David Hathaway

David P. Hathaway

Shareholder / Orlando

(407) 423-1831

David Hathaway

David P. Hathaway

Attorney / Orlando

(407) 423-1831



About David P. Hathaway

David is the Chair of the firm’s Litigation Department. He represents corporations and business professionals to resolve difficult disputes of almost any kind in both state and federal courts. He also represents trustees, personal representatives and family members in controversies regarding wills, trusts and estates. Finally, Dave counsels clients in intellectual property matters, frequently helping them apply for federal trademark registrations.

Experience Highlights

Represented a physician whose sister, an attorney, was serving as a trustee of the family trust. After hiring a forensic accountant, we learned the trustee had borrowed millions of dollars from the family trust without adequate security or any means for repayment. After a two-day evidentiary hearing, not only did we win a final judgment against her for the total loss but also obtained an equitable lien on her Florida real estate in order to foreclose and obtain a large financial recovery for the client.

Represented a charitable organization that was named as a beneficiary in a decedent’s trust. However, the decedent’s son challenged the bequest to our client on the basis that certain stock certificates representing the bulk of decedent’s assets were located in a safe deposit box which contained other items left for him. After taking substantial discovery, we won a motion for summary judgment, receiving not only the multi-million-dollar gift for our client, but also reimbursing more than $200,000 of our client’s attorneys’ fees out of the son’s share.

  • The Florida Bar - Business Law Section
  • Orange County Bar Association - Intellectual Property Section
  • Litigation Counsel of America (LCA) - Member, Senior Fellow
  • Orlando Carolina Club
  • Leadership Orlando, Class 70 - Graduate
  • Central Florida Partnership, former member
  • BusinessForce, former board member
  • Downtown Orlando Partnership, former governance chair

  • 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

  • Top Business Litigation Attorneys by Super Lawyers Magazine, 2014-2024
  • Litigation Counsel of America - Senior Fellow
  • Named Outstanding Commercial/Business Litigation Attorney in Florida Trend Magazine’s Legal Elite, 2015 and 2019
  • Recognized as an Outstanding Business Litigation Attorney by Florida Super Lawyers, 2011-2022
  • Martindale-Hubbell: Preeminent AV Rating
  • Named one of Orlando Family Magazine's Awesome Attorneys, Intellectual Property Law, 2023

  • 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

  • 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.
  • The Honorable Linda M. McGee, North Carolina Court of Appeals, Law Clerk, 1999-2000
  • The Chapel Hill Herald, Journalist, 1996

  • Quoted in "Scammers pretend to be Ocala lottery winner," Ocala StarBanner, October 3, 2020
  • Quoted in "Powerball jackpot winner files lawsuit against online scammers who used her name to steal during pandemic," ABC Action News, September 25, 2020
  • Quoted in "'It's a Despicable, Despicable Scam' Says Man Lured in Ocala Powerball Scheme," ClickOrlando / WKMG News 6, August 5, 2020
  • Quoted in "Scammers Use Ocala Powerball Winners's Image to Steal Money, Lawsuit Claims," ClickOrlando / WKMG News 6, July 15, 2020
  • “A Five-Step Inquiry for Filing Confidential Information in a Civil Case,” The Briefs, a publication of the Orange County Bar Association, July 2018
  • 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

  • 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

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