Hathaway, David P.

Your profile? Update now
Updated 8/12/2009

firm image

Dean, Mead, Egerton, Bloodworth, Capouano & Bozarth, P.A.

800 North Magnolia Avenue
Suite 1500

Orlando, FL 32803

Phone: 407-428-5124

Fax: (407) 423-1831

dhathaway@deanmead.com


Summary

Current Employment Position(s)

Shareholder

Lawyer Overview

Areas of Practice:
Arbitration
Business Torts
Complex Commercial Litigation
Copyright Infringement
Creditors' Rights
Directors' and Officers' Liability
Employment Litigation
Intellectual Property
Landlord/Tenant Matters
Non-Compete Agreements
Probate Litigation
Quiet Title Actions
Real Estate Litigation
Shareholders' Rights
Trademark Registration
Trade Name Litigation
Trade Secrets
Unfair Competition
Will Contests

Significant Representations:
Successfully 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)

Successfully 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 winning arguments for plaintiffs in striking 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.)

Won 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 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 favorable 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.)

Won case for local physician 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.)

Recovered sizable 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.)

Successfully 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.

West Practice Categories

Antitrust & Trade Regulation, Unfair Competition, Business & Commercial Law, Intellectual Property Law, Copyrights, Trade Secrets, Trademarks

Qualifications

Bar Admissions

  • Florida
  • U.S. Supreme Court
  • U.S. Court of Appeals 11th 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

Professional Associations and Memberships

  • Orange County Bar Association (Member)
  • Roper YMCA, 2004 - 2007 (Executive Board)
  • Leadership Orlando, Class 70 (Member)

Past Employment Positions

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

Education

  • University of North Carolina School of Law, Chapel Hill, North Carolina, 1999
    J.D.
    Honors: With Honors

    Law Review: North Carolina Law Review, 1997 - 1999
  • University of North Carolina at Chapel Hill, 1995
    B.A.
    Honors: With Honors
    Major: Journalism
    Major: Philosophy

Articles

Published Works

  • 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, Legal Update, Fourth Quarter, 2008
  • Contributor, Covering Your Assets, 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

Office Information

Address

800 North Magnolia Avenue
Suite 1500
Orlando, FL 32803

Phones

407-428-5124

Faxes

(407) 423-1831

Emails

dhathaway@deanmead.com

Websites

http://www.deanmead.com

When viewing a listing, consider the state advertising restrictions to which lawyers and law firms must adhere, as well as our West Legal Directory disclaimers.