Overview
Jason H. Baruch is an attorney in the Tampa office of Holland & Knight. Mr. Baruch focuses his practice on complex commercial and contract litigation, including contract disputes, unfair competition disputes, restrictive covenant/noncompete and trade secret disputes, partnership and corporate disputes, maritime litigation, merger and acquisition (M&A) litigation, data privacy and cyber litigation, business tort disputes, antitrust litigation, insurance coverage disputes, international commercial disputes and creditors' rights.
Mr. Baruch represents large institutional clients in a wide range of complex litigation at the federal and state level, as well as commercial arbitrations. In addition, he provides counsel to lawyers, law firms and legal departments regarding lawyer ethics, risk management and malpractice defense.
In the appellate area, Mr. Baruch has handled complex appeals at the state and federal level, including the U.S. Courts of Appeals for the Second, Third, Fourth, Seventh and Eleventh Circuits. His appellate matters include a number of published opinions in the area of complex business litigation.
Mr. Baruch is a Florida Bar Board Certified Business Litigation attorney. He also serves as an instructor for Holland & Knight's John Hogan Trial Academy, where he teaches associates various trial skills and techniques.
Representative Experience
- Obtained dismissal with prejudice in eight-figure data breach case against healthcare entity
- Obtained $5.1 million summary judgment for plaintiff on consulting agreement
- Obtained defense summary judgment for majority shareholders, officers and directors on multiple claims of breaches of fiduciary duty
- Obtained defense summary judgment on multimillion-dollar claims based on partnership agreement
- Obtained dismissal of lawsuit claiming violations of various antitrust laws, including the Sherman Antitrust Act and the Florida Antitrust Act, on behalf of a medical supplies manufacturer
- Obtained dismissal with prejudice of $30 million Racketeer Influenced and Corrupt Organizations (RICO) Act claims against officer and shareholder of corporation
- Obtained defense summary judgment in mergers and acquisitions litigation for business brokerage on claims of deceptive practices and fraud
- Obtained seven-figure final summary judgment in mergers and acquisitions litigation for business brokerage against seller pharmaceutical company that failed to pay commission pursuant to commercial contract, resulting in seven-figure monetary judgment and seven-figure prevailing party fee award
- Obtained summary judgment in mergers and acquisitions litigation in favor of business brokerage against seller medical device company that failed to pay commission pursuant to commercial contract
- Obtained summary judgment on contract enforcement in defense of claims for breach of asset purchase and corporate merger agreement
- Obtained final federal summary judgment in favor of maritime injury defendants in limitation of liability action
- Obtained defense summary judgment for marine manufacturer against claimant alleging breach of contract
- Obtained defense final summary judgment for medical practice on claims of unfair and deceptive trade practices
- Obtained plaintiff's summary judgment on shareholder and fraudulent transfer claims against retail facility and managing director
- Obtained defense summary judgment for medical facility on claims for breach of contract, unfair trade practices and declaratory judgment
- Obtained defense final summary judgment in federal court against Internal Revenue Service (IRS) on behalf of company claiming superior creditor's lien on real property
- Obtained defense dismissal for medical practice on claims of Health Insurance Portability and Accountability Act (HIPAA) breaches and breach of fiduciary duty and confidentiality resulting from data breach
- Obtained dismissal with prejudice of multimillion-dollar quasi-contract claims against military equipment manufacturer
- Obtained defense dismissal of complaint for lack of jurisdiction in bankruptcy trustee lawsuit alleging fraudulent transfers, preferences and breach of contract
- Obtained defense summary judgment for limited partner on multimillion-dollar contractual interest claim in low-income housing tax credit (LIHTC) litigation; affirmed with opinion on appeal
- Obtained dismissal with prejudice of emotional distress tort claims asserted by disgruntled shareholder
- Obtained dismissal in several federal cyber litigation lawsuits claiming violation of the Florida Security of Communications Act, the state's "wiretap" statute
- Defended surgical telescope dealer and sales broker in noncompete injunction proceeding, resulting in denial of injunction
- Obtained summary judgment establishing indemnity judgment in favor of large commercial cleaning company, against seller of company who failed to fulfill tax obligations
- Obtained multiple summary judgments for financial advisor against asset buyer claiming breach of contract, breach of nondisclosure and nonsolicitation agreement, violation of trade secrets act and tortious interference
- Obtained complete defense verdict at trial in multimillion-dollar complex partnership contract dispute over capital contributions in low-income housing tax credit (LIHTC) litigation
- Obtained plaintiff's verdict in trial of eight-figure dispute regarding termination of employment of CEO, damages for misappropriation by corporate officer, and non-disclosure and misrepresentation by CEO; included damages award against CEO for misappropriation
- Obtained defense verdict at trial of legal expenses for medical practice in a multimillion-dollar shareholder and noncompete litigation
- Obtained $2.3 million trial award in fraudulent transfer case involving offshore trust
- Defended medical practice in a multimillion-dollar contract and lease dispute, resulting in a successful verdict at arbitration
- Obtained arbitration award for private equity group on claims of conversion of property
- Obtained $3.5 million recovery in shareholder and promissory note dispute
- Obtained federal injunction in favor of medical center plaintiff for claims of trade secret misappropriation and violation of noncompete and confidentiality restrictive covenants
- Obtained arbitration award in defense of all claims for television network companies sued for breach of contract, quasi-contract, promissory estoppel, negligent misrepresentation and veil-piercing claims
- Obtained arbitration award of all damages claimed in favor of hospitality client for conversion of restaurant equipment
- Obtained complete defense ruling in trade secret and unfair competition injunction claim by plaintiff in cognitive supplement industry
- Obtained judgment for marine manufacturer plaintiff for the assignment of patent rights and a permanent injunction against a company that sought to misappropriate intellectual property rights relating to complex industrial machinery
- Obtained judgment in trademark case enjoining use of unfairly similar real estate brokerage signage
- Obtained judgment against bankruptcy debtor for nondischarge of commercial debts
- Obtained defense ruling for private equity firm against an injunction claim by a disgruntled former manager
- Represented securities broker at trial regarding Financial Industry Regulatory Authority (FINRA) and securities issues, resulting in no liability for the broker
- Obtained defense verdict for corporation in commissions lawsuit by former employee
- Obtained injunction for marine manufacturer against competitor to prohibit acts of unfair competition and deceptive trade practices
- Obtained nondischarge judgment after trial against bankruptcy debtor for misrepresentations on commercial loan application
- Obtained dismissal for creditor after trial of bankruptcy debtor case
- Defended marine employer in maritime Jones Act and Longshore case, resulting in favorable settlement before jury trial
- Represented plaintiff corporation in large fraudulent transfer case, resulting in multimillion-dollar settlement in favor of client
- Obtained nondischarge judgment after trial in a Chapter 7 commercial bankruptcy case
- Obtained plaintiff's verdict in action to recover on a contract and lien
- Defended medical device company in a patent action in federal court injunction proceeding and damages claims, resulting in denial of injunction and favorable settlement
- Obtained restraining order against director of corporation to prevent imminent harm in internal governance dispute
- Obtained $20 million recovery for private equity client recovering all damages, including legal fees and contractual interest, sought in real estate and commercial loan dispute
- Obtained arbitration award establishing indemnification liability for metal recycling company against owner of premises for insurance deductible expenses related to casualty on premises
- Obtained defense verdict and positive judgment on counterclaim for real estate investment company against minority shareholder claiming breach of contract, fraud and conversion/civil theft
- Obtained arbitration defense ruling for shopping network television station sued for breach of contract, quasi-contract and misrepresentation
- Obtained injunction in favor of medical wellness center against former officer and employee for misappropriation of trade secrets and breach of nondisclosure agreements
- Obtained $7 million verdict in federal trial for Brazilian fertilizer company against supplier for breach of contract, resulting in detailed federal opinion applying United Nations Convention on Contracts for the International Sale of Goods (CISG)
- Obtained $685,000 arbitration award for unjust enrichment, plus injunction, in an admiralty case for large marina against luxury apartment complex for trespass and maritime nuisance, resulting from unauthorized drainage onto marina property
- Obtained plaintiff's judgment after jury trial for software company in breach of contract case
- Obtained defense verdict in jury trial on claims for damages and cancellation of contract
- Obtained jury verdict on plaintiff's claims for misrepresentation
- Obtained jury award against private club member for violation of corporate bylaws
- Representations of marinas, boatyards and shipyards for nonjudicial sales (pursuant to Florida Statute Section 328.17), dock-slip evictions and mechanics' liens relating to vessel owners owing debt for unpaid labor and materials
- Representations of boat and yacht owners on warranty claims against vessel manufacturers and dealers
- Represented injured vessel passengers in admiralty action against insurance carrier, resulting in a large settlement to maritime clients
- Hired frequently as an expert witness in attorneys' fee disputes in various kinds of commercial matters
Credentials
- University of Florida Levin College of Law, J.D., magna cum laude
- University of Florida, B.S.
- University of Florida, B.A.
- Florida
- U.S. District Court for the Middle District of Florida
- U.S. District Court for the Northern District of Florida
- U.S. District Court for the Southern District of Florida
- U.S. Court of Appeals for the Second Circuit
- U.S. Court of Appeals for the Third Circuit
- U.S. Court of Appeals for the Fourth Circuit
- U.S. Court of Appeals for the Seventh Circuit
- U.S. Court of Appeals for the Eleventh Circuit
- U.S. Coast Guard 50-Ton Vessel Master Captain's License
- Certified Marine Diesel Engine Mechanic, The American Boat & Yacht Council
- Certified Marine Gasoline Engine Mechanic, The American Boat & Yacht Council
- Florida Bar Board Certified in Business Litigation
- Davis Island Yacht Club, Commodore, 2021-2022
- Davis Island Youth Sailing Foundation, Officer and Board Member, 2023-2025
- The Florida Bar, 13B Grievance Committee Chair
- The Best Lawyers in America guide, Litigation – Banking and Finance, 2022-2026
- The Best Lawyers in America guide, Tampa Litigation – Banking and Finance Lawyer of the Year, 2025
- Top Lawyers, Admiralty & Maritime Law, Tampa Magazines, 2020, 2022, 2025
- Stand-Out Lawyer, Thomson Reuters, 2024, 2025
- Florida Super Lawyers magazine, 2020-2025
- Martindale-Hubbell AV Preeminent Peer Review Rated
- Florida Legal Elite, Florida Trend magazine, 2018-2022
- Florida Trend Legal Elite Up & Comer, 2012-2015, 2017
- Rising Star, Florida Super Lawyers magazine, 2009
- University of Florida Law Review, 2002-2004
- Phi Beta Kappa