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Nicholas A. Brown

Nicholas A. Brown

Associate

Overview

Nick Brown has a dual practice that straddles the line between the traditional and the cutting edge. In addition to conducting complex litigation both at trial and on appeal, Nick combines his personal passions and legal acumen to represent a variety of clients in the esports and electronic gaming industry.

Nick’s litigation practice focuses on appeals and trial support in state and federal courts. He also serves as the reporter for the Florida Supreme Court Committee on Standard Jury Instructions in Civil Cases, which allows him to keep abreast of hot issues working through Florida’s appellate and trial courts.

At the appellate level, Nick handles all aspects of appeals, from early case assessments and evaluations of appellate issues, to motions practice and briefing, to presenting oral argument. He also consults on strategic matters to assist other attorneys both inside and outside Carlton Fields in selecting and refining issues that will best resonate with the appellate court, including conducting mock court sessions.

At the trial level, Nick develops and presents dispositive motions, prepares jury instructions, handles charge conferences, and provides legal support for the purpose of preserving claims of error. He is a regular contributor to the firm’s I Object! blog, which focuses on preservation of error at trial.

Nick’s areas of litigation concentration include complex commercial and tort cases, insurance coverage disputes, real property litigation, and consumer finance, all at both the trial and appellate level. He is an active member in the firm’s Privacy and Cybersecurity Task Force as well as its E-Discovery Task Force. Nick is also dedicated to providing pro bono legal services to ensure access to the justice system.

In addition to his traditional litigation work, Nick also serves as co-leader of the firm’s Esports and Electronic Gaming Practice. Relying on his considerable experience and interest in the video game industry, Nick assists content creators, competitive gamers, event facilitators, and intellectual property holders in navigating the unique legal issues that arise in the fast-paced and developing esports and streaming industry. Nick also co-hosts the Lan Party Lawyers podcast, which discusses cutting-edge issues at the intersection of video games, law, and business.

Prior to joining Carlton Fields, Nick served as a senior law clerk to the Honorable Nelly N. Khouzam of the Florida Second District Court of Appeal in Tampa, where he learned the intricacies of appellate practice and what judges find persuasive. During law school, he was a teaching assistant for the courses Legal Research & Writing and Appellate Advocacy. He publishes and speaks on topics related to appellate law, ethics, professionalism, and legal career development.

Before committing to a career in law, Nick was the drummer for a touring rock band. No, you haven’t heard of them.

Featured Insights

Experience

  • Fountainbleau, LLC. v. Hire Us, Inc., No. 2D18-4068 (Fla. 2d DCA June 7, 2019). Grant of petition for writ of certiorari alleging lack of personal jurisdiction to order parties to arbitration. Read Order.
  • In re J.W., 251 So. 3d 862 (Fla. 2d DCA 2018). Appellate counsel for Florida Statewide Guardian ad Litem Office; affirmance of order terminating parental rights. 
  • Noonan v. Stetson Univ., Inc., 253 So. 3d 1087 (Fla. 2d DCA 2018). Affirmance of defense summary judgment in action for premises liability and negligent mode of operation.
  • Pinellas Cty. v. Richman Grp. of Fla., Inc., 253 So. 3d 662 (Fla. 2d DCA 2017). Complete reversal of $16.5 million award against Pinellas County in an action alleging federal constitutional violations of equal protection and substantive due process with respect to a developer’s application to change a comprehensive land use plan. Read Initial Brief and Reply Brief.
  • Simmons Foods, Inc. v. Indus. Risk Insurers, 863 F.3d 792 (8th Cir. 2017). Reversal of prejudgment interest award and affirmance of denial of attorneys' fees award after jury verdict in action alleging breach of insurance contract.
  • U.S. Bank, N.A., for RFMSI 2006-S10 v. Adams, 219 So. 3d 211 (Fla. 2d DCA 2017). Reversal of summary judgment in residential foreclosure action addressing alleged failures of conditions precedent. Read Opinion.
  • Ober v. Town of Lauderdale-by-the-Sea, 218 So. 3d 952 (Fla. 4th DCA 2017). Counsel for amicus curiae the Florida Land Title Association, which appeared in the case for the first time on rehearing. Opinion on rehearing, withdrawing prior opinion and construing Florida’s lis pendens statute to discharge liens placed on property between a final judgment of foreclosure and a judicial sale.
  • Mercado v. Nat'l Union Fire Ins. Co. of Pittsburgh, 215 So. 3d 67 (Fla. 3d DCA 2016). Denial of petition for writ of prohibition alleging lack of subject-matter jurisdiction.
  • Griffin v. ARX Holding Corp., 208 So. 3d 164 (Fla. 2d DCA 2016). Affirmance of final summary judgment and judgment on counterclaim after jury trial in suit for compensation based on an illegal employment contract.
  • Freeman v. Berrin, 210 So. 3d 1279 (Fla. 2d DCA 2016). Affirmance of dismissal for lack of prosecution of suit seeking to foreclose on interest in trust.
  • McDaniel v. Fifth Third Bank, 192 So. 3d 489 (Fla. 5th DCA 2016). Affirmance of dismissal of putative class action alleging unlawful check-cashing fees.
  • Gaylor v. Green, 186 So. 3d 1031 (Fla. 2d DCA 2016). Affirmance of summary judgment upholding exercise of power of appointment in probate action.
  • Charlotte Cty. v. Andress Family Fla., LP, 186 So. 3d 1029 (Fla. 2d DCA 2016). Affirmance of multimillion-dollar final judgment finding a compensable taking in inverse condemnation action.

Featured Insights

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Professional & Community Involvement

  • Florida Supreme Court
    • Reporter, Committee on Standard Jury Instructions in Civil Cases (2017-2019)
  • Bruce R. Jacob Inn of Court (2012-2014)
  • University of South Florida Kosove Society Alumni Board (2006-present)
    • Vice President
    • Treasurer
    • Selection Committee
    • Secretary
  • International Game Developers Association

Speaking Engagements

  • “Guardian Con 2019 Law Panel” on Streamer and Esports Contracts, IP Issues, and FTC Endorsement Guidelines, Orlando, FL (July 5, 2019) (watch here).
  • “Preservation of Error for Appeal,” The Florida Bar Real Property, Probate and Trust Law Section, Construction Law Committee Telephonic Conference, CLE (January 14, 2019).
  • “May It Please the Court: Effective Appellate Oral Advocacy,” joint program of the American College of Trial Lawyers and the American Academy of Appellate Lawyers, Oral Appellate Advocacy and Ethical Issues Panel Discussion (September 14, 2018).
  • University of Florida College of Law Legal Career Pathways Conference (November 17, 2017).
  • “Effective Briefwriting: Giving the Court a Brief It Wants to Read,” The Florida Bar Appellate Practice Section Monthly Telephonic CLE (November 15, 2016).
  • University of Florida Law Center Association Board of Trustees Judicial Career Panel (September 16, 2016).
  •  “Practicing Before the Second District: Practical Considerations for Practitioners,” Hillsborough County Bar Association Appellate Practice Section (May 11, 2016).
  • “Practicing With Ethics, Civility, and Professionalism; Professionalism Under Pressure,”American Board of Trial Advocates, Tampa Bay Chapter in cooperation with the Hillsborough County Bar Association (May 2014).
  • “Practicing Before the Second District Court of Appeal; Tailoring Your Brief for the Second District,” The Florida Bar Appellate Practice Section (May 2014).
  • “Judicial Perspectives,” University of Florida College of Law Career Development Boot Camp (January 2014).
  • “Why Some Lawyers Don’t Lose Their Appeal,”Clearwater Bar Association (April 2013).

Credentials

Education
  • University of Florida Fredric G. Levin College of Law (J.D., 2011)
  • University of South Florida (B.A., magna cum laude, 2006)
Bar Admissions
  • Florida
Court Admissions
  • U.S. Court of Appeals, Eighth Circuit
  • U.S. Court of Appeals, Eleventh Circuit
  • U.S. District Court, Middle District of Florida
  • U.S. District Court, Southern District of Florida
  • Florida State Courts
Clerkships
  • Hon. Nelly N. Khouzam, Florida Second District Court of Appeal

Background

  • Senior Staff Attorney to the Honorable Nelly N. Khouzam, Florida Second District Court of Appeal, Tampa, FL (2011-2014)

Disclaimer

The information on this website is presented as a service for our clients and Internet users and is not intended to be legal advice, nor should you consider it as such. Although we welcome your inquiries, please keep in mind that merely contacting us will not establish an attorney-client relationship between us. Consequently, you should not convey any confidential information to us until a formal attorney-client relationship has been established. Please remember that electronic correspondence on the internet is not secure and that you should not include sensitive or confidential information in messages. With that in mind, we look forward to hearing from you.