Overview

Daniel Buchholz is a litigation attorney in Holland & Knight's Tampa office. Mr. Buchholz focuses his practice on complex commercial litigation matters involving contract disputes, business torts, shareholder disputes, lender disputes, intellectual property (IP) disputes, and labor and employment issues, including restrictive covenant/non-compete disputes and disputes under the Employee Retirement Income Security Act of 1974 (ERISA). In addition to his litigation practice, Mr. Buchholz has experience conducting internal investigations and advising companies on corporate compliance and regulatory matters.

Prior to joining Holland & Knight, Mr. Buchholz served as a judicial law clerk to the Honorable Virginia M. Hernandez Covington and the Honorable Thomas P. Barber of the U.S. District Court for the Middle District of Florida.

During law school, Mr. Buchholz interned for the Honorable Mark E. Walker of the U.S. District Court for the Northern District of Florida. Additionally, Mr. Buchholz was elected to serve as the editor-in-chief of the Florida State University Law Review. He also worked as a teaching assistant for business organizations, regulatory compliance, and legal writing and research.

Representative Experience

  • Prosecuting and defending breach of contract and business tort actions, including fraud, tortious interference, deceptive and unfair trade practices, and breach of fiduciary duties
  • Representing lenders and financial institutions in commercial loan litigation, foreclosures and lender liability disputes
  • Representing buyers and sellers in merger and acquisition (M&A) disputes, including representation and warranty claims, indemnification disputes and post-closing litigation
  • Representing a healthcare information technology (IT) company in prosecution of claims for breach of contract in an arbitration proceeding
  • Representing a construction development company in defense of nuisance claims in state court
  • Representing an e-commerce platform in prosecution of business tort claims in federal court
  • Representing a national irrigation company in prosecution of claims for breach of contract and business torts in state court
  • Representing a laboratory manufacturing company in prosecution of claims related to a license agreement for a clinical-stage pharmaceutical product and in defense of contract, business tort claims in state and federal courts
  • Representing military and aerospace manufacturing companies in prosecution of claims related to an asset purchase agreement and in defense of contract claims in federal court
  • Representing an owner of a coffee company in defense of derivative claims brought on behalf of the company in state court; obtaining dismissal at pleading stage
  • Representing a recreational vehicle dealership in defense of a putative class action brought under the Florida Deceptive and Unfair Trade Practices Act (FDUTPA) in state court; obtaining dismissal at pleading stage

  • Representing a national dental product company in prosecution of claims for breach of non-compete and non-solicitation agreements, trade secret misappropriation and other business torts in federal court
  • Representing a nutritional supplement company and its principal in defense of claims for unfair competition, false advertising and trade secret misappropriation in federal court
  • Representing a former employee of a medical technology company in defense of claims for trade secret misappropriation and breach of non-compete agreement in state court
  • Representing a financial services company and its principal in defense of claims related to an asset purchase agreement and non-compete agreement, and in defense of trade secret misappropriation claims in state court; obtaining summary judgment on contract enforcement
  • Representing a medical supplies manufacturer against antitrust claims, including the Sherman Antitrust Act and the Florida Antitrust Act, in federal court; obtaining dismissal at pleading stage

  • Defending the independent board member of an employee stock ownership plan (ESOP)-owned company accused of violating fiduciary duties under the Employee Retirement Income Security Act of 1974 (ERISA) in connection with the administration and the termination of the ESOP
  • Representing a national airline company in defense of a putative class action brought under the Consolidated Omnibus Budget Reconciliation Act (COBRA) in federal court; obtaining dismissal at pleading stage
  • Defending a fortune 500 energy company accused of violating fiduciary duties under ERISA

Credentials

Education
  • Florida State University College of Law, J.D., summa cum laude
  • State University of New York at Stony Brook, B.S., Business Management
Bar Admissions/Licenses
  • Florida
Court Admissions
  • U.S. District Court for the Middle District of Florida
  • U.S. District Court for the Southern District of Florida
Memberships
  • The Florida Bar
  • Federal Bar Association
  • William Reece Smith Jr. Litigation American Inn of Court
Honors & Awards
  • Order of the Coif
  • Phi Kappa Phi
  • Book Award, Employment Law, Florida State University College of Law, 2017
  • Book Award, Evidence, Florida State University College of Law, 2017
  • Book Award, Liability Among Associated Business Entities, Florida State University College of Law, 2017
  • Book Award, Corporations, Florida State University College of Law, 2016
  • Book Award, Taxation, Florida State University College of Law, 2016
  • Book Award, Criminal Law, Florida State University College of Law, 2016

Publications

Speaking Engagements