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David A. Karp

David A. Karp

Of Counsel

Overview

David Karp focuses on appellate litigation and trial support with a special interest in First Amendment, media, public access, and privacy law.  His work explores the intersection of social media, technology, and so-called fake news and traditional concepts of free speech and privacy.

He prepares briefs and argues appeals before the U.S. Court of Appeals for the Eleventh Circuit, the Florida Supreme Court, and Florida’s district courts of appeal. David also has significant trial court experience representing corporations in class actions and complex commercial litigation, including bad faith insurance cases, real property disputes, financial services cases, and government investigations.

David brings to his appellate advocacy more than a decade of experience crafting stories as a writer and editor at the St. Petersburg Times (now Tampa Bay Times). His work as an investigative reporter, interviewing witnesses and analyzing records to uncover facts, informs his approach to trial litigation. His writing has appeared in The Washington Post, The Boston Globe, and Best Newspaper Writing.

David clerked for the Honorable Susan C. Bucklew of the U.S. District Court for the Middle District of Florida and assisted the judge when she sat by designation on the U.S. Court of Appeals for the Eleventh Circuit.

Featured Insights

Experience

  • Argued appeal in which Florida’s Second District Court of Appeal adopted new evidentiary standard for proving condition precedent to enforcement of contract.
  • Argued appeal in which Florida’s Second District Court of Appeal adopted standard for identifying prejudice when conforming evidence to pleadings and certified question of great public importance to Florida Supreme Court about proper remedy on remand.
  • Briefed and argued multiples appeals affirming final judgments of foreclosure after trial.
  • Defeated writ of prohibition filed in the Florida Supreme Court to prohibit appeal in district court of appeal in $120 million bad faith insurance case.
  • Worked on appeal for financial service company before the Florida Supreme Court, which held arbitrations agreements and class action waivers cannot be invalidated under state law as a matter of public policy.
  • Worked on appeal reversing $4.4 million personal injury judgment based on impermissible stacking of inferences.
  • Challenged on appeal as part of a team the constitutionality of a state statute violating the dormant Commerce Clause by regulating trade with a foreign nation.
  • Argued appeal for pro bono client before the U.S. Court of Appeals for the Eleventh Circuit in constitutional challenge to municipal housing policy.
  • Defeated class certification motion in putative class action case in federal court filed under the Fair Debt Collection Practices Act and Florida Consumer Collection Practices Act.
  • Defeated class certification, obtained summary judgment, and won more than $800,000 in attorneys’ fees for developer as part of a team in case brought by condominium purchasers after real estate market crash.
  • Won summary judgment and denial of class certification as part of a team for legal service provider accused of violating Florida’s Deceptive and Unfair Trade Practices Act.
  • Won dismissal on statute of limitation grounds in federal court of mass action tort, potentially impacting thousands of loans for financial service corporation.
  • Obtained dismissal with prejudice of patent infringement claim, affirmed on appeal by Federal Circuit.
  • Won dismissal with prejudice of federal case alleging fraudulent inducement, wrongful foreclosure, violations of state consumer protection laws, and related tort claims.
  • Defeated at trial court and on appeal motion for prevailing party attorneys’ fees after dismissal of negligence case.
  • Defended corporate executive as a part of a team against allegations of fraud involving Venezuelan’s public utility sector.
  • Represented bank directors in a government investigation into bank’s failure.

Professional & Community Involvement

  • American Bar Association
  • The Florida Bar
    • Co-Chair, Media Law Conference (2016)
    • Judge, Parker Thomson Awards for Outstanding Legal Journalism in Florida (2019)
    • Media Law and Communications Committee
    • Appellate Practice Section
  • Federal Bar Association
  • Secretary, Yale Club of Tampa Bay
  • Vice President, American Constitution Society, Tampa Lawyer Chapter
  • First Amendment Foundation

Speaking Engagements

  • “Teaching the Constitution: A Day in the Life of Federal Court,” U.S. District Court for the Middle District of Florida (2010).
  • “Hot Topics and New Developments in Public Access and Privacy Law in Florida,” The Florida Bar Media Law Conference (2016).
  • “The Role of the State Attorney General,” American Constitution Society, Tampa Lawyer Chapter (2018).
  • “The Future of Political Gerrymandering in Florida,” American Constitution Society, Tampa Lawyer Chapter (2019).

Credentials

Education
  • University of Florida College of Law (J.D., magna cum laude, 2009)
    • Executive Managing Editor, Florida Law Review
    • T. Smith Award for Outstanding Associate Editor, Florida Law Review
    • Order of the Coif
    • Book award for highest grade in Appellate Advocacy, Federal Courts, Conflict of Laws, Business Organizations, Law Review, and Criminal Procedure/Adversary Systems
  • Yale University (B.A., 1995)
Bar Admissions
  • Florida
Court Admissions
  • U.S. Court of Appeals, Eleventh Circuit
  • U.S. District Court, Middle District of Florida
  • U.S. District Court, Northern District of Florida
  • U.S. District Court, Southern District of Florida
  • U.S. Bankruptcy Court, Middle District of Florida
  • Florida State Courts
Clerkships
  • Hon. Susan C. Bucklew, U.S. District Court, Middle District of Florida

Background

  • Associate, Akerman LLP, Tampa, FL (2015-2018)
  • Associate, León Cosgrove LLC, Miami (2014-2015)
  • Associate, White & Case LLP, Miami (2010-2014)
  • Law Clerk to the Honorable Susan C. Bucklew, U.S. District Court, Middle District of Florida, Tampa, FL (2009-2010)
  • Staff Writer & Assistant Metro Editor, The St. Petersburg Times, St. Petersburg, FL (1995-2006)
  • Intern, Metro News - The Washington Post, Washington (1995)

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.