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T. Todd Pittenger

Partner 
420 South Orange Avenue
Suite 1200
Orlando, FL 32801
 
Tel:
407.423.4000
Fax:
407.843.6610
 
 

Todd Pittenger has nearly 30 years of experience handling business litigation matters in state and federal courts throughout Florida and elsewhere. Todd Pittenger's mission is to meet client-set objectives, resolve business litigation and avoid costly consequences. Todd Pittenger's practice includes commercial matters of all kinds and descriptions, with a focus on business court cases, federal question and diversity cases, class action defense, and intellectual property litigation. Todd Pittenger is Board Certified by The Florida Bar in Business Litigation, a past president of the Federal Bar Association Orlando Chapter, and has served as the Eleventh Circuit vice-president for the national Federal Bar Association.
 
Representative Experience
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Representation of litigants in more than 80 federal and/or diversity cases in Florida federal courts, including more than 20 patent infringement and other significant intellectual property claims.
 
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Representation of litigants in more than 40 appeals in Florida State and Federal Appellate Courts.
 
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Representation of litigants in more than 50 Orange County Florida Business Court cases and the defense of 20 class action cases.
 
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Representation of fifty percent owners of deadlocked limited liability companies in insurance agency business in a breach of duty dispute with co-owners that was resolved through expeditious settlement of multiple lawsuits.
 
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Representation of statewide business in constitutional challenge which invalidated ordinance on impairment of contract grounds at trial and on appeal.
 
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Representation of client in the defense of a Florida Labor Pool Act class action brought by national plaintiffs firm, and also handled Fourth DCA and Florida Supreme Court statutory construction appeal.
 
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Representation of client in the defense of a class certification in a $52 million Interstate Land Sales Full Disclosure Act (ILSA) case that sought subdivision-wide rescission and damages relief after bench trial.
 
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Representation of developer in defense of state court class action brought by homeowners in subdivisions built on formerly used defense site known as Pine Castle Jeep Range.
 
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Representation of developer in state court certiorari challenge involving a building permit moratorium, and in a federal court CERCLA lawsuit, to recover response costs from the United States Department of Defense that resulted from developer initiated clean-up of munitions and ordnance on Formerly Used Defense Site known as Pinecastle Jeep Range.
 
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Representation of developer in defense of $11 million alleged construction defect claim that included non-jury trial on counterclaim against homeowners association for violation of HOA Act.
 
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Representation of client in the negotiation of a nationwide Federal Consumer Leasing Act class action settlement for an auto maker that involved state law disclosure violation claims for 650,000 class members who received direct mail notice, including challenge from objector appeal.
 
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Representation of client and the advisor of a hotel REIT, and several other key defendants, in the defense of a consolidated federal securities class action challenging billions of dollars in transactions over a multiyear period.
 
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Representation as co-counsel for partners of limited partnerships in state court lawsuit involving a complex reverse merger transaction of restaurant REITs, and 45,000 partner class actions for breach of fiduciary duty.
 
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Representation of a cruise line in the defense of a nationwide deceptive and unfair trade practices claim involving alleged padding and fraudulent billing of port charges.
 
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Representation of client in the defense of a municipality in threatened class action alleging intentional wrongdoing concerning operation of Occupational Medical Clinic.
 
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Representation involving the defense of general partners of 18 income fund limited partnerships comprised of 42,000 limited partners, in a putative class action which challenged the proposed roll-up transaction into an already registered public company that was proposed to be listed on the New York Stock Exchange.
 
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Representation of client in a complex patent ownership and inventorship dispute that encompassed two federal and one state court lawsuit that culminated in a two week liability phase jury trial
 
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Representation of chemical manufacturing company client in defense of patent infringement jury trial that went to verdict, and in connection with post-trial evidentiary proceeding.
 
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Representation of professionals in pursuing million dollar claim against Community Redevelopment Agency, including post-judgment mandamus proceeding which led to settlement.
 
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Representation of a general partner of a lithotripsy medical partnership, in the defense of claimed Anti-Kickback Act violations by multiple limited partners.
 
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Representation of client in the defense of a long pending RICO and fraud action against individuals who founded a workers' compensation mutual insurance company in a suit for $30 million dollars that was premised on allegations of corporate looting and financial wrongdoing.
 
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Representation of attorney principal client in several multi-million dollar land trust related controversies including a lawsuit of a brokerage entity real estate commission that resulted in a commission being paid through settlement. Another matter involved the defense of a grievance proceeding alleging trust account misconduct.
 
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Representation of a factoring company in a multi-million dollar federal court lawsuit with a Fortune 500 account debtor in Federal Court, over actual and apparent authority and UCC issues. Genesis of dispute was that, unbeknownst to factor client, literally millions of factored invoices were for transactions that turned out to be fictitious.
 
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Representation of developer in defense of action brought by association which sought to enjoin multi-family development, purportedly based on Declaration of Restrictive Covenants. Handled action at trial level and on appeal, including prosecution of attorney's fee claim.
 
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Representation of client in a $20 million specific performance action against joint owners of a 450 acre parcel.
 
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Representation of a general partner of a hedge fund that was forced to liquidate positions due to portfolio manager misconduct.
 
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Representation of client, a Japanese-owned golf course company, in the defense of fraudulent transfer and proceedings supplementary brought in federal and state courts.
 
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Representation of clients in patent infringement and copyright infringement disputes relative to technology companies.
 
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Representation of developer defendants in a matter involving fraud, FDUTPA, ILSA anti-fraud, and misleading advertising claims brought in several cases by lot purchasers, followed by prosecution of attorney's fee shifting claims.
 
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Representation of guarantor in defense of $46 million claim that included $26 million Community Development District litigation.
 
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Representation of client in the defense of a flour manufacturer baker's asthma action brought on behalf of three groups of plaintiffs.
 
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Representation of plaintiffs and defendants in multi-million dollar breach of contract related tort litigation involving such matters as the defense of an Arab Sheik and related company.
 
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Representation involving the litigation of claims against insurance companies concerning policy coverage issues, as well as the prosecution and defense of telecommunication industry related software license and billing dispute cases.
 
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Representation of airline in defense of alleged inadequacy of merger consideration class action claims.
 
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Representation of commercial brokerage company in jury trial against land trust for significant real estate commission claim.
 
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Representation of nationwide technical vocational school in federal court lawsuit with student housing provider that involved the defense of a breach of contract claim with the successful defense that plaintiff had been properly terminated for its own contract breach.
 
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Representation of national retailer throughout Florida in the defense of consumer related federal and state statutory claims.
 
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Representation of client, a principal of a corporate general partner, in the defense of fraud claims which sought to impose liability for a million dollar indebtedness.
 
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Representation of 50% owner in disputes concerning management, operation, dissolution and winding up of four limited liability companies engaged in the billboard business in South Florida.
 
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Representation of landowner in the defense of claims, as well as prosecution of counter-claims, concerning a 150 acre borrow pit, including a 3 day trial resulting in a lack of standing disposition.
 
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Representation of personal representative that owned companies in prosecution of breach of fiduciary duty claims against corporate officer who engaged in self-dealing and ultra-vires transactions.
 
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Representation of worldwide electricity company as local counsel in the prosecution of a patent infringement lawsuit.
 
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Representation of medical device company as local counsel in the defense of consolidated patent infringement lawsuits.
 
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Representation as local counsel of technology company that succeeded to government contract and was then sued by displaced provider in both federal court for copyright infringement and in State Business Court for the usurpation of trade secrets.
 
Awards & Recognition
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Board Certified in Business Litigation since 2005, The Florida Bar Board of Legal Specialization and Education
 
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Litigation Counsel of America, Fellow
 
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The Best Lawyers in America 2008-2018, Listed in Florida for Commercial Litigation, Litigation - Intellectual Property, and Real Estate Law
 
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Super Lawyers Magazine 2006-2017, Listed in Florida for Business Litigation
 
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Florida Trend's Legal Elite 2009, Listed for Commercial Litigation
 
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Martindale-Hubbell, AV Rated since 1998
 
Professional Memberships & Activities
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National Institute for Trial Advocacy's Advanced Advocates Program, Washington DC, 2015
 
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Coalition for the Homeless of Central Florida, Board of Directors (2013-2019); Executive Committee (2016-2019)
 
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St. Michael's Episcopal Church, New Rector Search Committee (2014-2015), and Vestry Member (2016-2019)
 
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Legal Aid Society of the Orange County Bar Association, Guardian Ad Litem Program, Volunteer
 
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National Federal Bar Association, Eleventh Circuit, Past Vice-President, 2006-2008
 
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Federal Bar Association, Orlando Chapter, Past President, 2003-2005
 
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American Bar Foundation, Fellow
 
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Orange County Bar Association, Member
 
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Litigation Counsel of America, Fellow
 
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The George C. Young First Central Florida American Inn of Court, Member
 
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Middle District of Florida, Orlando Division 2003-2005, Federal Judicial Relations Committee, Chairman
 
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Middle District of Florida 2003-2005, Bench and Bar Committee, Member
 
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American Bar Association, Nationwide Annual State Class Action Law Survey, Supervising Editor and Coordinating Editor
 
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The Florida Bar, Trial Lawyers and Business Law Sections, Member
 
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Defense Research Institute, Member
 
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NITA Robert F. Hanley Advanced Trial Skills Program in Boulder, Colorado, 1997, 2003, Graduate
 
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Leadership Orlando, Class of 1999, Graduate
 
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Leadership Winter Park, Class XI
 
Public Decisions
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Osceola County v. Metropolitan Systems, Inc., 156 So.3d 1103 (Fla. 5th DCA 2015)
 
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Brevard Land Materials, Inc. v. Boruch-David, LLC, 135 So.3d 578 (Fla. 5th DCA 2014)
 
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InDyne, Inc. v. Abacus Technology Corp., 2014 WL 1400658 (M.D. Fla. 2014), aff'd 587 Fed. App'x 552 (11th Cir. 2014)
 
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InDyne, Inc. v. Abacus Technology Corp., 875 F. Supp. 2d 1278 (M.D. Fla. 2012), aff'd 513 Fed. App'x 858 (11th Cir. 2013)
 
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Housing and Residence Life v. Universal Technical Institute of Phoenix, 2013 WL 4506395 (M.D. Fla. 2013)
 
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Orlando Lake Forest Joint Venture vs. Lake Forest Master Community, 105 So.3d 646 (Fla. 5th DCA 2013)
 
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Environmental Manufacturing Solutions, LLC vs. Peach State Labs, Inc., 2011 WL 1262659 (M.D. Fla. 2011)
 
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Harry Overton v. Dennis Kebbel, 72 So.3d 782 (Fla. 5th DCA 2011)
 
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Robert Lewis et. al. vs. James M. Seneff, Jr., Robert A. Bourne, CNL Realty Corporation, et. al., 654 F.Supp.2d 1349 (M.D. Fla. 2009)
 
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Ann Eppinger v. Douglas Sealy, et. al., 25 So.3d 69 (Fla. 2nd DCA 2009)
 
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Lake Forest Master Community Ass'n v. Orlando Lake Forest Joint Venture , 10 So.3d 1187 (Fla. 5th DCA 2009)
 
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Isar Meitis v. Park Square Enterprises, Inc., 2009 WL 3367335 (M.D. Fla. 2009)
 
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Larry Liner v. Workers Temporary Staffing, Inc., 990 So.2d 473 (Fla. 2008)
 
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Earl A. Rambaran v. Park Square Enterprises, Inc., 2008 WL 4371356 (M.D. Fla. 2008)
 
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Larry Liner v. Workers Temporary Staffing, Inc., 962 So.2d 344 (Fla. 4DCA 2007)
 
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Florida Digital Network, Inc. vs. Northern Telecom, Inc., 2007 WL 604983 (M.D. Fla. 2007)
 
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In re CNL Hotels & Resorts, Inc., 2005 WL 2291729 (M.D. Fla. 2005)
 
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Mayfair International, Inc. vs. David Del Gardo, 864 So.2d 1239 (Fla. 5th DCA 2004)
 
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Diamond R. Fertilizer co., Inc. vs. Lake Packing Partnership, 743 So.2d 547 (Fla. 5th DCA 1999)
 
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Sanwa Bank, Ltd. vs. Shigeru Kato, Sunshine State Holdings, Inc., et. al, 734 So.2d 557 (Fla. 5th DCA 1999)
 
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Southeast Medical Products, Inc. v. Williams, 718 So.2d 306 (Fla. 2nd DCA 1998)
 
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Instrumentation Services, Inc. v. Data Management Associates, Inc., 708 So.2d 1018 (Fla. 4th DCA 1998)
 
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Pavel Sebor vs. Dieter Rief, 706 So.2d 52 (Fla. 5th DCA 1998)
 
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Sheik Bin Mohammed Al Nahyan Suroor v. First Investment Corporation, 700 So.2d 139 (Fla. 5th DCA 1997)
 
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Sheik Bin Mohammed Al Nahyan Suroor v. First Investment Corporation, 701 So.2d 561 (Fla. 5th DCA 1997)
 
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Enrique Diaz v. William J. Sheppard, 85 F.3d 1502 (11th Cir. 1996)
 
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Bellsouth Advertising and Publishing Corp. vs. Unemployment Appeals Com'n, 654 So.2d 292 (Fla. 5th DCA 1995)
 
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Kishor Pathare v. Grady Goolsby, 602 So.2d 1345 (Fla. 5th DCA 1992)
 
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Southeast Seminole Civic Assn., Inc. v. W. A. Adkins, 604 So.2d 523 (Fla. 5th DCA 1992)
 

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T. Todd  Pittenger

Practice
Litigation
Education
J.D., University of North Carolina School of Law, 1988
B.A., Rollins College, 1985; cum laude
Bar Admissions
Florida
 
 
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