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James M. McCann

Partner 
777 South Flagler Drive
Suite 1100 West Tower
West Palm Beach, FL 33401
 
Tel:
561.671.3602
Fax:
561.651.1523
Cell:
561.379.5980
 
 

Jim McCann has assisted clients in resolving individual and business disputes for over 35 years. He is board certified by The Florida Bar in Business Litigation. He began his practice in Miami and moved to Palm Beach County in 1990, starting the Akerman Office in Palm Beach. Jim is recognized for his handling of bench and jury trials, appeals, and dispute resolution in a wide variety of cases throughout the state. Jim is the past Chair of Akerman's Litigation practice and has been recognized by The Best Lawyers in America for Commercial Litigation.

Jim's litigation experience includes the areas of: alternative dispute resolution, appellate, class action, construction, financial institutions, healthcare, intellectual property, products and professional liability and personal injury, real estate including foreclosures and tax assessment challenges, securities, corporate and partnership disputes, and trust and estates.
 
Representative Experience
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Defense of multi-national companies in defense of products liability, mass tort, and class actions, including the defense of Ford Pinto cases, Jeep roll-over claims, and B.A.T. Industries, and British American Tobacco in the State of Florida tobacco litigation in Palm Beach County, and in over 40 tobacco lawsuits by labor unions and Latin American countries and cities in state and federal courts. State of Florida v. American Tobacco Company, et al., 707 So. 2d 851 (Fla. 4th DCA).
 
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Representation of hospitals and health care providers in medical staff bylaws, tortious interference and business tort claims. University of Miami, Inc. v. Spunberg, 784 So. 2d 541 (Fla. 4th DCA).
 
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Representation of business and individuals in business tort, securities and partnership disputes, and contractual and distributorship litigation. Union Oil of California v. Watson, 468 So. 2d 349 (Fla. 3rd DCA) (leading Florida case on malicious prosecution); Wagner, Nugent v. Flanagan, 629 So. 2d 113 (Fla. S.C.) (leading case on business defamation); Bell Atlantic v. Associated Data, 714 So. 2d 523 (Fla. 4th DCA) (distribution agreements).
 
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Representation of banking and financial institutions in mortgage foreclosure and secured and unsecured claims, including defense of lender liability, fiduciary duty and bad faith counterclaims. Williams v. First Union, 591 So. 2d 1137 (Fla. 4th DCA) (first case upholding constitutionality of F. S. §697.07, enforcement of assignment of rents in mortgage); Maxwell v. First United Bank, 782 So. 2d 931 (Fla. 4th DCA) (leading Florida case defining fiduciary duties of bank).
 
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Representation of insurers and insureds in interpretation of policies and coverage disputes. Ranger v. Bal Harbour, 509 So. 2d 945 (Fla. 3rd DCA); 549 So. 2d 1005 (Fla. S.C.) (leading case on coverage for intentional acts and public policy nullification).
 
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Representation of lawyers and law firms in legal malpractice defense claims. Substantial experience as in-house loss prevention counsel for Mershon, Sawyer Firm.
 
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Representation of landowner in first condemnation proceeding under Florida's Conservation and Recreational Lands Act, resulting in an enhanced award of $6,650,000, following a jury trial.
 
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Representation of agribusiness entity in litigation concerning a $2.5 million damages claim due to improper use of herbicides.
 
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Representation of shareholders in litigation concerning a $10 million shareholder derivative action involving common law fraud and securities fraud in the sale of stock in a surgical and laser center, and claims for individual damages arising from electronic audio and video surveillance placed by Defendant. Florida Eye Institute v. Paul Minotty, Circuit Court, 19th Judicial Circuit in and for Vero Beach, FL.
 
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Representation of horse show promoter in litigation concerning and sale of show licenses for Wellington Winter Equestrian Festival.
 
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Representation of property owners, contractors, developers and insurers in disputes involving construction defects and mold damage.
 
Awards & Recognition
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Board Certified in Business Litigation, The Florida Bar Board of Legal Specialization and Education
 
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The Best Lawyers in America 2010-2018, Listed in Florida for Commercial Litigation and Litigation - Intellectual Property
 
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Super Lawyers Magazine 2006-2011, 2017, Listed in Florida for Business Litigation
 
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The Best Lawyers in America 2014, Named as "Lawyer of the Year" for Litigation - Intellectual Property in West Palm Beach
 
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Martindale-Hubbell, AV Rated
 
Publications & Lectures
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Editor and reviser of chapters on Noncompetition Agreements and Trade Secrets - Misappropriation and Litigation in Matthew-Bender's Business Law Monographs, Intellectual Property Series
 
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Frequent teacher and seminar participant on trial tactics, ethics, and substantive law topics within firm, bar associations, and civic groups
 
Professional Memberships & Activities
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Fifteenth Circuit Judicial Nominating Commission, Member
 
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Akerman Litigation Department, Steering Committee, Past Chair
 
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American Bar Association, Member
 
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Business Development Board, Palm Beach County, Florida, Member
 
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Defense Research Institute, Business Litigation Committee, Member
 
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Illinois Bar Association, Member
 
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Palm Beach County Bar Association, Member; Circuit Civil Committee, Past Chair; Professionalism Committee, Member; Alternative Dispute Committee, Member
 
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Florida Bar Association, Member; Business Litigation Certification Committee, Member
 
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Sorin Society, University of Notre Dame, South Bend, Indiana, Member
 



James M. McCann

Practice
Litigation
Representative Clients
British American Tobacco, LLC
Delaware North Corporation
GMAC Real Estate, LLC
Saint Gobain Corporation
Education
J.D., University of Illinois College of Law; University of Illinois Law Forum, Member of the Board and Editor, 1972-1974
B.S., Southern Illinois University at Carbondale
Bar Admissions
Illinois
Florida
 
 
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