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Scott D. Feather

Scott D. Feather

Associate

Overview

Scott Feather, a commercial litigator, defends and prosecutes a diverse range of disputes, including complex matters, in both federal and state court, and in arbitration.  He represents national title insurance underwriters, lenders, creditors, developers and construction companies, and closely-held companies, their managers, and members.

Scott's commercial litigation experience includes general disputes between businesses involving contract and business-related tort claims, defending companies in class actions and officers and directors in derivative actions and merger challenges, and disputes between closely-held companies and their members and officers. In addition, he regularly defends companies that have particular exposure to consumer-related statutory claims, such as FCCPA and TCPA.

His real property practice involves investigating and litigating title insurance claims and disputes. This includes defending underwriters against closing protection letter and title agent defalcation claims. He also represents lenders in commercial disputes and lender liability claims, and has prosecuted numerous commercial and residential foreclosures to finality. In addition, he represents companies in construction-related disputes, prosecuting and defending against claims for breach of contract, and defending developers against claims alleging defective construction and code violations, and violations of ILSA and the Florida Condominium Act.

 

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Experience

  • Represented member of closely-held LLC, defended against a variety of claims from other members, and obtained favorable ruling regarding applicability of Florida statute limiting manager’s and managing member’s personal liability for monetary damages.
  • Defended board of directors of publicly-traded company in action for breach of fiduciary duty, obtained dismissal of derivative claims.
  • Defended developers against claims brought by condominium purchasers, including alleged violations of ILSA.
  • Represented company in connection with threatened shareholder lawsuit to enjoin merger based on alleged breach of fiduciary duties, inadequate consideration, and inaccurate disclosures.
  • Represented title insurance underwriter in obtaining ex parte injunction and appointment of a receiver against title agent that allegedly made improper transfers from its escrow account.
  • Represented members of closely-held LLC in dispute with other members, seeking dissolution of LLC, and defending against counterclaims, including tortious interference and fraud claims.
  • Defended title insurance underwriters in closing protection letter and defalcation statute claims brought by the FDIC, as receiver.
  • Obtained judgments in favor of lenders against commercial borrowers for foreclosure and for deficiencies.
  • Defended lender in commercial dispute involving UCC, civil theft, and conversion claims.
  • Defended title insurance underwriters against closing protection letter and statutory defalcation claims.
  • Obtained favorable ruling for lender on unsettled issue regarding a debtor’s obligations in connection with state court foreclosure litigation following debtor’s “surrender” of real property in a bankruptcy proceeding.
  • Defended company against class action alleging violations of the TCPA.
  • Obtained reversal on appeal of non-final order on arbitration that delegated the determination of certain threshold issues to arbitrator.
  • Represented lender in defense of consumer-related claims, successfully moving to compel arbitration of claims.
  • Prosecuted multiple actions on behalf of commercial property owners against commercial tenants for eviction and damages for breach of contract and guaranties.​

Recognition

  • Selected for inclusion in Florida Super Lawyers Rising Stars (2013-2018)
  • Listed as an “Up-and-Comer” in Florida Trend’s  Florida Legal Elite (2014, 2016-2018)

Professional & Community Involvement

  • American Bar Association
  • The Florida Bar
  • Hillsborough County Bar Association
  • Federal Bar Association
  • The Tampa Connection, Class of 2015
  • Hyde Park United Methodist

Credentials

Education
  • Stetson University (J.D., summa cum laude, 2009)
  • Wake Forest University (B.A., magna cum laude, 2005)
Bar Admissions
  • Florida
Court Admissions
  • U.S. District Court, Middle District of Florida
  • U.S. District Court, Southern District of Florida
  • Florida State Courts

Background

  • Associate, Trenam Kemker,Tampa, FL (2009-2013)
  • Judicial Extern to The Honorable Judge Bucklew, Middle District of Florida (2008)
  • Wake Forest Men’s Basketball Team

Disclaimer

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