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David I. Spector

Partner 
Co-Chair, Fraud & Recovery Practice Group
Three Brickell City Centre
98 Southeast Seventh Street
Suite 1100
Miami, FL 33131
 
Tel:
305.982.5621
Fax:
305.374.5095
 
777 South Flagler Drive
Suite 1100 West Tower
West Palm Beach, FL 33401

David Spector is the founding co-chair of Akerman’s Fraud and Recovery Practice Group, an innovative legal team dedicated to the investigation and eradication of fraud. He is also a member of the firm's board of directors and will succeed Andrew Smulian as chairman and CEO in February 2018. An accomplished trial lawyer, David litigates complex fraud schemes and unfair and deceptive practices on behalf of property and casualty and health insurers, financial institutions, self-insured retailers, and other market leaders operating in the United States.

David's national work in plaintiff-side fraud investigation and litigation has led to the development of case law that helps corporations recover financial losses caused by fraudulent acts. In such fraud related matters, he has served as lead trial counsel which resulted in favorable verdicts for his clients, as well as obtained summary judgments relating to unlawful ownership structure of healthcare providers, medical legal referral services, statutory obligations of medical directors, and the submission of fraudulent claims to insurers. David regularly collaborates with his clients to develop investigatory methods to identify patterns of fraudulent behavior.

In addition, David has significant experience in complex commercial litigation and defending law firms from claims of legal malpractice and breach of fiduciary duties — one of which resulted in the striking of his opponents' pleadings in a case valued at more than $1 billion.

David has earned notable rankings in Chambers USA, Best Lawyers, and other industry publications.
 
Representative Experience
 
Notable Work
 
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Affirmative Litigation: Represented the nation’s largest property and casualty insurance company in the first attempt by the insurance sector to sue a medical legal referral service in connection with the submission of alleged fraudulent claims in violation of Florida’s self-referral laws.
 
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Precedent-Setting Ruling: Represented the nation’s largest property and casualty insurance company at trial and before the 11th Circuit Court of Appeal, and established the factors used to determine the true owner of a healthcare provider to ensure proper licensing.
 
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High Exposure Professional Liability: Represented international law firm in a bench trial in defense of legal malpractice, breach of fiduciary duty, and fraud claims arising out of an oil and gas venture representation in which damages were claimed to be $1.15 billion.
 
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Trade Secrets Defense: Represented a biotech company through a jury trial in defense of breach of contract, trade secret, conversion, and patent infringement claims resulting from joint venture to promote new pharmaceutical products in which plaintiffs sought $82 million in economic damages – which resulted in the striking of the plaintiff's damage expert.
 
 
Healthcare and Personal Injury Fraud
 
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Affirmative Litigation: Represented a national insurance company in an affirmative federal fraud case. Obtained summary judgment in favor of the plaintiff and established law that provides a clinic license obtained by fraud is void ab initio.
 
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Liability Precedent: Represented a national insurance company in establishing that liability is joint and several among all defendants that participate in a scheme to defraud an insurer.
 
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Fraud Recovery: Represented a property and casualty insurer in action to recover insurance benefits paid to health care providers and clinic for services that were allegedly unlawful as the clinic was not properly licensed.
 
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RICO, Fraud, and Deceptive Trade Practices: Represented clients in prosecuting RICO, fraud, and deceptive trade practice claims, including action on behalf of insurance carriers seeking in excess of $35 million in damages against physicians, surgery centers, and medical practice managers for certain spinal procedures performed on personal injury claimants.
 
 
Complex Litigation
 
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Breach of Fiduciary Duty: Represented a 50 percent managing member in claims alleging breach of fiduciary duty, defamation, and breach of Florida's LLC Act arising from restructuring of international aviation company.
 
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Corporate Control and Intellectual Property: Represented a client in defense of action brought by minority interest holder in challenge for corporate control of entity and intellectual property rights to FDA-cleared medical device.
 
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Law Firm Partnership Dispute: Represented a client in defense of federal court litigation against the board of directors of a New York-based international law firm facing claims of breach of fiduciary duty asserted by former equity partners (New York and Florida law).
 
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Joint Venture Dispute: Represented a publicly traded software company in litigation alleging breach of contract, fraud, and request for receiver brought by former joint venture partner.
 
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Fraudulent Transfers: Represented a client in multi-case litigation alleging claims of fraudulent transfers with investments made in residential development entity and fraud claims brought against opposing 50% member in LLC.
 
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Consumer Fraud: Represented a publicly traded international office supply retailer in defense of claims of consumer fraud and unfair and deceptive trade practices relating to pricing mechanisms.
 
 
Professional Liability Defense
 
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Legal Malpractice: Represented an intellectual property attorney in a jury trial in defense of legal malpractice claims arising out of multiple patent application and prosecution proceedings in which damages were claimed to exceed $80 million (Maryland, Utah, Virginia, and federal patent law).
 
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Legal Malpractice: Represented an international law firm in claims of breach of fiduciary duty and legal malpractice arising from trust and estate representation resulting in a denial of claim for punitive damages (New York and Florida law).
 
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Legal Malpractice: Represented an Ohio-based national law firm in defense of alleged malpractice in which plaintiff claimed damages of approximately $40 million.
 
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Legal Malpractice: Represented an admiralty and maritime law firm in defense of alleged malpractice in multiple engagements for owner of 120-foot luxury yacht in connection with litigation relating to liability of the vessel owner.
 
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Design/Build Professional Negligence: Represented an international design/build engineering firm in professional negligence claims with design of Sawgrass Expressway Re-Design project.
 
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Construction Design Professional Negligence: Represented a design/build engineering firm in claims for professional negligence in the construction design of Martin County bridge project.
 
 
Employment Litigation
 
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Whistleblower: Represented an international pharmaceutical company in defense of whistleblower action arising out of marketing and sales practices relating to Oxycontin©. The case was tried to verdict in a multi-week federal jury trial, which resulted in a defense verdict
 
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Harassment, Discrimination, and Retaliation: Represented an international, publicly traded home improvement retailer in defense of multiple employment suits, including claims for sexual harassment, race discrimination, disability discrimination, and retaliation.
 
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Non-Compete: Represented a large statewide insurance agency in multiple actions to enforce non-compete agreements and protect the client's trade secrets.
 
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Discrimination: Represented an international entertainment and retail corporation in the defense of discrimination charges and prosecution by the Civil Rights Division of a large municipality.
 
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Federal and California Wage and Hour: Represented an international entertainment and retail corporation in California wage and hour class action applying various exemptions under both California and federal law.
 
Awards & Recognition
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Florida Trend's Legal Elite, 2005, 2008-2009, 2011, 2013, 2016, Listed for Commercial Litigation; 2017, Listed for Insurance
 
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Chambers USA 2013-2016, Ranked in Florida for Litigation: General Commercial
 
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Chambers USA 2011-2015, Ranked in Florida for Labor & Employment
 
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The Best Lawyers in America 2013-2017, Listed in Florida for Commercial Litigation
 
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The Best Lawyers in America 2014-2016, Listed in Florida for Litigation - Labor & Employment
 
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Super Lawyers Magazine 2006-2017 Listed in Florida for General Litigation and Employment Litigation - Defense
 
Published Works & Lectures
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The Network of Trial Law Firms, Litigation Management: Getting Great Results, Presenter, "Fraud Schemes: Not If But When," April 2016
 
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Akerman Twentieth Annual Labor & Employment Law Seminar, Presenter, "Employment Law Trends: What Employers Need to Know," September 2015
 
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The Network of Trial Law Firms, Litigation Management Supercourse, Presenter, "You Have the Right to Remain Silent - Sometimes: The Implication of Invoking the Fifth Amendment Privilege," April 2014
 
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Akerman Nineteenth Annual Labor & Employment Law Seminar, Presenter, "Employment Litigation Trends," April 2014
 
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Akerman Eighteenth Annual Labor & Employment Law Seminar, Presenter, "Mock Jury Trial of a Retaliation Claim," April 2013
 
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Akerman Labor & Employment Law Seminar, Presenter, "Privacy Rights in the Workplace," February 2012
 
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The Network of Trial Law Firms, Co-Author and Continuing Education Presenter, "Areas of Ethical Morass for In-House Counsel," August 2011
 
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American Bar Association, Continuing Education Seminar Co-Presenter, "What You Say About Your Clients Can Come Back to Haunt You: Internal Firm Communications and the Limits of Attorney-Client Privilege," July 2011
 
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Akerman Sixteenth Annual Labor & Employment Law Seminar, Presenter, "(Dis)Order in the Court! Mock Trial of a Sexual Harassment Case," April 2011
 
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Akerman Client Seminar, Speaker, "Wage & Hour Update: Latest Trends and Compliance Tips," October 2010
 
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Akerman Fifteenth Annual Labor & Employment Law Seminar, Presenter, "Retaliation and Whistleblower Claims: A Growing Problem for Employers" May 2010
 
Professional Memberships & Activities
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Association of Certified Fraud Examiners, Member
 
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American Bar Association, Standing Committee of Lawyers' Professional Responsibility, Past Member
 
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Opportunity Inc., Past Board Member
 
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Center for Family Services, Past Board Member
 
Public Decisions
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State Farm Mutual Automobile Insurance Company vs. Brown, 2017 WL 1291995 (S.D. Fla. Mar. 29, 2017)
 
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First Choice Care Chiropractic and Rehabilitation Center, Inc., et al., v. State Farm Mutual Automobile Insurance Company, 2016 WL 3766603 (Fla. 2d DCA 2016)
 
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State Farm Mutual Automobile Insurance Company and State Farm Fire & Casualty Company v. B&A Diagnostic, Inc., et al., 2015 WL 2217312 --- F.Supp.3d --- (S.D.Fla. 2015)
 
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State Farm Mutual Automobile Insurance Company and State Farm Fire & Casualty Company v. Medical Service Center of Florida, Inc., et al., 2015 WL 2170396 --- F.Supp.3d --- (S.D.Fla. 2015)
 
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State Farm Mutual Automobile Insurance Company and State Farm Fire & Casualty Company v. Physicians Group of Sarasota et al., ___ F.Supp.2d ___, 2014 WL 1236240 (M.D. Fla. March 25, 2014)
 
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State Farm Mutual Automobile Insurance Company, et al. v. A & J Medical Center, Inc., et al., 2014 WL 2025799 (S.D.Fla.)
 
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Steve J. Retterath v. Homeland Energy Solutions, LLC, et al., 2014 WL 7776705 (S.D.Iowa)
 
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State Farm Fire & Casualty Company v. Silver Star Health and Rehab et al., 2013 WL 3989107 (11th Cir. 2013)
 
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State Farm Mut. Auto. Ins. Co. v. Kugler, 2012 WL 3879888 (S.D. Fla. Sept. 7, 2012)
 
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State Farm Mut. Auto. Ins. Co. v. Kugler, 2011 WL 4389915 (S.D. Fla. Sept. 21, 2011)
 
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Yueh-Mei Kim Nutter, P.A. v. Schober, 2011 WL 1474864 (S.D. Fla. Feb. 4, 2011)
 
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Alphastaff, Inc. v. McDonie, 2010 WL 7368045 (Fla. 17th Jud. Ct. Sept. 27, 2010)
 
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Leor Exploration & Production, LLC v. Aguiar, 2010 WL 3522053 (S.D. Fla. Sept. 8, 2010)
 
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Leor Exploration & Production LLC v. Aguiar, 2010 WL 2605087 (S.D. Fla. June 29, 2010)
 
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American Silver, LLC v. General Resonance, LLC, 2010 WL 4974973 (D. Md. May 17, 2010)
 
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White v. Buckingham Doolittle & Burroughs, LLP, 2010 WL 3823479 (Fla. Cir. Ct. April 16, 2010)
 
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Cox Enterprises, Inc. v. News-Journal Corp., 2009 WL 5173524 (M.D. Fla. Dec. 30, 2009)
 
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Leor Exploration & Production LLC v. Aguiar, 2009 WL 3097207 (S.D. Fla. Sept. 23, 2009)
 
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Equity Lifestyle Properties, Inc. v. Florida Mowing & Landscape Service, Inc., 556 F.3d 1232 (11th Cir. 2009)
 
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Equity Lifestyle Properties, Inc. v. Florida Mowing & Landscape Service, Inc., 2009 WL 256397 (M.D. Fla. Feb. 3, 2009)
 
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Neuman v. Travel Holdings, Inc., 2008 WL 516709 (M.D. Fla. Feb. 22, 2008)
 
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Equity Lifestyle Properties, Inc. v. Florida Mowing & Landscape Service, Inc., 2007 WL 419689 (M.D. Fla. Feb. 2, 2007)
 
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Equity Lifestyle Properties, Inc. v. Florida Mowing & Landscape Service, Inc., 2006 WL 2982872 (M.D. Fla. Oct. 17, 2006)
 
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White v. Purdue Pharma, Inc., 369 F. Supp. 2d 1335 (M.D. Fla. 2005)
 
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Ortega v. Florida Unemployment Appeals Com'n, 884 So .2d 503 (Fla. 1st DCA 2004)
 
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Harris v. Florida Elections Com'n, 235 F.3d 578 (11th Cir. 2000)
 
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Fladell v. Palm Beach County Canvassing Bd.., 772 So. 2d 1240 (Fla. 2000)
 
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Cohen v. Majestic Distilling Co., Inc., 765 So. 2d 276 (Fla. 4th DCA 2000)
 

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David I. Spector

Practice
Fraud & Recovery
Education
J.D., University of Miami School of Law, 1996
B.S., Syracuse University, 1993
Bar Admissions
Florida
 
 
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