education

Vanderbilt University Law School (J.D., 1976)
St. Olaf College (B.A., 1973), magna cum laude

related practices

related industries

bar admissions

Florida

court admissions

Florida State Courts
U.S. District Court, Middle District of Florida
U.S. District Court, Southern District of Florida
Trial Bar - U.S. District Court, Southern District of Florida
U.S. Court of Appeals, Eleventh Circuit
U.S. Court of Appeals, Fifth Circuit

Patricia H. Thompson

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Miami

T: 305.539.7239

F: 305.530.0055

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Patricia Thompson is a trial lawyer, concentrating her practice in construction, employment, surety, fidelity, and other complex commercial disputes in state and federal courts and in arbitration. Ms. Thompson has tried over 46 cases to verdict or award, and resolved countless more by summary judgment or other dispositive motions. Additionally, much of her time is devoted to counseling clients concerning employment and construction dispute avoidance and resolution, insurance claim investigation and coverage analysis.

Ms. Thompson has been regularly listed in The Best Lawyers in America, Chambers USA Guide to America's Leading Business Lawyers, The International Who's Who of Construction and Business Lawyers, Florida Super Lawyers, Florida Trend's Legal Elite, and South Florida Legal Guide Top Lawyers in her areas of practice concentration. She is a fellow of the American College of Construction Lawyers.

Ms. Thompson has served as chair and in other senior leadership roles of major committees of the Tort and Insurance Practice and Litigation Sections of the American Bar Association. She has spoken and published extensively for Florida and American Bar continuing legal education programs and has authored more than 15 professional law journal articles and chapters in other national publications.

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Representative Matters
Construction:
- Prosecution of construction delay claims by surety against architect and engineer, resulting in favorable settlement.
- Prosecution of nonpayment claim by contractor against developer, resulting in favorable settlement.
- Successful defense of developer against nonpayment claims of contractor, in arbitration involving claims of design negligence and defective work.
- Defense of numerous claims of nonpayment by subcontractors against contractors and sureties.
- Defense of numerous performance bond claims by public and private owners against sureties.
- Negotiation of numerous take-over and completion agreements between sureties and owners.
Employment:
- Obtained injunctive relief to enforce non-compete agreements.
- Investigated and resolved numerous administrative charges involving discrimination, harassment, and retaliation claims.
- Defense of international telecommunication company against claims of gender, age, and natural origin discrimination by senior executive on expatriate assignment, resulting in summary judgment in favor of client.
- Defense of national credit reporting company against claim of age discrimination by sales employee resulting in summary judgment in favor of client.
- Defense of national moving company against claim of gender discrimination by warehouse employee resulting in jury verdict in favor of client.
- Defense of multiple collective FSLA actions against national restaurant chain, resulting in favorable settlements.
- Defense of multiple ADA premises liability actions against national restaurant chains and shopping center owners resulting in favorable settlements or summary judgments.
- Defense of numerous retaliation actions involving wage, workers compensation, and whistle-blower claims.
Commercial:
- Successfully defended evidentiary proceeding on motion for preliminary injunctive relief in connection with contractual right of first refusal in sale of business; motion denied and case settled.
- Successful defense of suit to foreclose mortgage on low income rental complex; verdict in favor of client.
- Successful defense of claim in arbitration for damages for alleged breach of contract to purchase shopping center.
- Successful prosecution of numerous claims on notes and mortgages.
- Successful defense of claims on letters of credit.
Insurance:
- Successful defense of claim of reformation of insurance policy resulting in judgment in favor of insurer.
- Successful defense of dishonesty claim under Financial Institution Bond resulting in jury verdict in favor of insurer.
- Successful defense of numerous claims for disability or life insurance coverage.
- Numerous coverage opinions and defense of fidelity, forgery and other claims under bonds and crime policies.
Pro Bono
- Representation of a church sued by an employee, in a case involving constitutional church-state issues.
- Representation of a church in suit against a contractor who misused funds he was given to construct the church's sanctuary, resulting in the church losing over $50,000 in money raised to build its own building. Final judgment entered against contractor.
- Providing employment advice to pro bono legal aid organization.
- Defense of several elderly individuals against fraudulent claims.

Publications

10.27.2011	Co-Author, "Claims Considerations for the Insurer Under a Financial Institution Bond When the FDIC is Claimant," program materials for the Fall Meeting of the ABA TIPS Fidelity and Surety Law Committee (October 27, 2011).
09.01.2011	Co-Author, “Can Direct Mean Direct? Untangling The Web of Causation in Fidelity Coverage,” XVI Fidelity Law Journal 125 (2010).
08.16.2010	“The Unexpected Pleasure of Pro Bono Work,” The Woman Advocate, Volume 15, Number 4 (Summer 2010).
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Speaking Engagements
- Speaker, "Claims Consideration For The Insurer Under A Financial Institution Bond When The FDIC Is Claimant – Rounding The Proverbial, Very Large Square Peg," at the fall meeting of the Fidelity & Surety Law Committee of the ABA’s Tort, Trial and Insurance Practice Section, Nashville, TN (October 27, 2011)
- Presenter and Co-Author, "Claims Considerations for the Insurer Under a Financial Institution Bond When the FDIC is Claimant," at the Fall Meeting of the ABA TIPS Fidelity and Surety Law Committee (October 27, 2011)
- Speaker, “Can Direct Mean Direct? Untangling The Web of Causation in Fidelity Coverage,” The Fidelity Law Association Meeting, Boston, MA (November 3, 2010)
- Speaker, “How to Negotiate a Take Over Agreement Between a Surety, Owner and Completion Contractor,” at the fall meeting of the ABA Forum on Construction Industry, Miami, FL (September 2, 2010)
- Presenter, “A Work Product Overview in Light of Federal Rule of Evidence 502,” The Florida Bar Topics in Evidence seminar in Tampa, FL (March 4, 2010)
- Presenter, “Financial Institution Bond Insurer’s Rights of Subrogation and Indemnity,” presented at the ABA TIPS Fidelity & Surety Law Committee meeting (January 2010)
- Speaker, “The Rights Owed to Surety’s by Others,” Dade County Bar Association Construction Law Committee (October 23, 2009)
- Speaker, “Structuring Intelligible Insurance Provisions and Surety Issues,” program on Drafting and Negotiating Tomorrow's Construction Contracts Today, PLI (May, 2009)
- Speaker, “Deposing Expert Witnesses and Plaintiffs” at a program entitled “Defense Practice for Young Lawyers,” sponsored by the Florida Defense Lawyers Association and the Dade County Defense Bar Association
- Panelist for a program entitled “Industry Panel Forum: Legal Update,” organized by the Greater Miami Chamber of Commerce as part of its annual conference, “Human Resource Insights 2009: Aligning Your HR & Business Strategies for Success” (2009)
- Moderated a three-hour panel on “Managing and Litigating the Financial Institution Bond Claim,” at the fall meeting of the Fidelity & Surety Law Committee of the ABA’s Tort, Trial and Insurance Practice Section in Baltimore on Financial Institution Bonds (November 7, 2008)
- Speaker, “An Insured’s Guide to Effective Claims Investigation, Presentation, and Resolution,” at the fall meeting of the Fidelity & Surety Law Committee of the ABA’s Tort, Trial and Insurance Practice Section in Baltimore on Financial Institution Bonds (November 6, 2008)
- Speaker, “Use of Experts in Discovery and Preparation for Trial,” ABA program for Fidelity and Surety Law Committee Midwinter 2007 program.
- Speaker, “To Pay or Not to Pay, To Stay or Not to Stay: An owner’s perspective on how to best draft construction contracts to insure the owner’s right to withhold payments otherwise due the contractor," 2006 Fall Annual Meeting of ABA Forum on Construction Industry, Scottsdale, AZ
- Speaker, “How to Avoid Overtime Lawsuits,” Daily Business Review Labor & Employment Roundtable, Miami, FL (September 14, 2006)
- Speaker, “Bonds and Insurance,” The Florida Bar Basic Construction Law CLE, Miami, FL (November 17, 2005, and again on August 24, 2006)
- Speaker, “Use of Expert Witnesses in Mediation,” ABA, ADR Section Annual Meeting, Atlanta, GA (April 7, 2006)
- Speaker, “Rainmaking Made Simple: What Every Young Lawyer Should Know,” Dade County Bar Association/Young Lawyers Section Professionalism Workshop (March 10, 2006)
- Speaker, “Rainmaking Made Simple: What Every Lawyer Should Know,” ABA General Practice, Solo & Small Firm Section Joint Spring Meeting (2005)
- Speaker, “It’s New Era, It's not Just Ethics Any More,” The Florida Bar (2004)
- Panelist, “Representing the Surety in Construction Arbitration,” AAA Second Annual National Forum on Conflict Management in the Construction Industry (2004)
- Speaker, “The Role of the Economic Loss Doctrine in Construction Contracting,” paper presented and distributed at the ABA Forum on the Construction Industry Annual Meeting (2005)
- Speaker, “Real Estate Related Discrimination Claims,” paper presented and distributed at the 16th Annual Institute on Real Property Law, University of Miami (2003)
- Speaker, “The Surety's Assertion of Construction Claims Against Obligee,” paper delivered and distributed at the ABA Forum on Construction Midwinter Meeting (2003)
- Speaker, “Professional Misconduct Issues in the Lustig Cases: Judicial Recusal, Sanctions, Fraud on the Court, and Other Bad Acts,” paper given and delivered at the ABA/TIPS Fidelity & Surety Law Committee Midwinter Meeting (2000)
- Speaker, “Insured’s Bad Faith and Fraud – What’s a Fidelity Insurer to Do?” paper delivered and distributed at the Surety Claims Institute Annual Meeting (June 1998)
- Speaker, “Computer Generated Evidence, The Art of Admissibility and The Science of Persuasion,” paper given and delivered at The Forum on Construction Meeting (1997)
- Speaker, “Politically Correct Lending – The Equal Opportunity Act,” paper given and delivered at the Progressive Casualty Insurance Company's Fourth Annual Banking Law Seminar (1994)
- Speaker, “Deep Pocket Perspectives: An Analysis of Environmental Clean up Liability from the Vantage Points of the Lender, the Surety, and the General Liability Insurer,” paper given and delivered at the ABA Construction Litigation Program (August 1993)
- Speaker, “Arbitration: Between a Rock and a Hard Place - A Surety’s Concerns,” paper given and delivered at the ABA Litigation Section Annual Meeting (1991)
- Speaker, “From Fiduciary to Watchdog: The Duty of Attorneys and Accountants to be Their Client Financial Institutions’ Keeper,” paper given and delivered at the ABA Litigation Section Mid-Year Meeting (1991)
- Speaker, “The History and Development of the Unfair Claims Practices Act,” paper given and delivered at the National Bond Claims Association (1989)
- Speaker, “Significant Changes in Mechanics Lien Law,” Florida Atlantic Builders' Association, Boca Raton, FL (December 1988)
- Speaker, “Overview and Introduction to the New 1986 Form 24 Financial Institution Bond,” ABA Fidelity & Surety Meeting (January 1987)
Professional Recognition
- AV rating by Martindale-Hubbell
- Finalist 2011 Thelma Gibson Award
- Recipient of the Martin J. Andrew Award for Lifetime Achievement in Fidelity and Surety Law, The Fidelity and Surety Law Committee of the Tort and Insurance Practice Section of the American Bar Association
- Recipient of the 2010 IMPACT Law Leader by the South Florida edition of Business Leader Magazine
- Recipient of the 2007 Key Partners Award in the Legal and Accounting Professions from Citibank and the South Florida Business Journal
- Honoree, 2009 Florida Immigrant Advocacy Center (FIAC) Annual Awards Dinner in recognition of pro bono work for and in support of the FIAC
- Listed in The Best Lawyers in America 2007-2012 editions (Labor and Employment Law)
- Listed in Chambers USA Guide to America's Leading Business Lawyers 2006-2011 editions (Construction and Employment)
- Selected for inclusion in Florida Super Lawyers 2006-2011, also named on Florida Super Lawyers' Top 50 Female Lawyers and Top 100 Lists
- Selected for inclusion in Florida Trend’s Florida Legal Elite 2004 (Business Litigation & Business Law category), 2005-2009 (Construction)
- Selected for inclusion in The International Who’s Who Construction Lawyers, 2005, 2007, 2008, 2010, and 2011 editions
- Selected for inclusion in The International Who’s Who of Business Lawyers 2007 (Construction)
- Listed as a Top Lawyer in South Florida Legal Guide (2002-2003, 2005-2012) editions (Employment and Construction categories)
- Selected for inclusion in 101 Women to Watch, Miami-Dade’s Most Influential Females of 2001, by Miami Metro 30 (2001)
Professional and Civic Activities
- American College of Construction Lawyers
  Board of Governors
  Nominating Committee
  Insurance and Surety Committee, Past Co-Chair,
- The Florida Bar
  Eleventh Circuit Unauthorized Practice Law Committee "A", Former Chair
  Florida Bar Grievance Committee "llB"
- American Bar Association
  Foundation, Fellow
  Tort Trial and Insurance Practice Section
      Fidelity and Surety Law Committee, Past Chair & Vice-Chair
      Past Program Co-Chair, several Annual and Mid-Winter Fidelity and Surety Programs
      Brief, Past Editor
      Professionalism Committee, Former Member
  Litigation Section
  Construction Litigation Committee, Past Co-Chair
  Mechanics Lien Subcommittee, Past Chair
  Damages Subcommittee, Past Chair
      ADR Committee, Past-Chair, Membership Subcommittee
      Woman Advocacy Committee, Former State Coordinator
      Task Force on Model Rules of Ethics for Mediators
      The Ethics of the Deal, Section of Litigation Annual Meeting, Program Chair, 2005
- The Fidelity Law Association, Former Member, Board of Advisors
- Surety Claims Institute
  Program Coordinator, Jan. 2000
  Fidelity Committee Member
- American Arbitration Association, Past Member, Approved Panel of Arbitrators for Complex Commercial Cases
- The Defense Research Institute, Former Member
- The Eugene P. Spellman American Inn of Court, Past Member
- Women’s Chamber of Commerce of South Florida, Past Officer and Director
- Beacon Council (Miami-Dade County’s official economic development organization)
  Executive Committee Member
  Board of Directors Member
  Treasurer, Past
  Secretary, Past
  Finance Committee, Past Chair and Member
  Audit Committee, Member
  Human Resource Committee, Past Chair
  Membership Committee, Former Member
  Professional Services Committee, Chair
- Beacon Council Economic Development Foundation
  Secretary, Past
  Board of Directors, Former Member
- Greater Miami Chamber of Commerce
  Of Counsel to the Board of Directors
  Chairman’s Circle of 100 Member
  Executive Committee, Member
  Board of Directors, Member
  Board of Governors, Past Member
  Education Group, Past Chair
  Legislative Affairs and Public Policy sub-committee of Education Group, Past Chair
  Nominating Committee, Former Member
  Human Resources Committee, Member
  Women in Business, Former Member
- One Community-One Goal, Former Board of Directors Member
- Florida International University, College of Education Advisory Board, Past Chair and Member
- University of Miami School of Law, Center for Ethics & Public Service, Member, Board of Advisors
- The Spectrum Foundation (residential drug and alcohol addiction treatment facility), Past Director
- The Brickell Avenue Literary Society, Member
- 200 Club of Greater Miami, Former Member

News

03.01.2012	Patricia H. Thompson Receives National Lifetime Achievement Award
10.24.2011	Carlton Fields’ Patricia H. Thompson Elected to Private Sector Board of Directors of the Beacon Council
06.06.2011	Carlton Fields’ Patricia Thompson Elected Of Counsel to the Board of Directors for the Greater Miami Chamber of Commerce
more