Overview

David Spector is the co-chair of Holland & Knight's Insurance Fraud and Recovery Team. Mr. Spector is an accomplished first-chair trial lawyer who focuses his practice on the investigation and litigation of fraudulent schemes and unfair and deceptive practices. His clients include property and casualty and health insurers, financial institutions, self-insured retailers and other market leaders operating in the United States.

Mr. Spector's national work in plaintiff-side fraud investigation and litigation has led to the development of case law that helps corporations recover financial losses caused by fraudulent acts. In such fraud-related matters, he has served as lead trial counsel which has resulted in favorable jury verdicts, summary judgments and other positive resolutions relating to all aspects of attempts to defraud his insurer clients, including the performance of unnecessary medical procedures, unlawful and sham ownership structures of healthcare providers, the legality of medical legal referral services, statutory obligations of medical directors and the submission of fraudulent claims to insurers. He regularly collaborates with clients to develop investigatory methods to identify patterns of fraudulent behavior.

In addition, Mr. Spector has significant experience in complex commercial litigation including noninsurance-focused fraud litigation, high-stakes business disputes, Racketeer Influenced and Corrupt Organizations Act (RICO) cases, and defending lawyers and law firms from claims of legal malpractice and breach of fiduciary duties.

Prior to joining Holland & Knight, Mr. Spector was founder and co-chair of a fraud and recovery practice for an AmLaw 100 firm and served as that firm's chairman and CEO.

Experience

  • Represented the nation's largest property and casualty insurance company in the first attempt by the insurance sector to sue a medical legal referral service in connection with the submission of alleged fraudulent claims in violation of Florida's self-referral laws
  • Represented a national insurance company in an affirmative federal fraud case; obtained summary judgment in favor of the plaintiff and established law that provides a clinic license obtained by fraud is void ab initio
  • Represented the nation's largest property and casualty insurance company and obtained a ruling of first impression that held that it is fraudulent to present bodily injury claims to insurer where the medical bills have been sold without disclosing the details of the transaction to the carrier
  • Represented a national insurance company in establishing that liability is joint and several among all defendants that participate in a scheme to defraud an insurer
  • Represented a property and casualty insurer in action to recover insurance benefits paid to healthcare providers and clinic for services that were allegedly unlawful as the clinic was not properly licensed and that the ownership structure was a sham to avoid licensure requirements
  • Represented clients in prosecuting Racketeer Influenced and Corrupt Organizations Act (RICO), fraud and deceptive trade practice claims, including action on behalf of insurance carriers seeking in excess of $35 million in damages against physicians, surgery centers and medical practice managers for certain spinal procedures performed on personal injury claimants
  • Represented the nation's largest property and casualty insurance company at trial and before the U.S. Court of Appeal for the Eleventh Circuit, and established the factors used to determine the true owner of a healthcare provider to ensure proper licensing

  • Represented a client in multicase litigation alleging claims of fraudulent transfers with investments made in residential development entity and fraud claims brought against opposing 50 percent member in LLC
  • Represented a publicly traded international office supply retailer in defense of claims of consumer fraud and unfair and deceptive trade practices relating to pricing mechanisms
  • Represented international vitamin company in litigation related to damages incurred in connection with corporate structure under Delaware law
  • Represented a biotech company through a jury trial in defense of breach of contract, trade secret, conversion and patent infringement claims resulting from joint venture to promote new pharmaceutical products in which plaintiffs sought $82 million in economic damages – which resulted in the striking of the plaintiff's damage expert
  • Represented a 50 percent managing member in claims alleging breach of fiduciary duty, defamation and breach of Florida's LLC Act arising from restructuring of international aviation company
  • Represented a client in defense of action brought by minority interest holder in challenge for corporate control of entity and intellectual property rights to U.S. Food and Drug Administration (FDA)-cleared medical device
  • Represented a client in defense of federal court litigation against the board of directors of a New York-based international law firm facing claims of breach of fiduciary duty asserted by former equity partners (New York and Florida law)
  • Represented a publicly traded software company in litigation alleging breach of contract, fraud and request for receiver brought by former joint venture partner
  • Represented an international design/build engineering firm in professional negligence claims with design of Sawgrass Expressway Re-Design project
  • Represented a design/build engineering firm in claims for professional negligence in the construction design of Martin County bridge project
  • Represented a large statewide insurance agency in multiple actions to enforce non-compete agreements and protect the client's trade secrets

  • Represented an international law firm in a bench trial in defense of legal malpractice, breach of fiduciary duty and fraud claims arising out of an oil and gas venture representation in which damages were claimed to be $1.15 billion
  • Represented an intellectual property attorney in a jury trial in defense of legal malpractice claims arising out of multiple patent application and prosecution proceedings in which damages were claimed to exceed $80 million (Maryland, Utah, Virginia and federal patent law)
  • Represented an international law firm in claims of breach of fiduciary duty and legal malpractice arising from trust and estate representation resulting in a denial of claim for punitive damages (New York and Florida law)
  • Represented an Ohio-based national law firm in defense of alleged malpractice in which plaintiff claimed damages of approximately $40 million
  • Represented an admiralty and maritime law firm in defense of alleged malpractice in multiple engagements for owner of 120-foot luxury yacht in connection with litigation relating to liability of the vessel owner

Credentials

Education
  • University of Miami School of Law, J.D.
  • Syracuse University, B.S.
Bar Admissions/Licenses
  • Florida
Court Admissions
  • U.S. Supreme Court
  • U.S. Court of Appeals for the Eleventh Circuit
  • 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
Memberships
  • Association of Certified Fraud Examiners
  • Lex Mundi, Managing Partners Committee, Vice Chair North America, 2018
  • American Bar Association, Standing Committee of Lawyers' Professional Responsibility, Former Member
  • Opportunity Inc., Former Board Member
  • Center for Family Services, Former Board Member
Honors & Awards
  • Florida 500 – Most Influential Business Leaders in Florida, Florida Trend magazine, 2018
  • Florida Legal Elite, Florida Trend magazine, Fraud & Recovery, 2017
  • Chambers USA – America's Leading Business Lawyers guide, Litigation: General Commercial, 2013-2016
  • Chambers USA – America's Leading Business Lawyers guide, Labor & Employment, 2011-2015
  • The Best Lawyers in America guide, West Palm Beach Insurance Law Lawyer of the Year, 2020
  • The Best Lawyers in America guide, Insurance Law, 2020

  • The Best Lawyers in America guide, Commercial Litigation, 2013-2017, 2020
  • The Best Lawyers in America guide, Litigation – Labor & Employment, 2014-2016
  • Florida Super Lawyers magazine, General Litigation, 2006-2019; Employment Litigation – Defense, 2006-2019

Speaking Engagements

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