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David A. Karp

David A. Karp

Of Counsel

Overview

The power of words to change lives has been an animating force in David Karp’s career, first as a journalist for Florida’s leading newspaper and then as a lawyer who focuses on appeals and representing content creators in First Amendment and defamation cases.

As an appellate lawyer, David brings a decade of experience as a professional writer and editor to the craft of writing briefs and persuading courts. He has handled appeals in federal and state courts on a range of issues: class actions, bad faith insurance cases, real property disputes, personal injury cases, and constitutional challenges to state and local laws. He also represents clients in class actions and complex commercial cases in the trial court, helping frame issues for summary judgment and dismissal, and serving as an integral part of a trial team.

David’s experience as a journalist has also drawn him to defend clients sued for defamation and related torts. He is the past chair of The Florida Bar Media and Communications Law Committee, and writes and speaks about First Amendment law.

David grew up devouring newspapers, reads anything by Robert Caro and David Halberstam, and enjoys original audio, including Fresh Air, The Daily, How I Built This, Long Form, The Splendid Table, and Oyez.  He loves to cook, and also enjoys riding his Peloton. David has run the Chicago marathon twice. He has lived throughout Florida with his wife, daughter, and their English cocker spaniel, Daisy.

Featured Insights

Experience

Appellate Experience

  • Prevailed in three appeals before Florida’s Fourth District Court of Appeal upholding summary judgment in controversy over conditions precedent to enforcement of insurance policy.
  • 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 multiple 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 services company before the Florida Supreme Court, which held arbitration 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 Eleventh Circuit Court of Appeals in constitutional challenge to municipal housing policy.

First Amendment Experience

  • Successfully defended numerous clients in defamation and related tort claims in the higher education, retail, and development industries.
  • Successfully resolved defamation and tortious interference case involving challenge to waterfront development.
  • Counseled educational nonprofit about development of anti-harassment admission policies consistent with First Amendment law.
  • Briefed case for amici before the Eleventh Circuit Court of Appeals en banc in precedent-setting case involving the secrecy of federal grand jury records.

Commercial and Class Action Litigation Experience

  • Defeated class certification motion in putative class action case in federal court filed under the Fair Debt Collection Practices Act and the 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 the Florida Deceptive and Unfair Trade Practices Act.
  • Obtained summary judgment in due process challenge to alleged municipal code enforcement practices.

All Insights



05.04.2021
Survey of Florida Libel Law
Media Libel Law 2020–2021




05.04.2020
Survey of Florida Libel Law
Media Libel Law 2019–2020









06.10.2019



01.01.2011
Helping Journalists Get the Story Right
Hillsborough County Bar Association Lawyer Magazine (PDF)

07.01.2009

Recognition

  • Florida Rising Stars, Super Lawyers Magazine (2019)

Professional & Community Involvement

  • American Bar Association
    • Forum on Communications Law​
  • The Florida Bar
    • Chair, Media and Communications Law Committee (2022)
    • Co-Chair, Media Law Conference (2016)
    • Judge, Parker Thomson Awards for Outstanding Legal Journalism in Florida (2019–2020)
    • Appellate Practice Section
    • Adviser, Subcommittee on Civil Defamation Jury Instruction, Standard Jury Instructions Committee – Civil Cases 
  • American Constitution Society
    • Board of Directors, South Florida Lawyer Chapter (2019–present)
    • Board of Directors, Tampa Lawyer Chapter (2017–2019)
    • Florida Path to the Bench Working Group (2020–present)
  • First Amendment Foundation
  • Yale Alumni School Committee (1995–present)

Speaking Engagements

  • "First Amendment and the U.S. Supreme Court," 2022 Reporters’ Workshop, The Florida Bar Media and Communications Law Committee and Florida Supreme Court, Tallahassee, FL (September 20, 2022)
  • "The Ins and Outs of Rule 9.130: A Lawyer's Guide to Non-Final Appeals - Part II," The Florida Bar Appellate Practice Section (August 12, 2022)
  • "First Amendment and the U.S. Supreme Court Seminar," 2022 Annual Florida Bar Convention, The Florida Bar Media and Communications Law Committee, Orlando, FL (June 24, 2022)
  • Eleventh Circuit Year in Review: The Civil Docket,” American Constitution Society (April 22, 2022)
  • "Like, Share or Cancel: Social Media & The First Amendment," The Florida Bar Media and Communications Law Committee (April 14, 2022)
  • “A Look Inside a U.S. Supreme Court Case,” American Constitution Society, Florida Lawyer Chapter (March 1, 2022)
  • "Actual Malice in Libel Law," Media Law Seminar, University of Miami School of Law (February 28, 2022)
  • 1st Amendment and the U.S. Supreme Court," The Florida Bar Media and Communications Law Committee (June 25, 2021)
  • “A View From the House: U.S. Representative Ted Deutch on Judicial Nominations, Voting Rights, and the Work of the House Judiciary Committee,” American Constitution Society, Florida Lawyer Chapter (May 10, 2021)
  • “Florida and the Presidential Transition,” American Constitution Society, Florida Lawyer Chapter (December 7, 2020)
  • “Statutory Interpretation: Approaches, Canons, and Trends,” Carlton Fields Appellate Practice Seminar (December 4, 2020)
  • "COVID-19: What a Lender Can Do to Prepare for the Inevitable Defaults – Part Two," Carlton Fields (March 31, 2020)
  • “General Verdict Forms and Jury Instructions,” Carlton Fields Appellate Practice Seminar (June 21, 2019)
  • "The Future of Political Gerrymandering in Florida," American Constitution Society, Tampa Lawyer Chapter (2019)
  • "The Role of the State Attorney General," American Constitution Society, Tampa Lawyer Chapter (2018)
  • "Hot Topics and New Developments in Public Access and Privacy Law in Florida," The Florida Bar Media Law Conference (2016)

Credentials

Education
  • University of Florida Fredric G. Levin College of Law (J.D., magna cum laude, 2009)
    • Order of the Coif
    • Executive Managing Editor, Florida Law Review
  • Yale University (B.A., 1995)
Bar Admissions
  • Florida
Court Admissions
  • U.S. Supreme Court
  • U.S. Court of Appeals, Fifth Circuit
  • 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 (2015–2019)
  • Associate, León Cosgrove LLC, Miami, FL (2014–2015)
  • Associate, White & Case LLP, Miami, FL (2010–2014)
  • Law Clerk to the Honorable Susan C. Bucklew, U.S. District Court for the Middle District of Florida (2009–2010)
  • Staff Writer and Assistant Metro Editor, St. Petersburg Times, St. Petersburg, FL (1995–2006)
  • Intern, Metro News, The Washington Post, Washington, D.C. (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.