Kacy Donlon has practiced in the area of commercial litigation for the past 17 years. Her practice is based on the principles instilled in her during her clerkship with a federal judge in Alabama — work hard for your client, be honest, and look for creative ways to win or resolve cases. Her main concentration is the defense of businesses and individuals involved in the securities and financial services industries, and she also has experience in a broad spectrum of commercial litigation matters, including employment disputes, class actions, business torts, and contract disputes. Kacy has handled complex matters in federal and state court as well as in arbitration, including the successful defense of numerous matters involving allegations relating to the sale of variable and equity-indexed annuities and other insurance product sales practices.
Kacy’s experience includes the representation of national and regional brokerage and insurance firms in arbitration and court proceedings brought by customers involving variable annuities, mutual funds, REITs, equity securities, viaticals, and other investment products. In addition to litigation, Kacy has represented many clients in investigations and enforcement actions by regulatory bodies such as the SEC, FINRA, and state securities and insurance regulators. She also counsels clients on compliance issues.
Kacy is originally from Alabama where she graduated summa cum laude from Birmingham-Southern College. She then attended the University of St. Andrews in Scotland on a Rotary Scholarship. After working as a paralegal for a prominent securities litigator, she continued her education at Washington & Lee University School of Law where she was the Securities Editor of the Washington & Lee Law Review and graduated cum laude. She is a past president of the Federal Bar Association, Tampa Bay Chapter. Admitted in both Florida and Alabama, Kacy is AV Peer Review Rated by Martindale-Hubbell and has been recognized as one of the Best Lawyers in America. In 2010, the Tampa Bay Chapter of the Federal Bar Association awarded her its highest award, the George C. Carr award, for excellence in federal practice and service to the Federal Bar.
—Defended numerous FINRA arbitration claims related to the suitability of variable annuity purchases. See Guin v. InterSecurities, 2005 WL 2044617 (NASD);
-Oliver v. InterSecurities, 2006 WL 954102 (NASD); Johnston v. InterSecurities, 2005 WL 1140251 (NASD)(directed verdict); Apichino v. InterSecurities, 2006 WL 3716863 (NASD).
—Defended financial institutions against former employees. See Variable Annuity Life Ins. Co. v. Hausinger, 927 So.2d 243 ( Fla. 2d DCA 2006)(raiding) and Amon v. InterSecurities, 2007 WL 4079432 (FINRA) and Heller v. InterSecurities, 2007 WL 2493125 (compensation).
—Obtained dismissal by summary judgment of fraud claims against insurance company related to variable annuity disclosures. See Greening v. Western Reserve Life Assurance Co. of Ohio, 439 F. Supp.2d 612 (M.D. La. 2006).
—Argued before Third District Court of Appeals and obtained affirmance of lower court dismissal of claims against insurance company for denial of death benefit. See Solorzano v. Old Mutual International (Isle of Man) Ltd., 772 So. 2d 1175 (Fla. 3d DCA 2000).
—Represented insurers in state court litigation related to the suitability of the sale of equity indexed annuities.
—Successfully defended negligence and fraud claims in arbitration. See Knaub v. ProEquities, 2007 WL 2893308 (FINRA)(sale of variable annuities and mutual funds) and Nagda v. New England Securities, 2004 WL 1047928 (NASD)(sale of stocks, commission issues).
—Summary judgment granted in favor of client in securities-related legal malpractice action. See Steffen v. Gray, Harris & Robinson, 283 F. Supp.2d 1272 ( M.D. Fla. 2003), aff’d, 138 Fed. Appx. 297 (11th Cir. 2005).
—Defeated motion to dismiss under PSLRA in federal securities action. See Anderson v. Transglobe Energy Corp., 35 F. Supp.2d 1363 (M.D. Fla. 1999).
—“A Penny for Your Thoughts; Recent AML Enforcement Cases,” Co-presenter with Dionne Fajardo, Financial Services Institute Webinar, January 2015
— “Orange is Not the New Black,” National Association of Insurance and Financial Advisors, Tampa Chapter, How to Avoid Being Sued, May 2014
—“The Duke Lacrosse Team of Investments,” Co-presenter with Burt Wiand, Nationwide CLE Seminar, Variable Annuities and Variable Products, September 2007
—American Bar Association: Securities Litigation Committee; Section of Litigation
—The Florida Bar: Attorney-Client Privilege Task Force; Member, Business Law Section; Executive Council, 2004-present; Member, Chair, Business Litigation Committee, 2005-2006; Member, Chair, State/Federal Judicial Liaison Committee, 2006-2007; Vice-Chair, Communications Committee, 2009-14, chair 2014-2015.
—Florida Bar Special Committee on Chapter 517, 2005-2007
—Federal Bar Association: President, Tampa Bay Chapter, 2006-2007; Executive Board, 2000-2008.
—Florida Supreme Court: Committee on Standard Jury Instruction-Contract and Business Cases, Member, 2006-2008
—Hillsborough County Bar Association
—Securities Industry Association: Member, Compliance and Legal Division
—Birmingham-Southern College National Alumni Association: Vice-President, Service and Outreach, 2007-2009
—Leadership Tampa: Class of 2004
—Florida Super Lawyers, Florida Super Lawyers Magazine, 2011-2014
—The Best Lawyers in America, 2009-2014
—AV Peer Review Rated by Martindale-Hubbell
—George C. Carr Memorial Award by the Tampa Bay Chapter of the Federal Bar Association, November 2010
—Tampa Bay’s Top Lawyers by Tampa Bay Magazine, July/August 2010
—Tampa’s Top Attorneys 2011 by The National Law Journal, November 2010