David E. Cannella
David E. Cannella is a business civil trial attorney. Mr. Cannella has tried cases to verdict, jury and non-jury, as lead trial counsel on business litigation matters in state and federal court. Mr. Cannella has also obtained awards in favor of his clients in arbitration.
Mr. Cannella is Board Certified in Business Litigation Law by The Florida Bar. Board certification identifies Mr. Cannella as an attorney with special knowledge, skills, and proficiency in business litigation and this certification distinguishes him as a specialist in business litigation law.
Mr. Cannella's practice is dedicated to complex business litigation. He has extensive experience in matters ranging from trade secret litigation, defamation, franchise/distributor litigation, unfair competition, government contracts, deceptive and unfair trade practices, breach of fiduciary duty claims, class action defense, pharmaceutical and medical device product liability defense, complex commercial foreclosure, and banking litigation.
Mr. Cannella has also been qualified as an attorney's fee expert in state and federal courts and has testified as to attorney's fees in both state and federal court.
Mr. Cannella has led the Orlando office Business and Trade Regulation Practice Group since 2005.
Mr. Cannella has been the lead counsel in the following completed matters:
- Lead counsel for the Greater Orlando Aviation Authority in its litigation against Uber Technologies, Inc. to enforce compliance with the Aviation Authority’s Ground Transportation Rules and Regulations.
- Obtained a 2014 judgment in favor of a timeshare developer against a timeshare reseller for misappropriation of trade secrets protected information.
- Obtained a 2014 $7.5 million judgment in re United States District Court for the Northern District of Florida (Gainesville Division) in a case involving a commercial mortgage-backed security (CMBS).
- Obtained a 2014 Final Summary Judgment on behalf of a national restaurant chain sued for damages in excess of $800,000 in connection with a long term commercial lease.
- Obtained 2013 Final Judgment in excess of $3.5 million and permanent injunctive relief in the United States District Court for the Middle District of Florida (Orlando Division) on behalf of a commercial buyer of consumer debts against collection agencies and their principals who misappropriated the accounts and attempted to continue collections.
- Resolved a 2013 claim against a financial advisor after moving to compel arbitration. After compelling artibration, the investor claimants withdrew their complaint in writing which led to an amendment to the client's Form U4.
- Obtained 2012 arbitration award in excess of $570,000 and permanent injunctive relief on behalf of a liquor brand owner against a terminated distributor.
- Obtained a 2012 dismissal with prejudice of putative consumer class action against smart phone manufacturer in the United States District Court for the Middle District of Florida.
- Obtained permanent injunctive relief in 2010 on behalf of a timeshare developer against a “vacation club” that was using the client’s proprietary information to solicit guests and customers at the client’s Ocean Walk Resort in Volusia County.
- In a 2010 AAA arbitration, won dismissal of antitrust claims, trademark claims and breach of contract claims brought by a former “alliance partner” against client, a leading provider of admixtures for specialty concrete.
- Representation of a telecommunications company in 2009 sued for $5 million in the United States District Court for the Southern District of Florida by a former system integrator provider for breach of contract and tortious interference with business in connection with the installation of telephone equipment and support on cruise ships. Plaintiff voluntarily dismissed claims with prejudice after Mr. Cannella filed motion for summary judgment on behalf of the client. The telecommunications company paid nothing to the Plaintiff.
- Representation of a global nutraceutical company in defense of a commercial defamation matter.
- Obtained 2006 jury trial defense verdict on behalf of a food manufacturer in a $550,000 case brought by a former distributor for defamation, fraud and breach of contract. Mr. Cannella successfully enforced a statutory proposal for settlement and the client was able to be reimbursed its attorney’s fees and cost in connection with the case.
- Obtained 2007 permanent injunctive relief on behalf of a timeshare company whose members were being illegally solicited by a competitor that obtained confidential and proprietary trade secret information.
- Obtained 2007 summary judgment in construction defect case in the Middle District of Florida dispensing with Plaintiff’s claims against a home builder for violations of the Florida Deceptive and Trade Practices Act, implied warranty claims and building code claims arising from use of textured cement finish rather than full thickness stucco.
- Prosecution of a fraud claim against defendants who conspired in an illegal land flip scheme to defraud a bank in the amount of $600,000 (2005).
- Obtained 2002 jury trial defense verdict on behalf of an employer arising for negligent hiring in a civil battery case in which the plaintiff claimed a traumatic brain injury.
- Obtained 2004 dismissal of claims against a financial planner for breach of fiduciary duty in connection with advice rendered in connection with the termination of a defined benefits plan.
- Obtained 2003 final summary judgment on behalf of an automotive manufacturer on grounds of spoliation of evidence.
In addition to the matters in which Mr. Cannella was lead counsel, his experience includes the following representative matters:
- Florida counsel for a smart phone manufacturer sued for patent infringement in the United States District Court of the Middle District of Florida. Obtained dismissal with prejudice of indirect infringement claims in 2015.
- Florida counsel for a medical device manufacturer in claim involving an alleged defect. The United States District Court for the Middle District of Florida granted summary judgment in the client’s favor after striking Plaintiff’s warnings and design expert after a successful Daubert challenge. (2014)
- Florida counsel for two on line travel companies (OTCs) sued by the Orange County Comptroller and Orange County in which the plaintiffs are seeking a declaration that the OTCs owe Tourist Development Tax on the difference between the wholesale rate and retail rate. The court entered summary judgment in favor of the client OTCs. (2012)
- Defense of a pharmaceutical company in wrongful death cases arising from alleged use of antidepressants. (2005-2010)
- Defended automobile manufacturer in statewide class action suit alleging defects in a particular model of automobile used as a police car. (2005)
- 2004 and 2005 defense of a pharmaceutical company in mass tort action related to plaintiffs use of diet drugs.
Mr. Cannella has also appeared pro hac vice as lead counsel in Pennsylvania, Ohio, and Tennessee.
- Guardian ad Litem, Orange County Bar Association Legal Aid Society.
- Field Volunteer, Lawyers’ Committee for Civil Rights Under Law Election Protection. Mr. Cannella has served with the largest non-partisan voter protection coalition in the 2012 and 2014 elections.
- Orange County Teen Court Youth Offender Diversion Program - Mr. Cannella is an advisor and mentor for this program that handles criminal cases involving first time youthful offenders involved primarily in misdemeanors.
- Judge Thomas S. Kirk Founders Award, Orange County Teen Court (2014-2015)
- Speaker, "Can I Get a Witness? Speaking for the Company in Litigation," ABA 2016 Corporate Counsel CLE Seminar, Scottsdale, AZ (February 13, 2016)
- Panelist/Moderator, “Can I get a Witness? Speaking for the Company in Litigation under Rule 30(b)(6)” ABA 2015 Section of Litigation Annual Meeting, New Orleans, LA (April 2015)
- Panelist/Moderator, “Can I get a Witness? Speaking for the Company” Association of Corporate Counsel-Central Florida Chapter, Orlando, Fl (May 20, 2015)
- Panelist/Moderator, "Legal Ethics for Corporate Counsel in the Digital Frontier," Association of Corporate Counsel - Central Florida Chapter, Orlando, FL (April 23, 2014)
- "Hot Topics and Recent Trends in Lender Liability Claims," Turnaround Management Association, Orlando, FL (August 27, 2013)
- "Corporate Representative Depositions - An Overview," Association of Corporate Counsel - Central Florida Chapter, Orlando, FL (November 17, 2010)
- "Attorney-Client Privilege Issues for Corporate Counsel," Association of Corporate Counsel - Central Florida Chapter, Orlando, FL (May 20, 2009)
- Board Certified in Business Litigation from The Florida Bar Board of Legal Specialization and Education
- AV rated by Martindale-Hubbell since 2001
- Listed in The Best Lawyers in America (2010-2016)
- Selected for inclusion in Florida Super Lawyers (2006-2016)
- Selected for inclusion in Florida Trend’s Florida Legal Elite (2012, 2014-2016)
- Orlando Business Journal's
Top 40 Under 40 2006
Best of the Bar - Litigation 2005 and 2006
- Featured in a cover story in the June 2005 edition of Orlando Magazine for charitable work performed with the attorney musical group the "Learned Hands"
- Award winning member of the University of Florida Trial Team and Justice Campbell Thornal Moot Court Board; served as vice president of the Trial Team and vice chairman of the Moot Court Board
- Legal Aid Society of Orange County Bar Association
- The Florida Bar
Florida Rules of Civil Procedure Committee (2012 to present)
Media & Communications Law Committee (July 2009 to 2012)
Editorial Board, The Florida Bar Journal (June 2003 to 2009)
Business Litigation Committee of The Florida Bar Business Section
- Blankner Foundation, Member, Board of Directors
- Board Member, Orange County Teen Court Advisory Board
- Master, George C. Young First Central Florida Inn of Court
- American Bar Association
Membership Co-Chair, ABA Section of Litigation Business Torts Committee
- Adjunct Professor of Business Law, University of Central Florida (2000 to 2003)
- Faculty Member, Kessler-Eidson Program for Trial Techniques at the Emory University School of Law (2001 and 2002)
- Founding Member, Orlando Chapter of the Buoniconti Fund to Cure Paralysis
- Member, Leadership Orlando (Class 51)
- Volunteer, Orange County Teen Court Program (since 1996)
- Finisher, Rome Marathon (fundraiser for the American Diabetes Association)