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Robert W. Pass

Robert W. Pass

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Overview

Bob Pass' 39 years of practice span a broad array of complex litigation in state and federal courts, including large commercial contract disputes under the Uniform Commercial Code, commercial arbitrations, class action litigation, constitutional challenges to state statutes, insurance regulation and commercial insurance coverage litigation, unfair and deceptive trade practices, representing corporations in civil investigations by state agencies. Bob has extensive experience in electronic discovery - counseling clients in developing organizational policies, procedures, and systems to effectively and efficiently participate in discovery involving Electronically Stored Information (ESI), as well as representing clients on ESI discovery matters in litigation.

In addition to trials in state and federal courts, Bob has tried lengthy commercial arbitrations and adversarial hearings in Florida administrative forums. He has counseled clients in matters of dispute avoidance, pre-litigation planning, and strategic decision making in circumstances implicating potential litigation risk.

Bob is a member of The Sedona Conference, and speaks and publishes in the area of Electronic Discovery.

Experience

  • Anapolsky v. National Union Fire Insurance Co. of Pittsburgh, Pa. (S.D. Fla. September 26, 2013) (large claim under Directors & Officers insurance policy).
  • Florida Department of Financial Services, as receiver, v. National Union Fire Insurance Company of Pittsburgh, Pa. (N.D. Fla. March 7, 2012) (large claim under Directors & Officers insurance policy).
  • Farkas v. National Union Fire Insurance Company of Pittsburgh, Pa. (E.D. Va. Mar. 21, 2011) (large claim under Directors & Officers insurance policy).
  • First American Title Insurance Co. v. Attorneys’ Title Insurance Company (Circuit Court, Florida 2010-2011) (suit by title insurer to compel State insurance regulator to initiate receivership against competitor).
  • RTI Biologics, Inc. v. Lexington Insurance Company (Circuit Court, Florida 2011-2012) (large commercial insurance coverage dispute for alleged mass tort).
  • Bray & Gillespie Management, LLC v. Lexington Insurance Company, (M.D. Fla. 2009-2010) (jury trial of large hurricane property loss claim involving six beachfront hotels).
  • OMNI Healthcare v. HFHP, (large commercial arbitration before AAA three arbitrator panel) (2008).
  • In re Seroquel Products Liability Litigation, (M.D. Fla. September 2007-present)(pending multidistrict pharmaceutical litigation; E Discovery Counsel and Lead Defense Liaison with Court appointed Special Master For Electronic Discovery, since September 2007).
  • TECO Coal Corp. v. Orlando Utilities Commission, (E. D. Ky. 2008-present) (pending litigation, contract dispute over long term coal contract).
  • American International Group v. Florida Office of Insurance Regulation, (formal adversarial administrative hearing before the Florida Division of Administrative Hearings or "DOAH") (2005).
  • American International Group v. Florida Office of Insurance Regulation, (formal adversarial administrative hearing before “DOAH”) (2004).
  • State of Florida v. AT&T, (Second Judicial Circuit) (2004) (Unfair Trade Practices Claim, Circuit Court, Leon County, Florida).
  • Lincoln v. Thomasville Honda, et al., (N.D. Fla. 2004) (civil RICO).
  • Seven Hills, Inc. v. Bentley, 848 So. 2d 345 (Fla. 1st DCA 2003) (land use dispute, Circuit Court, Leon County, Florida).
  • Town of Belleair v. Progress Energy Florida, (commercial arbitration) (2003).
  • Department of Revenue v. City of Gainesville, 859 So. 2d 595 (Fla. 1st DCA 2003) (constitutionality of Florida tax statute), 859 So. 2d 595 (Fla. 1 DCA 2003) (constitutionality of Florida tax statute).
  • City of Winter Park v. Progress Energy Florida, (commercial arbitration) (2002).
  • Florida State University v. McHugh, (formal adversarial administrative hearing before “DOAH”) (2001) (constitutional "academic freedom" issues).
  • City of Casselberry v. Progress Energy Florida, (commercial arbitration) (2001).
  • Leon County v. Talquin Electric Co-operative, Inc., 795 So. 2d 1142 (Fla. 1st DCA 2001) (constitutional challenges to local utility ordinances, Circuit Court, Leon County, Florida).
  • Chicago Title Ins. Co. v. Butler, 770 So. 2d 1210 (Fla. 2000) (constitutionality of Florida insurance statute).
  • Gibbs Properties Corp. v. CIGNA Corp., 196 F.R.D. 430 (M. D. Fla. 2000) (putative national class action over alleged insurance practices).
  • Alachua County v. State, 737 So. 2d 1065 (Fla. 1999) (constitutionality of county revenue impositions).
  • The American Recycling Company, Inc. v. County of Manatee, 963 F. Supp. 1572 (M. D. Fla. 1997) (federal constitutional rights claims).
  • Federal Deposit Insurance Corp. v. Jacobs, Robbins Gaynor, (M. D. Fla. 1995) (professional malpractice claim against law firm).
  • MediTek Therapy, Inc. v. Vat-Tech, Inc., 658 So. 2d 644 (Fla. 2d DCA 1995) (unfair trade practices claim).
  • Jewell Jelling, Inc., Labofarma, S.A. v. G.D. Searle, Inc., (S. D. Fla. 1994) (breach of contract claim involving sale of Argentine subsidiary of U. S. parent).
  • Florida Department of Banking and Finance v. Bay Bank, (formal adversarial administrative hearing before “DOAH” seeking removal of bank directors) (1994).
  • Flower Power Corp. v. Seminole County, 579 So. 2d 105 (Fla. 1991) (constitutional challenges to local ordinances).
  • Marine One, Inc. v. Manatee County, 898 F.2d 1490 (11th Cir. 1990) (federal constitutional rights claims).
  • In re Gator Power, (formal adversarial administrative hearing before “DOAH”) (1987) (challenge to which electric utility could serve the University of Florida).
  • In re Advisory Opinion to the Governor, 509 So. 2d 292 (Fla. 1987) (briefing constitutionality of sale and use tax on certain services).
  • Langley v. Federal Deposit Insurance Corp., 792 So. 2d 541 (5th Cir. 1986), affirmed, Langley v. Federal Deposit Insurance Corp., 479 U.S. 1028 (1987) (argued in Supreme Court by United States Solicitor General) (rights of FDIC under failed bank statutes).
  • University of South Florida v. The Comptroller of Florida, (M. D. Fla. 1982) (constitutionality of state budget provisions).
  • Citizens of State of Florida v. Public Service Commission, 425 So. 2d 534 (Fla. 1982) (challenge to legality of Florida PSC’s first use of a "forward looking test year" in setting electric utility rates).
  • Highlands County Hospital v. Radiology Group, (commercial arbitration over exclusive radiology contract with hospital).

Recognition

  • AV Rated by Martindale-Hubbell
  • Phi Beta Kappa
  • Listed in The Best Lawyers in America, Commercial Litigation and Energy Law (2005-2019)
  • Listed in Chambers USA Guide to America's Leading Business Lawyers , Insurance (2006-2012)
  • Selected for inclusion in Florida Super Lawyers (2007-2017)

Professional & Community Involvement

  • The Florida Bar
    • Business Litigation and Local Government Law Sections
  • American Bar Association Section of Litigation
  • The American Law Institute
  • Florida Bar Foundation
  • American Bar Foundation
  • The University of South Florida President's Council
  • Greater Tampa Bay Phi Beta Kappa Society
  • Past Member, The Sedona Conference®
    • The Sedona Conference is a nonprofit national organization of litigation counsel and corporate counsel seeking to establish "best practices" for computerized litigation and electronic discovery.

Speaking Engagements

  • "The Nuts and Bolts of Responding to E-Discovery," DRI Life, Health, Disability and ERISA Seminar, Chicago (2014)
  • “E-Discovery, A View From The Bench And The Practitioner,” Annual Forum on the Construction Industry, American Bar Association, Scottsdale, AZ (2011)
  •  “Federal And State Electronic Discovery Rules (And Proposed Rules), And The Stages Of E Discovery,” The Fourth Annual Construction Law Forum, Orlando, FL (2011)
  • “Trends and Developments in Electronic Discovery,” via videoconference to the Florida Judges of Compensation Claims (June 4, 2010)
  •  “Electronic Discovery,” The Florida Judges of Compensation Claims (OJCC) (June 4, 2010)
  •  “Ten Big Picture, ‘Must Learn’ Lessons in E-Discovery,” In-House Counsel Forum, Orlando, FL (February 26, 2010)
  • “Electronic Discovery,” The Florida Bar Government Law Section (September 18, 2009)
  • “Ethical Issues In E-Discovery,” American Bar Association Webcast (June 4, 2008)
  • “Preservation through Production – Effective Management of Electronic Discovery,” Counsel to Counsel Forum (May 24, 2006)
  •  “Managing Discovery in the Digital Age,” Counsel to Counsel Forum (January 25, 2006)
  •  Emerging Issues Policy Forum, a forum on emerging issues in the electric utility industry nationwide under the Energy Policy Act of 2005 Orlando, FL (Fall 2005)

Credentials

Education
  • Florida State University College of Law (J.D., high honors, 1974)
    • Editor, The Florida State University Law Review
  • Florida State University (B.A., Government and Economics, 1971)
Bar Admissions
  • Florida
Court Admissions
  • United States Supreme Court
  • U.S. District Court, Middle District of Florida
  • U.S. District Court, Northern District of Florida
  • U.S. District Court, Southern District of Florida
  • Florida State Courts

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.