Aaron S. Weiss

Aaron S. Weiss has spent more than 20 years litigating a wide variety of cases involving telecommunications law, class actions, intellectual property litigation, insurance coverage, banking and lender liability, data privacy and cryptocurrency, business disputes, and consumer claims, primarily in federal courts in Florida. 

Aaron is board certified by the Florida Bar in Business Litigation, which is a distinction presently held by less than 220 of the more than 100,000 Florida lawyers.

Aaron also has significant experience in both prosecuting and defending against intellectual property claims, often in cases involving novel technology.

He also represents manufacturers, software companies, and wireless carriers in disputes with distributors, dealers, and resellers, and regularly handles litigation involving foreign parties and cross-border issues.

Aaron is recognized as a prominent voice in the legal press who regularly publishes articles, lectures, and podcasts on issues related to procedural rules in federal court practice and other issues related to his practice. He currently writes a regular column for Law360 addressing key issues under consumer class actions and is part of the board of contributors for the Daily Business Review, where he frequently writes columns relating to federal civil practice in Florida. Aaron is also a member of the faculty of the National Business Institute and the Institute for Paralegal Education, where he routinely teaches on issues related to consumer law and civil practice.

By appointment of Chief Judges K. Michael Moore and Cecilia Altonaga, since 2014, Aaron has served on the Southern District of Florida Ad Hoc Committee on Rules and Procedures. He has been the lead drafter of amendments to more than a dozen local rules.

Aaron also stays at the forefront of emerging issues at the intersection of technology and litigation. He is currently serving as one of the initial members of the Sedona Conference working group tasked with examining the discoverability and admissibility of generative artificial intelligence data. The group operates under the Sedona Conference’s Working Group on Electronic Document Retention and Production and is studying the legal and practical implications of disclosing and using generative AI data in litigation, including its discoverability under the Federal Rules of Civil Procedure, its admissibility under the Federal Rules of Evidence, and the resulting privacy and privilege considerations.

In addition to his practice as an advocate, Aaron has been certified as a mediator by the Florida Supreme Court and the U.S. District Court for the Southern District of Florida. In recent years, Aaron has served as a mediator in over 100 class action and other complex cases in federal district courts all over the country.

Class Action Litigation

Aaron defends class actions across a wide range of industries, including telecommunications, automotive, banking, mortgage insurance, timeshare, cryptocurrency, health care, and securities. He also regularly advises liability insurers on resolving class actions brought against their policyholders.

In more than two decades of practice, Aaron has become a recognized thought leader in the Florida and national class action defense bar. His track record includes:

• Minimizing class exposure through early, individual resolutions.
• Drafting and enforcing arbitration agreements with class action waivers.
• Compelling individual arbitration of putative class claims.
• Removing cases under the Class Action Fairness Act and opposing remand.
• Challenging Article III standing and personal jurisdiction.
• Securing stays and transfers.
• Disposing of cases at the pleading and summary judgment stages.
• Opposing class certification.
• Protecting consumer privacy in class notice and discovery.
• Negotiating favorable resolutions on a classwide basis, including settlements with reversionary funds.
• Coordinating parallel class litigation and regulatory enforcement actions.

Some of his notable class action matters include:

• Secured dismissal, for lack of subject matter jurisdiction, of class action against Property Assessed Clean Energy (PACE) program participant relating to solar energy improvements. Leon v. Ygrene Holdings Florida, LLC, No. 1:23-cv-23904, 2023 WL 11898013 (S.D. Fla. Oct. 16, 2023).
• Defended telecommunications company in class action concerning allegedly defective COBRA notices and obtained approval of a reversionary settlement fund. Taylor v. Citizens Telecom Servs. Co., No. 8:20-cv-00509, 2022 WL 456448 (M.D. Fla. Feb. 8, 2022).
• Obtained order granting dismissal of securities class action on the ground that the statements at issue were non-actionable. Verzwyvelt v. Terran Orbital Corp., No. 9:24-cv-81191, 2025 WL 2425081 (S.D. Fla. Aug. 22, 2025).
• On behalf of a claims administrator, secured precedent-setting order clarifying standing requirements in Medicare Secondary Payer Act litigation. MAO–MSO Recovery II, LLC v. Boehringer Ingelheim Pharm., Inc., 281 F. Supp. 3d 1278 (S.D. Fla. 2017).
• Counseled the leading prepaid mobile telephone service provider in resolving four consolidated class actions and an FTC enforcement action relating to its product advertisements, helping negotiate one of the first-ever joint resolutions of a private class action and an FTC enforcement action. In re TracFone Unlimited Serv. Plan Litig., 112 F. Supp. 3d 993 (N.D. Cal. 2015).
• Served as lead Florida trial and appellate counsel for a national mobile service provider in class action alleging that a retailer overcharged sales tax. Case favorably resolved following a precedent-setting appellate decision on the enforceability of arbitration agreements in Florida. MetroPCS Commc’ns, Inc. v. Porter, 273 So. 3d 1025 (Fla. 3d DCA 2018).
• As lead counsel, defended loan servicer against class claims under the Fair Debt Collection Practices Act (FDCPA) and the Florida Consumer Collection Practices Act (FCCPA) relating to alleged unlicensed debt collection activity. Named plaintiff voluntarily dismissed the case. Ledon v. SN Servicing Corp., No. 1:16-cv-21789 (S.D. Fla. 2016).
• Won dismissal of class action against life insurer alleging improper marketing practices for life insurance products. Patel v. Catamaran Health Sols., LLC, No. 0:15-cv-61891, 2016 WL 5942475 (S.D. Fla. Jan. 14, 2016).
• Defended mortgage insurance provider against class claims under the FDCPA and the FCCPA arising from foreclosure actions filed in Florida state court to foreclose a home equity line of credit. Named plaintiff voluntarily dismissed the case. Fernandez v. United Guar. Residential Ins. Co. of N.C., No. 8:16-cv-00638 (M.D. Fla. 2016).
• For a prominent bank sued with several other banks over alleged improper foreclosure practices, obtained dismissal of FDCPA claim under the Rooker-Feldman doctrine. Blum v. Glen Garron, LLC, 51 F. Supp. 3d 1286 (S.D. Fla. 2014).
• Defended large timeshare company in class action removed under the Class Action Fairness Act, defeating remand to state court and securing dismissal of FDUTPA and related claims. Perret v. Wyndham Vacation Resorts, Inc., 889 F. Supp. 2d 1333 (S.D. Fla. 2012).
• Represented five different banks in defending multiple class actions in the Southern District of Florida involving checking overdraft charges. In re Checking Account Overdraft Litig., MDL No. 2036, 2011 WL 6811009 (S.D. Fla. Nov. 1, 2011).
• Moved to compel individual arbitration on behalf of automobile finance lender in class action alleging Uniform Commercial Code violations relating to automobile repossessions; the case was then voluntarily dismissed. Jackson v. CIC Funding, LLC, No. 2013-21683-CA-01 (Fla. 11th Cir. Ct. 2013).
• Won dismissal, affirmed on appeal, of RICO class action against lender alleging improper consumer lending practices in Florida. Lawrie v. Ginn Dev. Co., 656 F. App’x 464 (11th Cir. 2016).
• Defended several companies in M&A strike suit class action in the Delaware Court of Chancery. In re Netsmart Techs., Inc. Shareholders Litig., 924 A.2d 171 (Del. Ch. 2007).
• Secured affirmance of class settlement approval and fee award over an objector’s appeal. Nelson v. Mead Johnson & Johnson Co., 484 F. App’x 429 (11th Cir. 2012).
• Obtained final approval of class settlement for VoIP provider in class action challenging subscription renewal practices. Aggarwal v. magicJack LP, No. 502011CA009521, 2012 WL 8718867 (Fla. 15th Cir. Ct. July 23, 2012).

In connection with his class action work, Aaron has co-chaired the ABA Commercial and Business Litigation Section’s Class Action Subcommittee. 

Telephone Consumer Protection Act Litigation and Counseling

Litigation involving the federal TCPA has increased dramatically in the last several years. While many firms across the country have only recently fielded teams in this area, Aaron has been involved in TCPA cases filed as early as 2009. Aaron also is nationally recognized as a leading authority on the Florida Telephone Solicitation Act (also called the Florida Mini TCPA) and has spoken at several national conferences regarding claims under this statute.

Many of the TCPA and FTSA cases he litigated have involved issues of first impression. Some of his notable TCPA and FTSA cases include:

• Secured a stay of TCPA class action pending interlocutory appeal of dispositive jurisdictional challenge. Mochan v. Madison Reed, Inc., No. 9:22-cv-80915, 2023 WL 8634482 (S.D. Fla. Aug. 11, 2023).
• Persuaded court to permit defendant to move for summary judgment with respect to the plaintiff’s individual TCPA claims prior to class certification. Verma v. Walden Univ., LLC, 666 F. Supp. 3d 1214 (M.D. Fla. 2023).
• Won a stay of FTSA case pending a ruling on Article III standing from the Eleventh Circuit. Garcia v. Spruce Servs., Inc., 662 F. Supp. 3d 1245 (S.D. Fla. 2023).
• Compelled non-class arbitration of FTSA claim.Amargos v. Verified Nutrition, LLC, 653 F. Supp. 3d 1269 (S.D. Fla. 2023).
• Compelled arbitration of FTSA claim against online retailer and stayed the case, with the court finding that the retailer had not waived its right to arbitrate. Adams v. Lashify, Inc., 689 F. Supp. 3d 1146 (M.D. Fla. 2023).
• Obtained dismissal of TCPA class action based on failure to establish that calls in question were made on behalf of a particular company. Brownlee v. Allstate Ins. Co., No. 1:21-cv-01428, 2021 WL 4306160 (N.D. Ill. Sept. 22, 2021).
• Won dismissal of TCPA case on First Amendment grounds. Cunningham v. Allstate Prop. & Cas. Ins. Co., No. 4:21-cv-00126, 2021 WL 1903800 (E.D. Tex. Apr. 21, 2021).
• Resolved TCPA class action by voluntary dismissal after arguing that claim was subject to arbitration on a single-plaintiff basis. Nicholson v. TracFone Wireless, Inc., No. 1:21-cv-22213, 2021 WL 4726480 (S.D. Fla. Sept. 7, 2021).
• Secured precedent-setting order addressing the intersection between requirements to disclose contact information for TCPA class notice and consumer privacy considerations. Ezold v. TracFone Wireless, Inc., No. 1:20-cv-21346, 2020 WL 6144632 (S.D. Fla. Oct. 16, 2020).
• Defeated TCPA claims for failure to sufficiently establish a basis for vicarious liability. Shcherb v. Angi Homeservices Inc., No. 1:19-cv-00367, 2020 WL 2571041 (S.D.N.Y. May 21, 2020).
• Recovered client’s costs of responding to a subpoena in a TCPA class action, over significant opposition from the party that served the subpoena. The court awarded six times the amount that party had offered to pay. Cook v. Palmer, Reifler & Assocs., No. 3:16-cv-00673, 2019 WL 5697230 (M.D. Fla. Nov. 4, 2019).
• Obtained approval of TCPA class settlement with a reversionary settlement fund. Tickling Keys, Inc. v. Transamerica Fin. Advisors, Inc., 305 F. Supp. 3d 1342 (M.D. Fla. 2018).
• Won dismissal of TCPA claim on the argument that allegations relating to autodialing were implausible. This was the first reported decision from a court in the Eleventh Circuit applying the plausibility standard to a TCPA pleading. McGinity v. TracFone Wireless, Inc., 5 F. Supp. 3d 1337 (M.D. Fla. 2014).
• Enforced contractual jury trial waiver against TCPA claims. Newton v. Wells Fargo Bank N.A., No. 3:13-cv-01017, 2013 WL 5854520 (M.D. Fla. Oct. 30, 2013).
• Compelled arbitration of TCPA claims. Levingston v. TracFone Wireless, Inc., No. 3:13-cv-08265, 2014 WL 12915515 (D. Ariz. Feb. 28, 2014).
• Secured dismissal of TCPA claims where plaintiff sought recovery for prerecorded voice calls while alleging they spoke with a live person from defendant’s company. Duran v. Wells Fargo Bank, N.A., 878 F. Supp. 2d 1312 (S.D. Fla. 2012).
• Obtained order clarifying rules governing consent to be called on a cellphone under the TCPA. Gray v. Morgan Drexen, Inc., 2:13-cv-00083, 2014 WL 2573227 (M.D. Fla. June 9, 2014).
• Successfully limited scope of Fed. R. Civ. P. 30(b)(6) deposition. Dayhoff v. Wells Fargo Home Mortg., Inc., No. 6:13-cv-01132, 2014 WL 12618185 (M.D. Fla. Apr. 9, 2014).
• Prevailed on issue of first impression establishing standards for asserting third-party claims in TCPA cases. Osorio v. State Farm Bank, F.S.B., 278 F.R.D. 671 (S.D. Fla. 2011).

Aaron routinely counsels business clients on TCPA and FTSA compliance and counsels insurance companies on TCPA-related coverage issues. He is also a frequent speaker on issues related to the TCPA and the FTSA.

Data Privacy, Cryptocurrency, Cyber-Related Litigation and Counseling

Aaron has extensive experience representing companies in litigation involving data privacy, cryptocurrency, and cyber-related issues. He has defended companies in class actions involving compromises of credit cards and other personally identifiable information (PII) since the wave of data breach class actions started almost a decade ago. He has also assisted companies with protecting their rights when they have been the victims of cyber hacking. Likewise, he has significant experience in advising insurance companies on issues related to cyber claims, with a particular emphasis on counseling carriers on data breach and other cyber-related class actions.

• Defeated request for ESI preservation order, with the court finding such an order unwarranted absent a showing that data may be lost. In re Zeta Global Data Privacy Litig., No. 1:25-cv-05780, 2026 WL 1283618 (S.D.N.Y. May 11, 2026).
• Compelled arbitration of claims against cryptocurrency exchange. Osterer v. BAM Trading Services Inc., 753 F. Supp. 3d 1289 (S.D. Fla. 2024).
• Compelled arbitration of two consolidated cases against cryptocurrency exchange and its founder. Martin v. Binance Holdings Ltd., No. 25-cv-22100, 2026 WL 739476 (S.D. Fla. Mar. 16, 2026).
• Won dismissal of cryptocurrency exchange from Florida lawsuit for lack of personal jurisdiction. Kowalski v. Binance Holdings Ltd., No. 2021-023426-CA-01, 2024 WL 5312154 (Fla. 11th Cir. Ct. Aug. 8, 2024).
• Secured stay of non-arbitration discovery, pending a ruling on a motion to compel individual arbitration, in class action against leading cryptocurrency exchange alleging violations of various consumer protection statutes. Sizemore v. Zhao, 686 F. Supp. 3d 1262 (S.D. Fla. 2023).
• Compelled arbitration of vendor’s breach-of-contract claim against cryptocurrency exchange. Q6 Intelligence, LLC v. Binance Holdings Ltd., No. 25-60230, 2025 WL 2790586 (S.D. Fla. Aug. 29, 2025).
• Defended leading cryptocurrency exchange in arbitration brought by a consumer who alleged a third party had defrauded them, winning a no-liability award and attorneys’ fees for the client, then confirmation of the award in federal court. Foris DAX, Inc. v. Garcia, No. 1:23-cv-21702, 2023 WL 3746337 (S.D. Fla. May 31, 2023).
• Negotiated settlement with a reversionary fund for medical services company in class action relating to compromise of credit card numbers. Diaz v. Chapters Health Sys., Inc., No. 8:18-cv-03052, 2020 WL 5166527 (M.D. Fla. Aug. 31, 2020).
• Won $10 million award for client in case alleging an international cellphone trafficking scheme with a Dubai-based cellphone trafficker. TracFone Wireless, Inc. v. Nektova Grp., LLC, 328 F.R.D. 664 (S.D. Fla. 2019). Case profiled by Law360: TracFone Secures $10M Judgment in Device Trafficking Row.
• Secured $839,775 in monetary sanctions against defendant in scheme involving improper resale of illegally cloned cellphone airtime cards, along with an order directing the U.S. Marshal to auction off the defendant’s property to allow our client to satisfy its judgment. TracFone Wireless, Inc. v. LaMarsh, 98 F. Supp. 3d 828 (W.D. Pa. 2015). Case profiled by the Altoona Mirror: Altoona Man Sentenced in Federal Court.
• Over plaintiffs’ objections, secured stay of data breach class action against medical services provider involving alleged exposure of health care-related PII, pending the Supreme Court’s consideration of Article III standing issues in other cases. Stoll v. Musculoskeletal Inst., Chartered, No. 8:20-cv-01798, 2021 WL 632622 (M.D. Fla. Feb. 18, 2021).
• Defended cellphone carrier against claim related to fraud arising from manipulation of two-factor authentication. Case resolved by voluntary dismissal. Anderson v. Verizon Commc’ns, Inc., No. 713925/2019, 2020 WL 12918581 (N.Y. Sup. Ct. Jan. 24, 2020).
• Defended cyber liability carrier in contested dispute over potential coverage for a class action relating to the exposure of credit card numbers. HUB Parking Tech. USA, Inc. v. Ill. Nat’l Ins. Co., No. 2:19-cv-00727, 2019 WL 10634714 (W.D. Pa. Sept. 12, 2019).
• Served as lead counsel for prepaid cellphone company in class action alleging violations of the Electronic Fund Transfer Act, 15 U.S.C. § 1693. Named plaintiff voluntarily dismissed the case. Gamroth v. TracFone Wireless, Inc., No. 2:12-cv-00187 (E.D. Wis. 2012).
• Defended one of the first data breach class actions in the country, winning dismissal of several causes of action before negotiating a favorable resolution. Burrows v. Purchasing Power, LLC, No. 1:12-cv-22800, 2013 WL 10167232 (S.D. Fla. Oct. 7, 2013).
• Represented telecommunications carrier in dispute involving credit card processing and verification systems. ACI Worldwide Corp. v. TracFone Wireless, Inc., No. 1:16-cv-00981, 2017 WL 3228138 (D. Del. July 31, 2017).
• Counseled commercial liability insurer on coverage for a class settlement relating to the exposure of PII. Legg v. Lab. Corp. of Am., No. 0:14-cv-61543, 2016 WL 3944069 (S.D. Fla. Feb. 18, 2016).
• Advised cyber liability insurers on settlement of a data privacy class action. Legg v. Spirit Airlines, Inc., 315 F.R.D. 383 (S.D. Fla. 2015).
• Prosecuted claim for prepaid phone carrier involving social engineering that induced call agents to unknowingly create fake airtime cards, and obtained preliminary injunction against defendant. TracFone Wireless, Inc. v. Refill Phones, LLC, No. 4:15-cv-02246, 2015 WL 6965184 (S.D. Tex. Nov. 4, 2015).
• Won judgment for prepaid phone carrier against defendant that used computer hacking to create fraudulent airtime cards. TracFone Wireless, Inc. v. Holden Prop. Servs., LLC, 103 F. Supp. 3d 1357 (S.D. Fla. 2015).

Insurance Litigation and Counseling

Aaron frequently counsels several of the leading commercial insurers when their policyholders are involved in class action litigation and other complex litigation matters. Some of the notable insurance matters include:

• Obtained order determining that a policyholder generally may not seek a Rule 65 preliminary mandatory injunction to have their defense costs advanced while insurance coverage is contested. Manchester v. Endurance Assurance Corp., 350 F.R.D. 166 (S.D. Fla. 2025).
• Prevailed in appeal before Eleventh Circuit in insurance coverage policy case turning on application of the series qualifier canon. ECB USA, Inc. v. Chubb Insurance Co. of New Jersey, 587 F. Supp. 3d 1165 (S.D. Fla. 2022), aff’d, 113 F.4th 1312 (11th Cir. 2024).
• Secured several rulings for insurers on issues of first impression on claims related to aircraft remaining in Russia during the Russia-Ukraine war. Aviator Cap. Mgmt., LLC v. Chubb Eur. Grp. SE, No. 2022-015668-CA-01, 2024 WL 5700251 (Fla. Cir. Ct. Nov. 26, 2024); Zephyrus Aviation Capital, LLC v. Berkshire Hathaway Int’l Ins. Ltd., 386 So. 3d 919 (Fla. 4th DCA 2024); Carlyle Aviation Partners, LLC v. American Int’l Grp. UK Ltd., No. 2022-020857-CA-01, 2023 WL 12092432 (Fla. Cir. Ct. Mar. 20, 2023).
• Defeated a plaintiff’s motion to remand D&O coverage case to state court. Wilson v. PartnerRe Ireland Insurance D.A.C., No. 2:23-cv-00738, 2023 WL 3814884 (D. Ariz. June 5, 2023).
• Won summary judgment for insurer based on a related claims provision, affirmed on appeal. PNI Litig. Tr. v. Nat’l Union Fire Ins. Co. of Pittsburgh, No. 1:21-cv-21416, 2023 WL 2524727 (S.D. Fla. Mar. 15, 2023), aff’d, No. 23-11260, 2024 WL 3027682 (11th Cir. June 17, 2024).
• Obtained order transferring complex coverage case from the District of Delaware to the Middle District of Florida. Arthrex, Inc. v. Nat’l Union Fire Ins. Co. of Pittsburgh, No. 1:22-cv-00465, 2022 WL 16758538 (D. Del. Nov. 8, 2022).
• Secured bar order for D&O insurance carrier against future claims, over objections from securities class action plaintiffs. Brophy v. Salkin, 550 B.R. 595 (S.D. Fla. 2015).
• Advised commercial liability insurer on issues related to potential coverage for an FDUTPA class action related to allegedly defective furniture. Blobner v. R.T.G. Furniture Corp., 407 F. Supp. 3d 1270 (M.D. Fla. 2019).
• Advised D&O insurance carrier on claims under Florida’s assignment for the benefit of creditors statute. 360fly, Inc. v. Osborne, No. CACE 19-017819, 2020 WL 6141580 (Fla. 17th Cir. Ct. Oct. 3, 2020).
• Defeated objections by U.S. trustee and obtained bar order prohibiting further claims against its policyholder — a failed entertainment company. In re Latitude 360, Inc., 603 B.R. 183 (Bankr. M.D. Fla. 2019).
• Represented D&O insurance carrier in obtaining approval of a trustee settlement and a bar order. In re Jiangbo Pharms., Inc., 520 B.R. 316 (Bankr. S.D. Fla. 2014).
• Served as lead counsel from case filing through a five-day federal jury trial for an insurance carrier during four years of litigation seeking payment of underpaid premiums. At trial, client was awarded the complete amount of damages sought and following trial, the court awarded the client more than 95% of its requested attorneys’ fees. Home Assurance Co. v. Weaver Aggregate Transport, Inc., 298 F.R.D. 692 (M.D. Fla. 2014).

Intellectual Property Litigation

Aaron has considerable experience representing clients in intellectual property litigation, often on issues involving novel technology. Some of these cases include:

• Obtained temporary restraining order and preliminary injunction to stop illegal pirating of FIFA World Cup broadcasts. Televisaunivision, Inc. v. Alphand, No. 26-cv-23911, 2026 WL 2608548 (S.D. Fla. July 24, 2026).
• Represented well-known U.S. based seller of specialty footwear to defeat motion for temporary restraining order and preliminary injunction filed by Chinese-based maker of similar looking products. HK Eastone Trading Ltd. v. Keen, Inc., No. 1:26-cv-25291, 2026 WL 2929506 (S.D. Fla. Sept. 11, 2026).
• Defeated copyright claims against a national restaurant brand, which were affirmed on appeal. Rogers v. FRG LLC, No. 24-12312, 2025 WL 2505468 (11th Cir. Sept. 2, 2025).
• For scientific equipment manufacturer in case against competitor, defeated a motion to dismiss and a motion to disqualify plaintiff’s counsel, and secured an order precluding the defendant from relying on more than 30 categories of late-produced documents. Cole-Parmer Instrument Co. v. Prof’l Labs., Inc., 568 F. Supp. 3d 1307 (S.D. Fla. 2021).
• In patent infringement dispute against mobile phone carrier, won mandamus relief from the Federal Circuit Court of Appeals transferring the case out of the Western District of Texas to the client’s home district. In re TracFone Wireless, Inc., 852 F. App’x 537 (Fed. Cir. 2021).
• Obtained $2.2 million judgment and injunction in favor of leading software distributor in case against software infringer. Microsoft Corp. v. Tech HQ, Inc., No. 0:16-cv-62633, 2018 WL 941721 (S.D. Fla. Feb. 2, 2018).
• Won preliminary injunction under the Lanham Act following evidentiary hearing, and persuaded the court to waive the bond requirement in light of overwhelming likelihood of success on the merits. TracFone Wireless, Inc. v. Washington, 978 F. Supp. 2d 1225 (M.D. Fla. 2013).

Banking and Lender Litigation

Aaron has represented banks and other lending institutions in loan enforcement, lender liability, and related litigation in state and federal courts. Notable matters include:

• Worked closely with the FDIC on behalf of lending institutions enforcing commercial loan documents to revive the D’Oench Duhme doctrine, which is asserted to bar claims against the successors to failed banking institutions. Drafted the briefs that became the template for motions the FDIC used in these matters across the country, and was asked to participate in hearings on the doctrine throughout Florida, including on 1225 S.W. 8th St. Prop., Inc. v. Iberiabank, 84 So. 3d 326 (Fla. 3d DCA 2012).
• Secured ruling that the federal court maintains mandatory continued jurisdiction after dismissal of the FDIC when superpowers are invoked. Iberiabank v. Coconut 41, LLC, No. 2:11-cv-00321, 2012 WL 2345223 (M.D. Fla. June 11, 2012).
• Following a three-day bench trial, obtained judgment for bank against developer’s counterclaim, affirmed on appeal. IberiaBank v. Coconut 41, LLC, 984 F. Supp. 2d 1283 (M.D. Fla. 2013), aff’d, 589 F. App’x 479 (11th Cir. 2014).
• Guided a lender through an “around the country” jurisdictional journey: (1) prevailing in a contested removal from West Virginia state court to the Northern District of West Virginia; (2) prevailing in a heavily opposed transfer from that court to the Middle District of Florida; and (3) obtaining a stay from the transferee court to allow a Florida state court to enter summary judgment. Creative Commc’ns, LLC v. Iberiabank, No. 5:14-cv-00036, 2014 WL 2111208 (N.D. W. Va. May 7, 2014).
• As lead counsel for multistate bank in class action alleging unlawful check cashing fees, obtained precedent-setting appellate orders establishing amount-in-controversy standards under the Class Action Fairness Act, McDaniel v. Fifth Third Bank, 568 F. App’x 729 (11th Cir. 2014), and affirmance of dismissal with prejudice, McDaniel v. Fifth Third Bank, 192 So. 3d 489 (Fla. 5th DCA 2016).
• Compelled arbitration of class action against national bank alleging improper payday loans. Gunson v. BMO Harris Bank, N.A., 43 F. Supp. 3d 1396 (S.D. Fla. 2014).
• Secured transfer to the Northern District of Ohio of class action against leading multistate bank alleging improper loans. Laskaris v. Fifth Third Bank, 962 F. Supp. 2d 1297 (S.D. Fla. 2013).
• Won dismissal of improperly joined claims against bank accused of improper loan servicing practices. Barber v. America’s Wholesale Lender, 289 F.R.D. 364 (M.D. Fla. 2013).
• Defended leading bank against false imprisonment claims and defeated plaintiff’s attempt to pursue punitive damages. Marshall v. Washington, 487 F. App’x 523 (11th Cir. 2012).
• Obtained writ of bodily attachment for lender against a defendant that failed to provide post-judgment disclosures. OptimumBank v. BSD of Miami Gardens, LLC, No. 15-000353 CA 01, 2016 WL 11756265 (Fla. 11th Cir. Ct. Jan. 7, 2016).
• In vessel foreclosure for lender, obtained judgment on the pleadings against crew-member intervenor after the court-ordered sale of the vessel. Fifth Third Bank v. Lady Sara, Ltd., No. 0:17-cv-61345, 2018 WL 11307339 (S.D. Fla. Dec. 13, 2018).
• Won summary judgment for bank as third-party defendant, followed by an award of attorneys’ fees and costs. RL Regi Fin., LLC v. Gunther Dev., LLC, No. 2011CA000921, 2015 WL 12660352 (Fla. 20th Cir. Ct. Jan. 27, 2015).
• Won dismissal with prejudice of claims in putative multistate class action challenging bank’s cash advance program. Klopfenstein v. Fifth Third Bank, No. 1:12-cv-851, 2015 WL 1468382 (S.D. Ohio Mar. 30, 2015).
• Obtained ruling in bankruptcy court confirming bank’s first-priority mortgage lien on estate property. In re Steffen, 464 B.R. 450 (Bankr. M.D. Fla. 2012).

Distribution, Dealer, and Brand Protection Litigation

Aaron represents wireless carriers, software companies, technology manufacturers, and consumer brands in disputes with distributors, dealers, resellers, and trafficking networks that divert products from authorized channels. Notable matters include:

• Secured ruling that terms and conditions packaged with prepaid phones were enforceable against bulk resellers, together with judgment on Lanham Act claims. TracFone Wireless, Inc. v. Anadisk LLC, 685 F. Supp. 2d 1304 (S.D. Fla. 2010).
• Defended wireless service provider in dispute with former master dealer; the case was voluntarily dismissed after a summary judgment hearing. Wireless Shop, LLC v. TracFone Wireless, Inc., No. 1:18-cv-23160, 2018 WL 6817054 (S.D. Fla. Oct. 15, 2018).
• Represented a leading cosmetic products company in antitrust litigation. Assisted with obtaining order of dismissal with prejudice and affirmance on appeal. Duty Free Ams., Inc. v. Estée Lauder Cos., Inc., 797 F.3d 1248 (11th Cir. 2015).
• Prosecuted claims for wireless service provider against former distributor and defeated dismissal of the majority of claims. TracFone Wireless, Inc. v. Simply Wireless, Inc., 275 F. Supp. 3d 1332 (S.D. Fla. 2017).
• Defended antitrust claims on behalf of specialty marine paint manufacturer in litigation lasting nearly 10 years through state and federal trial and appellate courts. MYD Marine Distrib., Inc. v. Int’l Paint Ltd., 151 So. 3d 1263 (Fla. 4th DCA 2014).
• Defeated request for preliminary injunction against wireless service provider in a dispute with former agent, Megatel Mobile, LLC v. TracFone Wireless, Inc., No. 2:17-cv-03837, 2017 WL 4544618 (D.N.J. Oct. 6, 2017).
• Defeated software reseller’s motion to set aside default, with the court finding no showing of good cause. Microsoft Corp. v. Your Shop Online, LLC, 320 F.R.D. 93 (S.D. Fla. 2016).
• Obtained injunction and judgment of $910,000 against company engaged in improper distribution of computer software. Microsoft Corp. v. Tech Emporium Enters., Inc., No. 1:17-cv-00141, 2018 WL 6137199 (N.D. Fla. Jan. 16, 2018).
• Won summary judgment on breach-of-contract liability against handset reseller, defeated the defendants’ cross-motions, and secured ruling permitting the carrier’s lay damages testimony. Sprint Nextel Corp. v. Simple Cell Inc., 248 F. Supp. 3d 663 (D. Md. 2017).
• Obtained final judgment and permanent injunction for national wireless carrier against scheme trafficking in SIM cards loaded with stolen airtime. T-Mobile USA, Inc. v. Begum, No. 11-cv-2542, 2011 WL 4090930 (E.D.N.Y. Aug. 17, 2011).
• Secured default judgment, permanent injunction, and monetary relief for VoIP device maker on false advertising and trademark claims. MagicJack LP v. JoiPhone, LLC, No. 08-81570, 2009 WL 10664672 (S.D. Fla. Aug. 19, 2009).
• Represented a leading component manufacturer in obtaining a judgment against a distributor; defeated the distributor’s later request to extend discovery and expert deadlines for lack of diligence. Esys Latin Am., Inc. v. Intel Corp., 925 F. Supp. 2d 1306 (S.D. Fla. 2013).

International and Cross-Border Litigation

Aaron regularly handles litigation involving foreign parties, including service of process abroad, jurisdictional and forum challenges, and discovery for use in foreign proceedings. Notable matters include:

• Won dismissal, on grounds of lack of personal jurisdiction and forum non conveniens, of tort claims brought in Florida arising from alleged conduct in Singapore by an Icelandic national. Doe v. Ibanera, LLC, No. 1:25-cv-24118, 2026 WL 2089224 (S.D. Fla. May 21, 2026).
• Secured dismissal, for lack of subject matter jurisdiction, of claims by a foreign national against a foreign cryptocurrency exchange. Medvedev v. Binance Holdings Ltd., No. 23-cv-7060, 2024 WL 4664518 (E.D.N.Y. Sept. 3, 2024).
• Represented Brazil-based bank in contesting attempted use of 28 U.S.C. § 1782 by Brazilian bankruptcy trustee for discovery in Brazil. Obtained a precedent-setting order staying proceeding pending resolution of issues in Brazil and Cayman Islands courts. In re Application of Alves Braga, 789 F. Supp. 2d 1294 (S.D. Fla. 2011).
• Persuaded court to authorize alternative service on a Honduran corporation by FedEx, and defeated the defendant’s motion to quash. TracFone Wireless, Inc. v. Distelec Distribuciones Electronicas, S.A. de DV, 268 F.R.D. 687 (S.D. Fla. 2010).
• Won approval for lender to serve a foreign borrower by international express mail under the Hague Service Convention, and to serve a guarantor through a contractually designated agent. Safra Nat’l Bank of N.Y. v. Crystal Springs Partners, Ltd., No. 11-09045 CA 30, 2011 WL 12893761 (Fla. 11th Cir. Ct. May 13, 2011).
• Obtained order authorizing service on a defendant in Belize under the Hague Service Convention. TracFone Wireless, Inc. v. Hernandez, 126 F. Supp. 3d 1357 (S.D. Fla. 2015).
• Obtained authorization to serve a defendant through LinkedIn and Facebook. DirecTV, LLC v. WNK Assocs., Inc., No. 6:22-cv-00423, 2023 WL 2025039 (E.D. Tex. Feb. 15, 2023).

Other Notable Business Litigation Matters

In addition to his extensive experience in telecommunications law, class action, and consumer claims, as a Florida Bar board certified specialist in business litigation, Aaron has a broad range of experience in complex commercial matters, including judgment enforcement, wage-and-hour, securities, and novel discovery disputes. Some of his notable representations include:

• Obtained order quashing subpoena returnable in Florida based on finding that a subpoena was not a proper vehicle for discovery between parties. Spectrum Brands Inc. v. Tristar Products Inc., No. 1:25-mc-22364, 2025 WL 2732590 (S.D. Fla. July 1, 2025).
• Secured order permitting service of subpoenas via FedEx or UPS as such methods are reasonably calculated to ensure receipt of the subpoena by the witness. TracFone Wireless, Inc. v. SCS Supply Chain LLC, No. 1:19-cv-20604, 2019 WL 1323116 (S.D. Fla. Feb. 22, 2019).
• Recovered, for a nonparty subpoena recipient, tens of thousands of dollars in attorneys’ fees incurred in responding to a subpoena. Silverman v. Falcone, No. 9:14-cv-80407, 2015 WL 5836775 (S.D. Fla. Sept. 24, 2015).
• Represented chairman of Fortune 50 company in suit by allegedly aggrieved claimant. Matter resolved by voluntary dismissal by plaintiff. Young v. Hancock, No. 1:17-cv-21473, 2017 WL 3113417 (S.D. Fla. Apr. 24, 2017).
• Prosecuted claims related to improper sales of products and obtained judgment for $60,000 in favor of client. TracFone Wireless, Inc. v. Ada, No. 5:09-cv-00603, 2009 WL 10729585 (W.D. Okla. Aug. 3, 2009).
• Won civil contempt sanctions of $7,740,000, plus $64,870.38 in attorneys’ fees and costs, against defendants that violated a permanent injunction. TracFone Wireless, Inc. v. GCA Elecs., LLC, 950 F. Supp. 2d 1326 (N.D. Ga. 2013).
• Obtained contempt order under Rule 45(g) against nonparties who failed to appear for subpoenaed depositions. TracFone Wireless, Inc. v. LaMarsh, 307 F.R.D. 173 (W.D. Pa. 2015).
• For an insurer holding a judgment, defeated a garnishee bank’s demand to set off funds in the debtor’s account, even though the bank held a perfected security interest. Home Assurance Co. v. Weaver Aggregate Transport, Inc., 84 F. Supp. 3d 1314 (M.D. Fla. 2015).
• Represented the owner of the world-famous “Versace Mansion” in foreclosure proceeding and devised a strategy to avoid foreclosure for more than 15 months by demanding that each of the more than 20 individuals who were members of the LLC that held the note establish they were diverse from the defendant. VM S. Beach LLC v. Casa Casuarina, LLC, No. 1:11-cv-24612, 2013 WL 1149657 (S.D. Fla. Mar. 19, 2013).
• Defended former directors and officers of a national airline in securities litigation in Florida state, federal, and bankruptcy courts, and obtained orders dismissing complaints from both state and federal judges. Arnold v. McFall, 839 F. Supp. 2d 1281 (S.D. Fla. 2011); Welt v. McFall, No. CACE-12-030848, 2013 WL 5937319 (Fla. 17th Cir. Ct. Aug. 26, 2013).
• Successfully contested subpoenas and obtained fees for client. Learning Connections, Inc. v. Kaufman, Englett & Lynd, PLLC, 282 F.R.D. 574 (M.D. Fla. 2012).
• Defended telecommunications company in lawsuit challenging eligibility for free cell phones under the federal Lifeline program. Schipke v. TracFone Wireless, Inc., 146 F. Supp. 3d 455 (D. Conn. 2015).
• Served as counsel to nationally known recording artist in dispute with a service vendor; successfully opposed motion to transfer venue. Marley v. Jetshares Only, LLC, 767 F. Supp. 2d 1337 (S.D. Fla. 2011).

Pro Bono Work – Southern District of Florida Volunteer Attorney Program

Aaron is a strong advocate for pro bono service. He is a member of the Southern District of Florida’s Pro Bono Panel List, through which he frequently provides representation in connection with the Court’s Volunteer Attorney Program. In recent years, some of the pro bono cases in which Aaron has provided volunteer representation include:

• Represented an incarcerated individual enforcing his rights under the Religious Land Use and Institutionalized Persons Act. Prevailed on all claims following a three-day bench trial in February 2026. Scott v. Dixon, 2026 WL 2389010 (S.D. Fla. Aug. 17, 2026).
• Represented an individual appealing a denial of Social Security Disability Insurance benefits. Bihary v. Kijakazi, 23-cv-80304, 2024 WL 1071969 (S.D. Fla. Mar. 12, 2024).
• Represented an incarcerated individual who alleged that he had been the victim of a physical assault while in custody. Successfully resolved case at mediation. Evans v. Hyppolite, No. 1:23-cv-20208 (S.D. Fla. 2023).
• Represented an incarcerated individual who alleged that the jail withheld appropriate detoxification medications when he was taken into custody. Ferguson v. Palm Beach Cnty. Sheriff’s Dep’t of Corr., 797 F. Supp. 3d 1276 (S.D. Fla. 2025).
• Represented an individual appealing the denial of her father’s Social Security Disability Insurance benefits. The Social Security Administration agreed to a voluntary remand after we submitted our brief. DeRisi v. Comm’r of Soc. Sec., No. 1:24-cv-21637 (S.D. Fla. 2024).

• Board Certified in Business Litigation by the Florida Bar
• Certificate of Meritorious Service, Consumer Protection Law Committee, The Florida Bar (2026)
• The Best Lawyers in America, Commercial Litigation, Mass Tort Litigation/Class Actions – Defendants (2023–2027)
• Most Effective Lawyers Award, Daily Business Review (2019)
• Certificate of Merit, Dade County Bar Association (2015–2016)

• American Bar Association
  • Co-Chair, Class Actions Subcommittee, Commercial and Business Litigation Committee, Section of Litigation (2011–2013)
• The Florida Bar
  • Consumer Protection Law Committee (2020–present)
    • Vice Chair (2024–2025)
    • Chair, Awards Subcommittee (2023–2024)
    • Chair, Data Privacy and Cybersecurity Subcommittee (2022–2023)
    • Co-Chair, CLE Subcommittee (2021–2022)
• Dade County Bar Association
  • Frequent presenter and conference panelist/moderator
• Daily Business Review
  • Regular columnist as part of the paper’s board of contributors
• Law360
  • ​Telecommunications Editorial Advisory Board (2016–2020; 2023–present)
  • Columnist on the FDUTPA, the TCPA, and Consumer Class Actions (2020–2024)
• Miami-Dade Chamber of Commerce
  • Leadership Miami, Class of 2010–2011
• Professional Associations for Customer Engagement (PACE)
  • Government Affairs Committee (2023–2024)
• U.S. District Court, Southern District of Florida
  • Ad Hoc Committee on Rules and Procedures (2014–present)
  • Subcommittee chair and lead drafter of amendments to several local rules, including S.D. Fla. L.R. 26.1 (discovery rules); S.D. Fla. L.R. 56.1 (summary judgment); S.D. Fla. L.R.  7.2 (procedures following removal); S.D. Fla. L.R. 16.4 (notices of settlement); and S.D. Fla. 7.3 (fees and costs motions)
  • Member of the Southern District of Florida’s Pro Bono Panel List. Frequently asked by the court to serve as pro bono counsel in connection with the court'scourt’s Volunteer Attorney Program. Recent cases have included representations of indigent plaintiffs pursuing claims for Social Security disability income benefits and claims alleging violation of civil rights under 2842 U.S.C. § 1983.
• The Sedona Conference
  • Working Group 1 on Electronic Document Retention and Production (2023–present)
  • Brainstorming Group on Discoverability and Admissibility of Generative AI (2025–present)
• Association of South Florida Mediators & Arbitrators
  • Member (2024–present)
• Federal Bar Association, Broward County Chapter
  • Member (2024–present)
     

• "Improper Citations, Unsupported Statements, and Weak Arguments and Hidden Dangers of Using AI, E-Filing, and Other Tech in Legal Writing," National Business Institute (July 20, 2026)
• "Debt Collection Litigation: Understanding the Action and Building the Defense," Consumers in Crisis: How Attorneys Help Navigate Economic Distress, Florida Bar Annual Convention, Orlando, FL (June 19, 2026)
• "Digital Compliance and the Application of AI in Investigations and Monitoring." Ernst & Young Compliance Network Roundtable, Miami, FL (February 26, 2026)
• "The Art of Editing, Proofreading, and Crafting Strong Conclusions," National Business Institute (February 19, 2026)
• "Ethical Missteps in Redacting Confidential Info," Institute for Paralegal Education (February 12, 2026)
• "Online Legal Research Secrets and Websites Every Attorney Should Know," National Business Institute (January 27, 2026)
• "Bad Legal Advice, Brought to You by AI," 2025 Florida TCPA Summit, DNC.com, Clearwater Beach, FL (December 9, 2025)
• "Finding the Facts: A Legal Research Tool Kit for Paralegals," Institute for Paralegal Education (October 28, 2025)
• Who's in Charge Now? Courts vs. FCC After McLaughlin Ruling," ActiveProspect (July 10, 2025)
• "Artificial Harassment? Legal Challenges With AI in Debt Collection," AI Revolution in Consumer Law: Protecting Rights, Ensuring Justice, Annual Florida Bar Convention, Boca Raton, FL (June 27, 2025)
• "Breaking: The Rules of the Game Have Changed – Everything You Knew About the TCPA May Now Be Wrong," Contact Center Compliance (June 25, 2025)
• “In TCPA, There Is No Spoon,” 2025 D.C. TCPA Summit, Contact Center Compliance, Washington, D.C. (April 28, 2025)
• "Paralegal Investigative Dos and Don'ts for 2025," Institute for Paralegal Education (April 9, 2025)
• "AI Meets Digital Communication: Securing Emails in Legal Settings," National Business Institute (February 20, 2025)
• "Freaky Friday for the TCPA: Deciphering the 1:1 Consent Rule Fallout," Contact Center Compliance (January 28, 2025)
• "TCPA Cases: How Do These Get Settled?," 2024 Florida TCPA Summit, Contact Center Compliance, Clearwater Beach, FL (December 9, 2024)
• "Will the Courts Step in Before the New One-to-One Consent Rule Comes Into Effect?," Contact Center Compliance (November 19, 2024)
• "Feebusters: 'Junk Fees' in Consumer Transactions and Methods to Protect Consumers From These Charges," 2024 Florida Bar Convention, Orlando, FL (June 21, 2024)
• "Recent Cases and Lender Liability Issues in 2023," Top FDCPA and Foreclosure Compliance Mistakes," NBI (June 19, 2024)
• "Call If You Get Lost: A Roadmap to Interstate TCPA Navigation," ActiveProspect (May 22, 2024)
• "As Goes Florida, So Goes the Nation," Contact Center Compliance (April 29, 2024)
• "The Mallory Split: A Divided SCOTUS Rejects Due Process Challenge to Pennsylvania’s Consent-By-Registration Statute (But What Does That Mean Everywhere Else?)," ABA Business Law Section Spring Meeting, Orlando, FL (April 5, 2024)
• “The Video Privacy Protection Act: Late '80s Consumer Protection Meets Modern Data Privacy,” Charles River Associates (March 27, 2024)
• "E-Discovery Issues in Data Privacy Class Actions," Epiq Mass and Class Conference, Fort Lauderdale, FL (March 6, 2024)
• "10DLC - Star Wars Character or Industry Regulation?," 2023 Florida Compliance Summit, Contact Center Compliance, Clearwater Beach, FL (December 5, 2023)
• "AI and Robocalls - The FCC Gets Into the Act? What Should We Expect?," Contact Center Compliance (November 20, 2023)
• “Fool Me Once, Shame on You: How to Avoid Falling for Scams,” 2023 Florida Bar Annual Convention, Boca Raton, FL (June 23, 2023)
• “E-Discovery – Lessons From the Field,” University of Miami School of Law, Coral Gables, FL (June 16, 2023)
• Integrity Marketing Group LLC Compliance Summit (2023)
• "Compliance Officers Forum Live," Professional Associations for Customer Engagement D.C. Summit 2023, Crystal City, VA (May 22, 2023)
• "FTSA De-Fanged? Everything You Need to Know Right Now About the Amendments to Florida’s Dreaded Mini TCPA," Carlton Fields (May 10, 2023)
• "Website Tech Fueling Privacy Litigation: How to Reduce Your Risk," Carlton Fields (April 17, 2023)
• “Best Practices and Regulatory Requirements for Leads," Integrity Compliance Summit, Washington, D.C. (February 28, 2023)
• “Recent Developments in Administrative Law for the Communications Industry,” Federal Communications Bar Association (February 8, 2023)
• "Florida Mini-TCPA Update: After Several Hundred FTSA Lawsuits, What Have the Florida Courts Been Deciding?” and “B2B Calls and the TCPA: Why Failures to Properly Document Business Accounts and New Court Decisions May Result in TCPA Liability for Calls to Businesses,” Florida TCPA Compliance Summit, Clearwater Beach, FL (December 5–6, 2022)
• "Update on Arbitration: What Companies Should Be Doing Now in Light of Recent Supreme Court Cases," Carlton Fields (September 20, 2022)
• “Robocalls in Florida: What We Companies That Call Customers – or Potential Customers – Need to Know,” ACC South Florida’s 12th Annual CLE Conference, Hollywood, FL (September 16, 2022)
• “Overview of State and Federal Restraints on Debt Collection,” 2022 Annual Florida Bar Convention, Orlando FL (June 23, 2022)
• "Changes in Personal Jurisdiction After the Ford Decision: Impact on Nonresident Corporations," Strafford Publications Inc. (June 22, 2022)
• “Outbound Communications," Integrity Compliance Summit, Dallas, TX (May 4, 2022)
• "Facebook: 1 Year Later," Contact Center Compliance​ (April 1, 2022)
• "Preventing Class Actions Through Technology and Tools" and "Everything You Ever Wanted to Know About Florida’s Mini TCPA But Were Afraid to Ask," 2021 Florida TCPA Compliance Summit, Clearwater Beach, FL (December 6–7, 2021)
• “What You Need to Know About Major Changes to Florida's Telemarketing Statutes,” Celesq AttorneysEd Center (September 7, 2021)
• “Breaking Down Florida's New Mini TCPA,” Contact Center Compliance Corp., DNC.com (July 7, 2021)
• “Personal Jurisdiction Over Nonresident Corporations After Ford Motor Co. v. Montana Eighth Judicial District Court, Strafford Publications Inc. (June 23, 2021)
• "Personal Jurisdiction in Class Actions After Bristol-Myers Squibb Co. v. Superior Court of California," Strafford Publications Inc. (July 28, 2020)
• "COVID-19 Insurance Coverage Class Actions," Carlton Fields (April 27, 2020)
• "Convergence of D&O Insurance Coverage With Bankruptcy & Insolvency," Turnaround Management Association, Atlanta, GA (August 2017)
• "What's New in Legal Technology for 2017," Dade County Bar Association 2017 Annual Bench and Bar Conference (February 2017)
• "Arbitration – Recent Developments," Dade County Bar Association 2016 Annual Bench and Bar Conference (February 2016)
• "December 1, 2015 Amendments to the Federal Rules of Civil Procedure," Dade County Bar Association (March 2016)
• "The Telephone Consumer Protection Act: Basics, Targeted Industries, and Trends," Carlton Fields (February 2015)
• "The Telephone Consumer Protection Act: Deep Dive: Details, Class Actions, Regulations, and Defense Strategies," Carlton Fields (February 2015)