T. Todd Pittenger - Attorney at Law

T. Todd Pittenger Attorney At Law

T. Todd Pittenger - Attorney at Law


T 407-843-8880
F 407-244-5690
Orlando 301 East Pine Street Suite 1400 Orlando, Florida 32801

Todd is a litigation shareholder in GrayRobinson’s Orlando office. With more than three decades of trial and appellate court experience, Todd focuses his practice on both state and federal civil litigation, real estate and contract litigation, securities and corporate governance disputes, class action defense, and intellectual property litigation throughout Florida. With a mission focused entirely on client service,. Todd has a successful track record handling bench and jury trials in state and federal courts.

Board Certified by The Florida Bar in Business Litigation in 2005, and recertified by the Florida Bar every five years since, 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 is a past Orlando Chapter Federal Bar Association president and his civic involvement includes recent tenure as chair of the board of directors for the Coalition for the Homeless of Central Florida, where he continues to serve in other leadership roles.

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 in 1995 and later 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’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. In one of them, a significant fee shifting judgment was imposed on Class Counsel once the dismissal was affirmed on appeal.
  • Todd led the defense of managing partners sued in class actions attacking a merger transaction, achieved dispositive dismissals of the claims of 42,000 limited partners  based on lack of standing grounds.
  • Todd led the defense of a national company in federal and state court fuel surcharge class action litigation in Florida, California and several other states, and secured nationwide settlement for Defendants that cost-effectively eliminated several hundred thousand class member claims.
  • Todd led the defense of an  automaker in a Consumer Leasing Act nationwide class action that resolved disclosure claims for more than 600,000 class members.
  • Todd led the defense of a cruise line in the defense of a class action that resolved nationwide port charges claims for more than 2,000,000 class members.
  • Todd defended several public universities in the defense of federal and state class action lawsuits concerning student tuition and fee controversies.
  • Todd has defended many  businesses and non-profits in the resolution of Telephone Consumer Protection Act (TCPA) and Florida Deceptive and Unfair Trade Practice Act class actions.

Real Estate Litigation:

  • Todd successfully defended a significant real estate asset against several lawsuit claimants 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 by summary judgment that was also affirmed on appeal.
  • Todd successfully defended a developer in a permanent injunction case brought by an HOA which had sought to enjoin an adjacent multi-family project based on Declaration of Restrictive Covenants, a  result that  was affirmed on appeal.
  • Todd won another bench trial for a developer against an HOA resulted in a stay a $14 million subdivision-wide construction defect lawsuit for improperly obtaining the statutorily required authorization from a majority of the lot owners and required the HOA to pay the developer’s attorney’s fees, the end result of which was a complete construction case resolution.

Intellectual Property Litigation:

  • Todd s represented pool cleaner inventors in a two-week liability phase jury trial which resulted in a favorable declaratory judgment adjudicating patent rights that led to a favorable  settlement.
  • Todd defended a chemical manufacturing company in a two-week federal patent infringement trial, the end result of which was a nominal damages judgment for the Plaintiff.
  • Todd s prosecuted a significant federal trade secret and injunctive relief case against a former employee and a competitor in the municipal securities business, the end result of which was a consent injunction and confidential settlement.

Corporation, Partnership and LLC Disputes and the Defense of Securities Cases:

  • Todd has served as 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, Todd 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, Todd achieved early resolution of claims and counterclaims in direct and derivative lawsuits through a negotiated buy-out that effectuated the desired change of control.
  • In a suit by a group of physician Limited Partners against the General Partner of Lithotripsy Limited Partnership, Todd first won a federal court dismissal of all Anti-Kickback Act claims, and then Todd later won a state court dismissal of all remaining non-contract claims (breach of fiduciary duty, fraud, unjust enrichment, etc.) resulting in an early settlement that enforced the share buy-back provisions of the contract. 

  • Education
    • Rollins College, B.A., (cum laude, 1985)
    • University of North Carolina School of Law, J.D. (1988)
      • Holderness Moot Court Bench and First Invitational Team
      • Winner, Best Brief Award, Sutherland Moot Court Competition in Washington, D.C. 
  • 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
    • The Florida Bar
      • Board Certified in Business Litigation since 2005
      • Trial Lawyers Section
      • Business Law Section 
    • National Federal Bar Association, 11th Circuit Vice-President, 2006-2008
    • Federal Bar Association, Orlando Chapter
      • President, 2003-2005
    • Orange County Bar Association, Member and Pro Bono GAL Program
    • Litigation Counsel of America, Fellow
    • The George C. Young First Central Florida American Inn of Court, Master Level
    • Middle District of Florida
      • Federal Judicial Relations Committee, Chair, 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
    • Defense Research Institute, Member
    • National Institute for Trial Advocacy’s Advanced Advocates Program, Washington DC, 2015
    • NITA Robert F. Hanley Advanced Trial Skills Program in Boulder, Colorado, 1997, 2003, Graduate
    • American Bar Foundation, Fellow
  • Awards & Recognitions
    • AV Preeminent® rated by Martindale-Hubbell, 1998-present
    • Best Lawyers in America, 2008-2021
      • Commercial Litigation
      • Litigation - Intellectual Property
      • Real Estate Law
    • Florida Super Lawyers, Business Litigation, 2006-2020
    • Florida Trend, Legal Elite, Commercial Litigation, 2009
    • Orlando Magazine, Best Lawyers, 2013-2021
      • Commercial Litigation
  • Civic
    • Coalition for the Homeless of Central Florida
      • Chair of the Board of Directors, 2018-2019
      • Executive Committee, 2016-2020
      • Board of Directors , 2013-2022
      • Member, New CEO Search Committee, 2019-20
      • Chair, Real Estate Committee, 2019-20
    • 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 (Senior Warden 2018-2019)
    • Episcopal Diocese of Central Florida (Volunteer Board Attorney, 2020-21)
    • Leadership Orlando, Class of 1999
    • Leadership Winter Park, Class XI
  • Representative Appellate Cases
    • D&D Tractor and Truck Service, Inc. v. Boruch-David, LLC, 2019 WL 1092476 (5th DCA 2019)
    • 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)
    • Orlando Lake Forest Joint Venture vs. Lake Forest Master Community, 105 So.3d 646 (Fla. 5th DCA 2013)
    • 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)
    • Larry Liner v. Workers Temporary Staffing, Inc., 990 So.2d 473 (Fla. 2008)
    • Larry Liner v. Workers Temporary Staffing, Inc., 962 So.2d 344 (Fla. 4DCA 2007)
    • 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)
    • 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)