era of the Vanishing Jury Trial," in Inside the Minds: Emerging Applications for ADR 29 (Aspatore Books, 2010). |