Kevin P. McCoy

Overview

Kevin McCoy is a tested business trial lawyer and counselor. Businesses across industries turn to him for his legal experience and judgment on a variety of issues impacting their industries from routine matters to complex "bet the business" litigation.

Kevin's practice includes the prosecution and defense of business litigation and product liability claims, including clients dealing with:

Unfair competition
Trade secret misappropriation
Noncompete violations
Tortious interference
Breach of contract
Statutory violations
Common law actions centering on unjust enrichment
Director and officer misconduct
Business divorces and business breakups
Partnership disputes
Consumer class actions
Toxic torts
Product liability and serious injuries

Kevin has been lead counsel in multiple consumer class actions that sought business-crippling damages. He has also served in lead roles in multijurisdictional mass tort cases and developed winning case and trial strategies to assist clients in navigating the myriad issues presented when defending high-value cases at the same time across multiple jurisdictions.

On the litigation side of his practice, Kevin practices under the mantra that the best way to resolve a case is to prepare it for trial from the start. He handles cases in all phases of litigation, from early negotiated resolutions through bench and jury trials and appellate review. He also is experienced in handling late engagements to triage cases when the original case plan has taken the case off track for resolution, or trial, and the case needs to be repositioned in a short time frame. He has been called upon to provide a fresh set of eyes to cases with high-exposure risk and to participate in mock trials on key issues that will control case outcomes.

Kevin dedicates a considerable amount of his practice to developing legal solutions for businesses in emerging markets. In this role, he develops strategies responsive to the litany of legal challenges that occur as the law evolves.

Kevin has also served as an arbitrator in business disputes and is available to mediate cases for parties seeking to find a resolution short of full-blown litigation.

Kevin is board certified in business litigation by the Florida Bar.

As my lawyer, Kevin rescued my business from multiple challenges and protected the livelihood of my family and my 300 employees. The way he presented evidence was focused and compelling, to the point where the judge complimented him on his closing argument. Within months, the case was resolved and my stores were open again. Every time I called Kevin, he was prepared with an answer. If I hadn't met him, I might have no business at all; instead, my life is beautiful and prosperous.

CEO, Fast Casual Restaurant Chain

Experience

Lead national counsel for a major child toy manufacturer defending a portfolio of injury and wrongful death claims pending in jurisdictions throughout the United States.
Obtained final summary judgment against plaintiffs in a 900,000-plus certified class action in federal court.
Obtained dismissal with prejudice of putative class action seeking refund of convenience fees paid for credit card transactions, which was affirmed on appeal at the state and federal level.
Defense counsel defending trade secret and business tort claims against competing technology company after hiring former employees from plaintiff.
Lead trial counsel in jury trial involving business divorce issues resulting in jury verdict awarding damages to client.
Obtained dismissal with prejudice in putative class action alleging FDCPA claims against technology client.
Trial counsel in seven-day jury trial concerning professional negligence claims.
Lead counsel in five-day jury trial concerning business claims and counterclaims resulting in judgment for client in excess of $200,000 and defeat of all claims against client.
Trial counsel in three-day bench trial resulting in final judgment of more than $699,000, which included a determination that the client was the prevailing party entitled to the recovery of its attorneys' fees and costs in addition to the sums awarded in the judgment.
Trial counsel in three-day bench trial for a homebuilder franchisor in its prosecution of misappropriation of trade secrets claims, including a determination that the client was the prevailing party entitled to recover attorneys' fees.
Lead counsel in jury trial resulting in verdict for contract damages in excess of $50,000 on behalf of client.
Obtained summary judgment in favor of national insurer against $24 million in claims by insured for D&O coverage for investigation costs associated with a federal securities investigation.
Lead counsel obtaining dismissal with prejudice of millions of dollars in state qui tam whistleblower claims against corporation and individual officers of company.
Obtained winning arbitration decision in favor of minority business owner in business divorce that permitted owner to oust majority owners and regain control of business.
Obtained a dismissal with prejudice of a federal civil RICO claim and pendant state law claims in which the plaintiff sought $1.5 million in damages.
Obtained a favorable judgment following bench trial for a homebuilder franchisor in its prosecution of misappropriation of trade secrets claims, including a determination that the client was the prevailing party entitled to recover attorneys' fees.
Represented one of the "big three" tobacco manufacturers in its defense of post-Engle claims pending in jurisdictions throughout Florida.
Obtained dismissal with prejudice of Florida Deceptive and Unfair Trade Practices Act claims, Florida RICO claims, and mortgage foreclosure-related claims on behalf of an institutional lender.
Obtained a dismissal with prejudice of a multi-count complaint seeking substantial damages against institutional lender client. Defended the result on appeal, resulting in a PCA from the appellate court.

Representative Cases

Nolen v. Fairshare Vacation Owners Ass'n, No. 22-11128, 2023 WL 5622595 (11th Cir. Aug. 31, 2023).
Nolen v. Fairshare Vacation Owners Ass’n, 591 F. Supp. 3d 1191 (M.D. Fla. 2022).
Pincus v. Am. Traffic Sols., Inc., 986 F.3d 1305 (11th Cir. 2021).
Hillcrest Country Club Ltd. P'ship v. Zyscovich, Inc., 288 So. 3d 1265 (Fla. 4th DCA 2020).
Lewis Tree Serv., Inc. v. Asplundh Tree Expert, LLC, 311 So. 3d 206 (Fla. 2d DCA 2020).
Pincus v. Am. Traffic Sols., Inc., No. 9:18-cv-80864, 2019 WL 9355827 (S.D. Fla. Jan. 14, 2019).
City of Oldsmar v. Trinh, 210 So. 3d 191 (Fla. 2d DCA 2016).
State ex rel. City of Aventura v. Jimenez, 211 So. 3d 158 (Fla. 3d DCA 2016).
Griffin v. ARX Holding Corp., 208 So. 3d 164 (Fla. 2d DCA 2016).
Burr v. Philip Morris USA, Inc., No. 8:07-cv-01429, 2012 WL 5290164 (M.D. Fla. Sept. 28, 2012).
Riley v. Wells Fargo Bank, N.A., 129 So. 3d 1075 (Fla. 2d DCA 2013).
Office Depot, Inc. v. Nat'l Union Fire Ins. Co. of Pittsburgh, 734 F. Supp. 2d 1304 (S.D. Fla. 2010), aff'd, 453 F. App'x 871(11th Cir. 2011). Summary judgment in favor of insurer on insured's claims of more than $24 million in investigation costs.
Harry & David v. J&P Acquisition, No. 1:09-cv-03056, 2009 WL 4892296 (D. Or. Dec. 17, 2009) (dismissing claims against corporate principals for lack of personal jurisdiction).
Merritt v. Lake Jovita Homeowner's Ass'n, No. 8:08-cv-00098, 2010 WL 627531 (M.D. Fla. Feb. 23, 2010) (awarding appellate attorneys' fees in favor of clients for their defense of a frivolous appeal).

Areas of Focus

Practices

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Kevin P. McCoy

Overview

Experience

Areas of Focus

Practices

Industries

Insights

News

Recognition

Professional & Community Involvement

Speaking Engagements

Pro Bono

Credentials

Education

Bar Admissions

Industry Specialization Certifications

Court Admissions