Seth Donahoe is a Director at Tripp Scott. The majority of Seth’s litigation practice is state and federal court business litigation. He has represented plaintiffs and defendants in cases involving breach of contract, business torts, unfair competition and false advertising claims under the Lanham Act, breach of fiduciary duty claims, and veil-piercing claims.

In addition to his litigation practice, Seth provides day-to-day legal advice for an array of business matters that arise in the life cycle of a business. This includes guiding the businesses through internal investigations, developing governing documents, reviewing contracts, and assisting his clients with navigating legal issues that arise throughout growth, expansion, and acquisition. Seth represented two startup businesses through all phases of their growth until they each separately completed asset sales with transaction values in excess of $100 million.

Notable litigation:

• Defended two individuals from civil theft and conversion claims through trial and five appeals, each of which was filed by the plaintiff. He secured a complete defense judgment and entitlement to attorney’s fees from both the plaintiff and the plaintiff’s attorney. He successfully defended the five appeals filed during the case, upholding the interlocutory orders as well as the final judgment and fee awards. During post-judgment discovery in aid of execution on the fee judgments, one of the judgment debtors made false statements concerning ownership of the asset that was in controversy. Once the parties obtained proof that the debtor’s testimony was false, the debtor was criminally prosecuted for perjury and theft.

• Lead trial counsel in a five-day arbitration involving manufacturing licensing agreements. Seth represented an international vessel manufacturer and charter operator that was being sued by a former licensee who alleged several million dollars of damages.

• Secured a dismissal with prejudice of RICO claims against an international telecommunications company, along with the two individual defendants Seth represented. The action proceeded into discovery on the remaining trade secret, deceptive trade practice, and conversion claims. During discovery, and through strategic depositions of key personnel, Seth demonstrated that the plaintiff took inconsistent factual positions in prior federal court proceedings than what the plaintiff was alleging in this proceeding, which led to the plaintiff’s representative availing himself of Fifth Amendment protections. The case resolved on confidential terms shortly thereafter.

• Represented a Plaintiff in a multi-million-dollar commercial foreclosure in which the borrower and guarantor asserted a variety of business tort counterclaims and attempted to pierce a corporate veil of the Plaintiff. Seth obtained a severance and dismissal of the counterclaims along with a complete judgment in favor of his client for the entire balance owed under the mortgage plus the attorneys’ fees. He also successfully defended the appeal.

• Represented a pharmaceutical advertising media company in multiple separate federal court and arbitration proceedings in different states against a departed C-level employee and the new employer to, respectively, enforce non-compete and confidentiality covenants and pursue tortious interference claims. Seth guided the client through the pre-suit investigation, forensic inspection of electronic devices, and the procedural complexities of needing to bring separate lawsuits in multiple jurisdictions and forums to obtain complete relief. Seth obtained in the arbitral forum an injunction completely in his client’s favor, and then an efficient and favorable settlement of all the pending proceedings.

• Represented an international medical device company in high-stakes federal court litigation during its entrance into the United States market. For over two years, Seth defended a Lanham Act trademark and false advertising claims brought by a competitor who dominated the market space for decades and had a vested interest in preventing a new market participant from getting a foothold in a particular section of the market. The case involved several issues of first impression and novel issues of law. Despite the pending litigation and the competitor’s efforts through litigation to prevent the client from entering the market, the client obtained a market position and then secured an acquisition from a yet a larger market participant. The case was then amicably resolved between the parties.

• Represented defendants against a consumer litigation test case in which the plaintiff was bringing a novel cause of action based upon a statute that had no published opinions interpreting whether it provided a private cause of action. Seth and the litigation team at Tripp Scott obtained the first ruling in the State of Florida holding that the statute would not furnish a private cause of action.

• Represented a nationwide childcare company with over 50 individual locations, defending breach of contract and veil piercing claims in which the plaintiff sought to disregard the corporate form of a subsidiary to reach the operating entity. Through the defense, the Plaintiff was unable to do so, and the case was brought to an amicable resolution.

• Represented two minority shareholders through a pre-litigation dispute that enabled them to get complete payment for a disputed promissory note and a buyout of their interests that was based upon a company valuation nearing two hundred million dollars.

• Represented a plaintiff in a complex business litigation shareholder dispute, pursuing direct and derivative claims while seeking the appointment of a receiver over an operating entity that oversaw retail locations in multiple states. Through the litigation, the client was able to purchase one location and secure a buyout of the remaining locations owned between the parties.

• Represented a judgment creditor enforcing a judgment against a sophisticated judgment debtor who had several layers of asset protection shielding valuable assets. Through enforcement efforts, Seth located vulnerabilities in the asset protections freezing over a half million dollars in bank accounts the debtor had previously believed were protected, and secured a preliminary injunction in a fraudulent transfer action.

During law school, Seth served as president of the Florida Moot Court Team and as the student commencement speaker at graduation. He was also a recipient of the Scott and Lisa Hawkins Character and Leadership Scholarship. He was selected to be a member of the Order of the Coif, an academic honor society, and the Order of the Barristers, an honor society recognizing excellence in written and oral advocacy.

Seth is dedicated to serving the academic, legal, and regional community. Seth is currently a member of the Florida Atlantic University Wilkes Honors College Alumni Counsel. During law school, he was the head of the UF Law Community Service Program, chaired the Honor Committee, and served as a teaching assistant for legal writing courses as well as a research assistant for two different law professors.

Seth attended the University of Florida Levin College of Law, where he earned his J.D., magna cum laude, and the Harriet L. Wilkes Honors College of Florida Atlantic University, where he earned his B.A., magna cum laude.