T. Todd Pittenger - Attorney at Law

301 East Pine Street
Suite 1400
Post Office Box 3068 (32802-3068)
Orlando, Florida 32801

P 407-843-8880
F 407-244-5690

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Biography

Todd is a litigation shareholder in GrayRobinson’s Orlando office. With nearly three decades of trial and appellate court experience, Todd focuses his practice on both state and federal civil litigation, real estate and contract-related litigation, class action defense, and intellectual property litigation. He represents businesses and individual clients in complex state and federal court litigation throughout Florida. With a mission focused entirely on client service, Todd consistently strives to meet client-established goals and effectively resolve business litigation.

Board Certified by The Florida Bar in Business Litigation since 2005, Todd is continually ranked by leading industry publications such as The Best Lawyers in America for Commercial Litigation and Litigation-Intellectual Property, and Florida Super Lawyers for Business Litigation. He is a Martindale-Hubbell AV rated attorney and a Fellow of the Litigation Counsel of America. Todd has been active in the Federal Bar Association and is a past president of the Orlando chapter and a past Eleventh Circuit vice president. Currently, he focuses his efforts on the local community serving as vice-chairman of the board of directors for the Coalition for the Homeless of Central Florida.

After graduating from the University of North Carolina School of Law in Chapel Hill in 1988, Todd practiced for 23 years at the Orlando law firm of Lowndes, Drosdick, Doster, Kantor & Reed, P.A. where he became a shareholder and led the firm’s complex litigation team. Todd then joined Akerman LLP’s litigation practice group as an equity partner, where he practiced for six years before proudly moving his sophisticated business litigation practice to GrayRobinson.

Todd has a successful track record handling bench and jury trials in state and federal courts, and works tirelessly to achieve the best client-oriented result. Todd’s notable work includes:

Class Action Defense:

  • Todd successfully defended a statewide company in the defense of a bet-the-company Labor Pool Act class action by winning a reverse bifurcation merits bench trial on a statutory construction declaratory judgment counterclaim, and then Todd achieved favorable outcomes at the Fourth DCA and Florida Supreme Court on appeal.
  • Todd won a week-long class certification state court trial defeating class action status against a homebuilder in which the plaintiff had sought subdivision-wide rescission and $52 million in damages under the Interstate Land Sales Full Disclosure Act.
  • In both the construction defect and medical malpractice context, Todd won dispositive dismissals of class actions by obtaining rulings that pre-suit notice requirements had to be complied with on a classwide basis. Both cases ended as class actions as a result.
  • Lead Florida counsel in defense of managing partners sued in class actions in several states attacking merger transaction by purported class of 42,000 limited partners, achieved dispositive dismissals in both cases based on lack of standing for failure to satisfy Florida special injury test and the resulting finding that lawsuit asserted only derivative claims.


Real Estate Litigation:

  • Successfully defended a significant real estate asset by winning a bench trial in 2015 in which the Court ruled the plaintiff lacked standing to sue Todd’s client for breach of contract, and then after winning a per curiam affirmance on appeal, Todd used collateral estoppel to defeat a related company’s tortious interference claim.
  • Successfully defended a developer in the defense of a permanent injunction case brought by an HOA which had sought to enjoin an adjacent multi-family project, and Todd won another bench trial against that HOA which stayed a subdivision-wide construction defect lawsuit for improperly obtaining the statutorily required authorization.


Intellectual Property Litigation:

  • Successfully represented pool cleaner inventors in a two-week liability phase jury trial which resulted in a favorable declaratory judgment that led to a subsequent settlement.
  • Defended a chemical manufacturing company in the defense of a two-week patent infringement trial, the end result of which was no damages judgment for the Plaintiff.

Additional Information About T. Todd Pittenger

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Background

Todd was born and raised in Winter Park, Florida, and remained in Florida as he grew up. He earned his undergraduate degree at Rollins College, located in his hometown of Winter Park, Florida, where he majored in Politics and studied abroad in Sydney, Australia his junior year. Todd graduated from Rollins cum laude and was awarded membership into Omicron Delta Kappa. He then went on to earn his law degree from the University of North Carolina School of Law in Chapel Hill, where he was a member of the Holderness Moot Court Bench.  After being selected for UNC’s First Invitational Appellate Team, Todd’s team won the Best Brief Award at the inter-school Sutherland Moot Court Competition in Washington, D.C. 

Todd then joined the Orlando law firm of Lowndes, Drosdick, Doster, Kantor & Reed, P.A., where he practiced for 23 years, became a shareholder, and led the firm’s complex litigation team. In early 2012, Todd joined Akerman LLP’s  litigation practice group as an equity partner. In 2017, Todd proudly moved his sophisticated business litigation practice to GrayRobinson.

Education
  • Rollins College, B.A., (cum laude, 1985)
  • University of North Carolina School of Law, J.D. (1988) 
Admissions
  • Florida
  • U.S. Court of Appeals, 11th Circuit
  • U.S. Court of Appeals, Federal Circuit
  • U.S. District Court, Northern District of Florida
  • U.S. District Court, Middle District of Florida
  • U.S. District Court, Southern District of Florida
  • U.S. Supreme Court
Professional Associations & Memberships
  • National Institute for Trial Advocacy’s Advanced Advocates Program, Washington DC, 2015
  • National Federal Bar Association, 11th Circuit
    • Vice-President, 2006-2008
  • Federal Bar Association, Orlando Chapter
    • President, 2003-2005
  • American Bar Foundation, Fellow
  • Orange County Bar Association
  • Litigation Counsel of America, Fellow
  • The George C. Young First Central Florida American Inn of Court, Member
  • Middle District of Florida
    • Federal Judicial Relations Committee, Chairman, Orlando Division 2003-2005
  • Middle District of Florida 2003-2005
    • Bench and Bar Committee, Member 2003-2005
  • American Bar Association
    • Nationwide Annual State Class Action Law Survey
      • Supervising Editor, 2002
  • • The Florida Bar
    • Board Certified in Business Litigation since 2005
    • Trial Lawyers Section
    • Business Law Section
  • Defense Research Institute, Member
  • NITA Robert F. Hanley Advanced Trial Skills Program in Boulder, Colorado, 1997, 2003, Graduate
  • Litigation Counsel of America, Fellow
Awards & Recognitions
  • The Best Lawyers in America, 2008-2018
    • Commercial Litigation
    • Litigation - Intellectual Property
    • Real Estate Law
  • Florida Super Lawyers, Business Litigation, 2006-2017
  • Florida Trend's "Legal Elite," Commercial Litigation, 2009
  • AV Preeminent™ rated by Martindale-Hubbell since 1998
Civic
  • Coalition for the Homeless of Central Florida
    • Vice-Chairman of the Board of Directors, 2017-2019
    • Executive Committee, 2016-2019
    • Board of Directors , 2013-2017
  • Legal Aid Society of the Orange County Bar Association,
    • Guardian Ad Litem Program, Volunteer
  • St. Michael’s Episcopal Church
    • New Rector Search Committee, 2014-2015
    • Vestry Member, 2016-2019
  • Leadership Orlando, Class of 1999
  • Leadership Winter Park, Class XI
Representative Experience
  • Lead counsel for a national company in the defense of fuel surcharge class action litigation in Florida and several other states, with a nationwide resolution pending.
  • Lead counsel for an automaker in the defense of a Consumer Leasing Act nationwide class action that resolved disclosure claims for more than 600,000 class members.
  • Lead counsel for a cruise line in the defense of a class action that resolved nationwide port charges claims for more than 2,000,000 class members.
  • In a reverse bifurcation class action trial, Todd was lead counsel for a statewide company in the defense of a Florida Labor Pool Act class action which concluded with a favorable outcome. He personally defended that bench trial result and achieved favorable outcomes in the Fourth DCA and Florida Supreme Court statutory construction appeals.
  • Lead Florida counsel in defense of managing partners sued in class actions in several states attacking merger transaction by purported class of 42,000 limited partners, achieved dispositive dismissals in both cases based on lack of standing for failure to satisfy Florida special injury test and the resulting finding that lawsuit asserted only derivative claims.
  • Lead counsel for a property owner in the defense of contract termination litigation concerning borrow-pit rights of several companies which involved two state court lawsuits, a bench trial, a summary judgment and several appeals.
  • Lead counsel for inventors in a two-week patent ownership and inventorship liability phase only jury trial which resulted in a favorable declaratory judgment and settlement.
  • Lead counsel for a chemical manufacturing company in the defense of a two-week patent infringement jury trial and post-trial proceedings, the end result of which was no damages judgment for the Plaintiff.
  • Lead counsel for a developer in the defense of a permanent injunction case brought by an association which sought to enjoin multi-family development, based on Declaration of Restrictive Covenants, the result of which was a summary judgment for our client.
  • Lead counsel for a homebuilder client in the favorable defense of a week-long class certification trial in a $52 million case that had sought subdivision-wide rescission and damages under the Interstate Land Sales Full Disclosure Act (ILSA).
  • Lead counsel for another national homebuilder in the defeat of a class action at the leave to amend stage by obtaining a dispositive ruling that pre-suit notice requirements had to be complied with on a classwide basis.
  • Lead counsel for control persons in the successful defense of breach of fiduciary duty and other similar internal governance litigation, defending direct and derivative claims. In one 50/50 deadlocked limited liability company dispute among members suing one another, achieved summary judgment on business judgment rule defense for managing member on multiple breach of duty tort claims while preserving for trial that managing member’s own offensive claims for misconduct. In another 50/50 deadlocked limited liability company dispute involving management and control of several related businesses, achieved early resolution of claims and counterclaims in direct and derivative lawsuits through a negotiated buy-out that effectuated the desired change of control.
Reported Cases
  • Brevard Land Material, Inc. v. Boruch-David, LLC, 2017 WL 728095 (5th DCA 2017)
  • Osceola County v. Metropolitan Systems, Inc., 156 So.3d 1103 (Fla. 5th DCA 2015)
  • Brevard Land Materials, Inc. v. Boruch-David, LLC, 135 So.3d 578 (Fla. 5th DCA 2014)
  • InDyne, Inc. v. Abacus Technology Corp., 2014 WL 1400658 (M.D. Fla. 2014), aff’d 587 Fed. App’x 552 (11th Cir. 2014)
  • InDyne, Inc. v. Abacus Technology Corp., 875 F. Supp. 2d 1278 (M.D. Fla. 2012), aff’d 513 Fed. App’x 858 (11th Cir. 2013)
  • Housing and Residence Life v. Universal Technical Institute of Phoenix, 2013 WL 4506395 (M.D. Fla. 2013)
  • Orlando Lake Forest Joint Venture vs. Lake Forest Master Community, 105 So.3d 646 (Fla. 5th DCA 2013)
  • Environmental Manufacturing Solutions, LLC vs. Peach State Labs, Inc., 2011 WL 1262659 (M.D. Fla. 2011)
  • Harry Overton v. Dennis Kebbel, 72 So.3d 782 (Fla. 5th DCA 2011)
  • Robert Lewis et. al. vs. James M. Seneff, Jr., Robert A. Bourne, CNL Realty Corporation, et. al., 654 F.Supp.2d 1349 (M.D. Fla. 2009)
  • Ann Eppinger v. Douglas Sealy, et. al., 25 So.3d 69 (Fla. 2nd DCA 2009)
  • Lake Forest Master Community Ass’n v. Orlando Lake Forest Joint Venture, 10 So.3d 1187 (Fla. 5th DCA 2009)
  • Isar Meitis v. Park Square Enterprises, Inc., 2009 WL 3367335 (M.D. Fla. 2009)
  • Larry Liner v. Workers Temporary Staffing, Inc., 990 So.2d 473 (Fla. 2008)
  • Earl A. Rambaran v. Park Square Enterprises, Inc., 2008 WL 4371356 (M.D. Fla. 2008)
  • Larry Liner v. Workers Temporary Staffing, Inc., 962 So.2d 344 (Fla. 4DCA 2007)
  • Florida Digital Network, Inc. vs. Northern Telecom, Inc., 2007 WL 604983 (M.D. Fla. 2007)
  • In re CNL Hotels & Resorts, Inc., 2005 WL 2291729 (M.D. Fla. 2005)
  • Mayfair International, Inc. vs. David Del Gardo, 864 So.2d 1239 (Fla. 5th DCA 2004)
  • Diamond R. Fertilizer co., Inc. vs. Lake Packing Partnership, 743 So.2d 547 (Fla. 5th DCA 1999)
  • Sanwa Bank, Ltd. vs. Shigeru Kato, Sunshine State Holdings, Inc., et. al, 734 So.2d 557 (Fla. 5th DCA 1999)
  • Southeast Medical Products, Inc. v. Williams, 718 So.2d 306 (Fla. 2nd DCA 1998)
  • Instrumentation Services, Inc. v. Data Management Associates, Inc., 708 So.2d 1018 (Fla. 4th DCA 1998)
  • Pavel Sebor vs. Dieter Rief, 706 So.2d 52 (Fla. 5th DCA 1998)
  • Sheik Bin Mohammed Al Nahyan Suroor v. First Investment Corporation, 700 So.2d 139 (Fla. 5th DCA 1997)
  • Sheik Bin Mohammed Al Nahyan Suroor v. First Investment Corporation, 701 So.2d 561 (Fla. 5th DCA 1997)
  • Enrique Diaz v. William J. Sheppard, 85 F.3d 1502 (11th Cir. 1996)
  • Bellsouth Advertising and Publishing Corp. vs. Unemployment Appeals Com’n, 654 So.2d 292 (Fla. 5th DCA 1995)
  • Kishor Pathare v. Grady Goolsby, 602 So.2d 1345 (Fla. 5th DCA 1992)
  • Southeast Seminole Civic Assn., Inc. v. W. A. Adkins, 604 So.2d 523 (Fla. 5th DCA 1992)
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