David Coulson

Practice Areas

David represents businesses in a wide array of matters, including bet-the-company complex commercial litigation, consumer class actions, product liability, securities litigation, and professional liability litigation. He defends clients against high-stakes claims of breach of contract, business torts, trade secrets and RICO, product liability, product warranty and consumer fraud defense. He has deep experience representing major public companies, financial institutions, and health care companies in securities litigation involving claims of securities fraud and shareholder derivative actions.

In addition to prevailing in major cases through dispositive motions, he has tried numerous jury trials to verdict and possesses wide-ranging arbitration experience.

Career

David is a “hard-riding litigator” known by clients for his “analytical ability and knowledge of class action litigation.” His ability to vehemently advocate for his clients in court is well-recognized. He has more than 30 years of experience litigating complex commercial, securities, product liability and mass torts, and trade secret matters.

Professional Memberships

Board Member, GableStage Theater at the Biltmore, Board of Directors

Vice Chair, Jackson Memorial Hospital Foundation, Board of Directors

Personal

Chambers USA, Litigation, General Commercial – Florida, 2012–2022

The Best Lawyers in America, Commercial Litigation, 2010–2022

Benchmark Litigation

“Local Litigation Star,” 2020–2023

“National Litigation Star,” 2019

Super Lawyers magazine, Florida Super Lawyers, 2006–2021

The Legal 500 U.S.

Product Liability, Mass Tort, and Class Action: Consumer Products, 2016 and 2020–2021

Dispute Resolution – Securities Litigation – Defense, 2017–2019

Litigation – Securities – Shareholder Litigation, 2007, 2013–2016

Client testimonial: “David Coulson... is praised [by clients] for doing an exceptional job,” 2007 guide

South Florida Legal Guide, “Top Lawyer,” 2011–2016, 2020–2021

Daily Business Review, “Most Effective Lawyer Award”

International Litigation, 2019

Class Action Litigation, 2016

Business/Securities Litigation, 2007, 2013, 2014 (finalist)

Recognized, National Law Journal, “Top Defense Wins of 1999”

Rated AV Preeminent® 5.0 out of 5.0

AV, AV Preeminent, Martindale-Hubbell Distinguished and Martindale-Hubbell Notable are certification marks used under license in accordance with the Martindale-Hubbell certification procedures, standards, and policies.

Experience

Some of the experience represented here may have been handled at a previous firm.

Class Action

Defended a financial institution in the Southern District of Florida against a putative nationwide class action alleging RICO and other statutory violations, obtaining dismissal with prejudice after two rounds of motion to dismiss briefing.

Acted as one of the lead trial lawyers in a bet-the-company, three-week jury trial defending a Florida sugar cane harvester in a class action brought by sugar cane cutters who alleged they had been paid wages substantially less than what their employment contracts required. Resulting defense verdict was affirmed on appeal.

Obtained a dismissal with prejudice of a nationwide consumer class action lawsuit in Jacksonville against a camera manufacturer.

Defending a food manufacturer in over a dozen consumer class action lawsuits in venues around the country and thus far attained a summary judgment win, a motion to dismiss win, a defeat of a motion to certify class, and a favorable Daubert ruling excluding two damages experts.

Defended two different hotel chains in separate class action lawsuits in Miami federal court, obtaining dismissal of nearly all claims which paved the way for individual settlements.

Defended a healthcare company in a consumer breach of privacy class action in the Southern District of Florida and prevailed because plaintiffs dismissed claims in the face of the motion to dismiss. The court went on to dismiss the case with prejudice.

Served as Florida defense counsel on behalf of a major corporation against a series of class actions alleging consumer fraud, including violation of FDUTPA. The cases settled.

Represented directors of a large privately held company in a class action case brought by participants in an employee stock ownership plan (ESOP) alleging ERISA claims and breach of fiduciary duty. Court dismissed 12 of 13 claims and the case then settled during mediation.

Securities Litigation

Defended a public company and its private equity investor in a high-exposure securities fraud case in Orlando brought by a European investor stemming from a private placement and involving alleged misrepresentations related to restatements of past financial statements. Appeal in the case set an important precedent clarifying that reliance must be proven under the Florida Securities Investor Protection Act. Upon remand, the case settled shortly before trial.

Represented a large privately held company and its directors and officers against a putative class action lawsuit in the Southern District of Florida. Participants in the company’s ESOP alleged violations of ERISA and federal securities laws. Defeated class certification. Won summary judgment against the largest ($40 million+) of the individual actions in Miami and defeated a $200 million ERISA derivative claim on summary judgment in Atlanta. As to individual plaintiffs, won 10-day jury trial against $2 million claim and lost six-day jury trial on $1.5 million claim.

Defended a public company as lead trial counsel in a class action securities fraud case brought by shareholders in federal district court in Miami. The case settled. Also involved in a wide-ranging investigation of related shareholder derivative claims.

Defended a major securities brokerage firm against a class action brought by investors in a hedge fund. The case settled shortly before trial.

Represented a public company and several officers in a shareholder class action claim alleging securities fraud in the Southern District of Florida. The case ended on a motion to dismiss. Also represented certain officers in related derivative action.

Represented a major bank in a securities fraud suit in Chicago federal court that settled before trial and have either litigated or taken part in investigations of several other securities fraud claims and shareholder derivative actions.

Defended, as lead trial lawyer, a large health care company in a $10 million lawsuit in Florida state court related to an asset purchase; defeated fraud claims brought by the seller by prevailing on a motion to dismiss in convincing the trial court that there was no duty to disclose to the selling company that the buyer was in negotiations to be sold to another company at a higher multiple.

Defended a Broward County-based appliance manufacturer against a shareholder securities fraud class action as lead trial counsel. The case settled after half of the claims were dismissed by the federal district court.

Product Liability

Acted as co-lead trial counsel for a specialty tractor (mule) manufacturer in a catastrophic injury products liability action brought in Miami state court by a longshoreman who suffered blindness, brain damage, and other injuries. Plaintiffs alleged design defects. The case settled four days into the jury trial.

First-chaired an arbitration hearing and prevailed against a defective airbag system claim for a line of vehicles.

Second-chaired a jury trial in St. Clair County, Illinois state court on behalf of a truck manufacturer. The plaintiff claimed that the air brake system on a medium duty truck failed to perform and caused a high-speed accident between his truck and another one, resulting in the death of one driver and serious injuries for the other. The case settled in favor of client during trial.

Defended a medical device manufacturer in product liability litigation in state and federal courts.

Defended a tire manufacturer in a wrongful death action in state court in Florida.

Defended, as co-lead trial counsel, a pharmaceutical company against a high-exposure claim that a defective IUD caused severe injury to a young mother. The case settled before trial.

Professional Liability

Won a seven-day arbitration trial hearing defending a large accounting firm in a $100 million auditing malpractice case brought by bankruptcy trustee. Also represented the firm in a related proceeding in federal district court in Miami, obtaining a dismissal of all creditor claims.

Won summary judgment, affirmed on appeal, as lead trial counsel defending a large executive search firm sued by a former client, a major hospital, in Miami federal court. In what one article called a “bellwether case” for the search firm industry, the plaintiff attempted to hold the search firm responsible for financial losses exceeding $60 million allegedly caused by a CEO who had been presented by the search firm and hired because of alleged misrepresentations about his background.

Assisted in the defense of an accounting firm in a six-week jury trial before a Chicago state court. The plaintiffs sued their former auditor for approximately $35 million in alleged losses. The jury rejected nearly all of the plaintiffs’ claims and found the accounting firm liable for only about $700,000 in damages. Also participated in the defense of the accounting firm in auditing a negligence claim in Florida state court and have represented accounting firms in other alleged negligence cases and partnership disputes.

Industry Sector Expertise

Litigation

Complex Commercial Litigation

Class Actions

Securities Litigation

Product Liability & Mass Torts

Professional Liability

Expert in these Jurisdictions

Florida and Illinois

Languages Spoken

English

Education