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David P. Hathaway

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Mr. Hathaway is the Chair of the firm’s Litigation Department and he also leads the Trust and Estate Litigation Practice Group. He represents corporations and business people to resolve difficult disputes of almost any kind in both state and federal courts. Mr. Hathaway also represents trustees, personal representatives and family members in controversies regarding wills, trusts and estates. Finally, Mr. Hathaway counsels a number of clients in intellectual property matters, frequently helping them apply for federal trademark registrations.


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Additional Representative Experience

Significant Representations

  • Defended the majority shareholder of the Daytona Beach News-Journal for a finding of no liability to pay more than $1.7 million in damages that had been awarded to the minority shareholder during a four-year federal lawsuit reported in the Orlando Sentinel and the Daytona Beach News-Journal on April 30, 2009.  (U.S. District Court for Middle District of Florida).
  • Obtained settlement worth more than $4.3 million for biomedical company in contract dispute with large non-profit corporation from out of state.  (U.S. District Court for Middle District of Florida).
  • Represented lifetime trust beneficiary to secure judicial reformation of a trust that had been substantially modified to reduce her benefits by more than $1.8 million only weeks before the testator’s death. (Sumter County, FL)
  • Defended client from trade secret claims, as well as extensive e-discovery through independent computer examiner, in billion-dollar litigation against major defense contractor represented by multiple law firms.  (U.S. District Court for Middle District of Florida.)
  • Drafted arguments for plaintiffs in trial court’s decision to strike down city ordinance regulating on-site retention of shopping carts as discussed in The Wall Street Journal on Wednesday, June 30, 2004. (Osceola County, Florida.)
  • Represented client in a trial granting client the right to obtain an accounting from corporation and business associate who had challenged the nature of their legal relationship.  (Orange County Business Court, Florida.)
  • Defended publicly-traded medical device manufacturer from invasive discovery tactics employed by parties to multiple lawsuits, as reported in Fortune Magazine and http://www.Money.CNN.com on February 6, 2008.  (Palm Beach County, Florida.)
  • Obtained injunction against ex-employee from violating non-competition agreement with major Florida corporation and required restoration of all customer relationships with former employer.  (Orange County Business Court, Florida.)
  • Defended constitutional rights of advertising business that uses new technology against alleged statutory violations, as discussed in the Orlando Sentinel from February 12-15, 2008.  (Orange County and Seminole County, Florida.)
  • Achieved disposition of claims against publicly-traded company for alleged violations of Fair Credit Reporting Act. (U.S. District Court for Middle District of Florida.)
  • Obtained final judgment for plaintiffs against bonding agency and its president involving six-figure note, stock, bond premiums, collateral and remissions of forfeiture. (Orange County, Florida.)
  • Represented local physician in a trial against multi-billion dollar company that is one of the world’s largest clinical laboratories, publicly traded on the New York Stock Exchange. (Seminole County, Florida.)
  • Represented client in a settlement against contractors in arbitration involving collapse of a home during renovations in an exclusive residential area of Winter Park. (American Arbitration Association.)
  • Obtained dismissal of action brought by former employer against executive for alleged breach of non-compete agreement. (Seminole County, Florida.)
  • Recovered expensive equipment for corporation that separated from other entity involved in asset purchase agreement. (Orange County, Florida.)
  • Assisted local contractor with removing former customer’s disparaging Web site from Internet.
  • Enforced trademarks and service marks for several high-profile local businesses, and defended clients from claims of trademark infringement asserted by major corporations.

Professional and Civic Activities

  • The Florida Bar
    • Business Law Section
  • Orange County Bar Association
    • Intellectual Property Section
  • Orlando Carolina Club
  • Leadership Orlando, Class 70 - Graduate
  • Central Florida Partnership
  • BusinessForce, Board of Directors
  • Downtown Orlando Partnership, Board of Directors

Charitable and Pro Bono Service

  • Victim Service Center of Central Florida
    • Men's Violence Prevention - Host Committee

 

Education

  • J.D.: University of North Carolina School of Law, Chapel Hill, North Carolina, with honors, 1999
    • North Carolina Law Review, 1997-1999
  • Undergraduate Degree: Bachelor of Arts, University of North Carolina at Chapel Hill, Chapel Hill, North Carolina, with honors, 1995

Bar Admissions

  • Florida
  • U.S. Supreme Court
  • U.S. Court of Appeals 11th Circuit
  • U.S. Court of Appeals Federal Circuit
  • U.S. District Court Northern District of Florida
  • U.S. District Court Middle District of Florida
  • U.S. District Court Southern District of Florida

Prior Legal Experience

  • The Honorable Linda M. McGee, North Carolina Court of Appeals, Law Clerk, 1999-2000

Prior Business Experience

  • The Chapel Hill Herald, Journalist, 1996

Recognition & Awards

  • Litigation Counsel of America - Fellow
  • Named Outstanding Commercial/Business Litigation Attorney in Florida Trend Magazine’s Legal Elite, 2015
  • Recognized as an Outstanding Business Litigation Attorney by Florida Super Lawyers, 2011-2017
  • Martindale-Hubbell: Preeminent AV Rating

Speaking Engagements

  • Copyrighting and Intellectual Property for Associated Builders and Contractors, Inc., presented to Central Florida Chapter on Feb. 22, 2018
  • Intellectual Property Primer for FSBAA, presented to the Florida School Board Attorneys Association on August 18, 2017 at Lido Beach Resort, Sarasota, Florida
  • What Trustees Should Know about Florida’s New Attorneys’ Fee Statute, co-presented with David J. Akins, Dean Mead Trust & Estate Litigation Seminar, October 19, 2010
  • Employee Privacy in the Workplace, presented to the Southwest Insulation Contractors Association (SWICA) on June 6, 2009 at Ginn Hammock Resort, Palm Coast, Florida
  • Employee Privacy in the Workplace, presented to the Southeast group (SEICA) on June 22, 2009 at the Wild Dunes Resort in South Carolina

Publications

  • Quoted in “SeaWorld Fraud Lawsuits Could Be Tough For Consumers to Win,” Orlando Sentinel, May 5, 2015
  • Five Tips for Clients Who Are Considering a New Trademark, the Briefs, Vol. 83 No. 2, a publication of the Orange County Bar Association, February 2015
  • 5 Key Factors in Deciding Whether to File a Business Lawsuit, online edition of the Orlando Business Journal, June 6th, 2014
  • “Making Sense of E-Discovery: 10 Steps for Producing ESI,” published as a two-part series in March and April 2014, The Briefs, a publication of the Orange County Bar Association
  • 15 Tips for a Successful Mediation, published as four-part series in September, October, and November 2013, and January 2014, the Briefs, a publication of the Orange County Bar Association
  • What Trustees Should Know about Florida’s New Attorneys’ Fee Statute, co-authored by David J. Akins and David P. Hathaway, the Briefs, Vol. 78, No. 10, a publication of the Orange County Bar Association, October 2010
  • What the Obama “Hope” Poster Teaches Us About Copyright Law, Dean Mead Newsletter, February, 2010
  • Make It an Even 10: Courts Rely on More Than the Seven Carpenter Factors to Analyze a Claim for Undue Influence of a Will or Trust, The Florida Bar Journal, Vol. 83, No. 6, June, 2009
  • Protecting the Attorney-Client Privilege in the Workplace, co-authored with Lindsay J. Dykstra, Legal Update, Fourth Quarter 2008
  • Covering Your Assets, (Contributor), First Monday Magazine, June, 2006
  • Use a Checklist for Quality Control in Writing Memos, The Young Lawyer, July/August, 2004
  • Is a Competitor Using Your Written Business Materials?, Legal Update, Summer, 2004
  • Using Trademarks to Protect Your Products and Services, Legal Update, Summer, 2003
  • Comment, Is the North Carolina Trade Secrets Protection Act Itself a Secret, and is the Act Worth Protecting?,77 N.C. L. Rev. 2149, 1999