Lopez, Paul O. - Tripp Scott | South Florida Attorneys

Paul O. Lopez

Fort Lauderdale, Florida

Director

PHONE 954-525-7500

FAX 954-761-8475

EMAIL Email Me

Paul O. Lopez, a director with Tripp Scott, Chairs the firm's Litigation Department.

AV rated by Martindale Hubbell, the highest attainable rating, and recognized as a “Top Lawyer” in the categories of Commercial Litigation and Labor & Employment Law by the South Florida Legal Guide (2009, 2010, 2011), and included as a super lawyer by Florida Super Lawyer in the category of Business Litigation and Labor & Employment Law (2006, 2007, 2008, 2009, 2010, 2011), Lopez handles complex business and employment law disputes throughout Florida for his clients. He has successfully litigated and tried numerous high-exposure jury and non-jury trials in both federal and state court throughout his career and has developed a reputation for being one of South Florida’s best trial lawyers and litigators. He has tried a wide variety of cases throughout his career, including claims for sexual harassment and race discrimination in the workplace, violations of Florida’s Non-Compete Statute 542.335, Florida’s Private and Public Whistle Blower Acts, business partnership disputes, breach of licensing and royalty agreements, fraudulent misrepresentation, intellectual property disputes, Qui Tam actions, claims brought under Florida’s Uniform Trade Secrets Act, Florida’s Fraudulent Conveyance Act and under Florida’s Unfair Competition Statute, tortious interference, violations of the Fair Labor Standards Act, violations of the Family Medical Leave Act, enforcement of non-compete agreements under Florida Statute Section 542.335 and violations of the Federal Lanham Act. He has handled scores of evidentiary hearings for his clients to successfully secure or defend against the entry of preliminary injunctions in various business and employment disputes. Often times, companies retain him on the eve of trial to serve as lead counsel when the facts of a case are extremely challenging and the exposure is significant. Lopez prides himself on his track record before judges and juries and his ability to take a complex set of facts and make them understandable to judges and juries in order secure a just verdict or result for his clients.

Additionally, judges seek his counsel and involvement in particularly complex cases by appointing him to serve as a Special Master to oversee discovery and to assist the court with various other pre-trial motions in these cases. Lopez is a Supreme Court Certified Mediator and Qualified Arbitrator. In that regard, Judges have appointed him to serve as an arbitrator in over a hundred cases throughout his career and routinely appoint him to serve as a mediator in difficult cases.

Having close to twenty years of experience litigating business and employment disputes, Lopez also uses these skills to draft and negotiate various agreements for his clients, including vendor and licensing agreements and agreements between companies and their employees. He routinely negotiates and drafts high-level executive compensation and severance packages and reviews and edits his clients’ written employment policies and handbooks. His clients seek his counsel and experience many times prior to implementing layoffs in the workplace to seek his opinion and advice regarding their potential exposure when terminating employees who fall into certain protected classes. Lopez also frequently provides training to his corporate clients in the areas of pre-suit dispute resolution, workplace anti-harassment and anti-discrimination policies. He also lectures and writes prolifically in these areas.

His clients range from Fortune 500 companies such as Covidien, ADT Security Services, Clear Channel Communications, AutoNation, to governmental entities such as the South Florida Water Management District, to mid-sized regional companies with revenues between $25 to $500 million dollars.

Committed to the enhancement of his profession, Lopez has had key positions and roles in various judicial nominating commissions and bar organizations. In 1999, Former Florida Gov. Jeb Bush appointed Lopez to serve on the Judicial Nominating Commission for the 17th Circuit in Broward County which selects candidates to be considered by the governor to be appointed to the bench. In 2001, Gov. Bush appointed him to the Judicial Nominating Commission for the Fourth District Court of Appeal of Florida, which selects candidates to be considered for appointment to the appellate court by the governor. Lopez served as vice-chair in 2006-2007, and then as chair during the 2007-08, shortly after Gov. Charlie Crist re-appointed him to the commission for another four-year term.

Commercial Litigation and Employment Litigation Experience (Highlights):

Defeated former distributor’s claim for $5 million dollars against his client, Covidien (f/k/a Tyco Healthcare Group, LP), for breach of contract, theft of trade secrets and tortious interference after a two week jury trial; the jury, further, awarded Covidien a verdict for fraud and breach of contract against the former distributor on its counterclaims and the jury gave Covidien every penny it requested for damages connected to liability securing a six figure verdict for the company.

Defeated a former employee’s claim for wrongful termination due to race discrimination against his client, the South Florida Water Management District. The two-week long federal trial was covered widely in the local medial, and involved sensitive and incendiary racially charged allegations made by a former employee of the District, who sought a verdict of more than $1 million dollars.

Defeated prominent South Florida physician’s claims for more than $30 million dollars for disgorgement of profits and other substantial damages under the Lanham Act for the unauthorized use of his name and likeness in advertising materials disseminated throughout the United States on behalf of clients, Eyeglass World Inc. and the Laser Vision Institute LLC, following a two-week trial in Broward County Circuit Court and six years of litigation.

Defeated a former employee’s claim under the Family Medical Leave Act on behalf of client, Clear Channel Communications, in a week-long arbitration in which the employee claimed that the company had failed to reinstate her to a substantially equivalent position upon returning from leave.

Defeated former employees of client, ADT Security Services Inc., by successfully obtaining injunctions in a $500,000 non-compete and tortious interference case, where the former employees attempted to set up a competing business under fictitious names and divert hundreds of clients to their new business.

Successfully obtained injunction on behalf of a national healthcare client against business competitor and former employees pursuant to non-hiring agreement with business competitor and non-competition agreements with employees where the trial court found that legitimate business interests were established under Section 542.335, Florida Statutes (Florida’s Noncompetition Statute) due to the solicitation of clients, a showing that trade secrets existed under Ch. 688. (Florida’s Uniform Trade Secrets Act), and because the former employees were provided with extraordinary training as defined by Florida law.

Defeated landlord on behalf of a prominent South Florida private businessman after seven years of litigation relating to a claim for a security deposit and for damages associated with a long-term residential lease. After the trial, he recouped all of his client’s attorney’s fees and costs which were in excess of $100,000 from the opposing side.

Lopez has successfully orchestrated the defense and settlements of numerous class-action overtime lawsuits brought under the Fair Labor Standard Act, and numerous actions brought under the Family Medical Leave Act and the Americans with Disabilities Act.

He has also served as an arbitrator in over 100 arbitrations dealing with issues ranging from employment matters, complex commercial litigation matters and personal injury cases.

Representative Cases:

4UOrtho, LLC v. Practice Partners, Inc., 18 So. 3d 41 (Fla. 4^th DCA 2009)

Dr. Marc E. Bosem, et. al. v. Musa Holdings, Inc., et. al., 8 So. 3d 1185 (Fla. 4^th DCA 2009)

Wiggy’s, Inc. v. Snugpak Ltd. Co., 5 So. 3d 686 (Fla. 4^th DCA 2009)

Zokaites v. 3236 NE 5^th Street, Inc., 2009 WL 259593 (S.D. Fla. 2009)

Brooke Daniels v. Clear Channel Broadcasting, Inc., 2002 WL 31938885 (S.D. Fla. 2002)

Professional and Community Activities:

Commissioner Fourth District Court of Appeal Judicial Nominating Commission 2001-present (Chairperson 2007-08) (Gov. Jeb Bush and Gov. Charlie Crist Appointee)

Commissioner 17^th Circuit Judicial Nominating Commission 1999-2001 (Gov. Jeb Bush Appointee)

Executive Committee and Board Member of the Broward County Chapter of the Federal Bar Association (Treasurer, Vice-President, President-Elect and President (2010-11).

Legal Counsel to the Board of Hispanic Unity of Florida (1998-present)

Valor Award Recipient for 2011 from the American Diabetes Association

Co-Chair of 2007 Walk for Life for the American Diabetes Association

Past Trustee for United Way of Broward County

Former Trustee for the Ft. Lauderdale Museum of Art

Former Member and Vice-Chair of Florida Bar Grievance Committee

Member of the Board and Chairman (1996-97) of the Latin Chamber of Commerce of Broward County (Honorary Lifetime Member Award 2001)

Education and Honors:

Stetson College of Law, Juris Doctor (1993) (Dean’s List, Associate Editor Law Review, BookAward Pre-trial Practice, Note Published)

University of Florida, Bachelors of Science (1990)

Licensed to Practice:

Florida