Matthew Zimmerman
Partner
Overview
Matthew Zimmerman is a trial attorney concentrating in the areas of commercial, healthcare and intellectual property (IP) disputes. Mr. Zimmerman has particular experience in high-stakes matters involving injunctions, the protection of trade secrets and "business divorces" (i.e., business breakups). As a former in-house, litigation counsel for a national healthcare company, Mr. Zimmerman has a unique perspective that focuses on practical and efficient legal and business solutions to complex disputes.
Mr. Zimmerman has significant experience representing clients in the healthcare and life sciences, financial services and technology industries in litigation, risk management and investigations. He also counsels healthcare companies, physicians and physician groups on contracting, compliance, marketing, intellectual property, regulatory, privacy and consumer protection issues.
In addition, Mr. Zimmerman has extensive experience in litigation involving trade secrets, non-compete, non-solicitation and non-disclosure provisions, employee piracy and anticompetitive practices. He has helped companies protect their valuable business information from competitors. He also advises companies and high-level executives on how best to preserve their IP and their rights. He has obtained temporary restraining orders, injunctions and damages for the misappropriation of intellectual property.
Mr. Zimmerman's commercial litigation experience also includes representing clients in the hospitality, financial services, real estate and construction industries in claims involving breach of contract, fraud, negligence, bad faith, false and misleading advertising, defamation, deceptive and unfair trade practices, misappropriation, civil conspiracy, civil theft, qui tam, Racketeer Influenced and Corrupt Organizations Act (RICO), whistleblowers, breach of fiduciary duty, interference with business relationships, injunctive relief, wrongful death, product liability and arbitration issues.
Mr. Zimmerman has experience as an associate general counsel for a national healthcare company operating in 44 states and Washington, D.C., and servicing more than 850 physicians and approximately 300,000 patients. He was responsible for dispute resolution and litigation, risk management, government relations and new acquisitions. He rolled out a national arbitration program, counseled on marketing, public relations, the Health Insurance Portability and Accountability Act (HIPAA) and privacy issues, and implemented eDiscovery strategies.
Mr. Zimmerman also serves as a board member for the Primary Care Innovation Alliance Inc. and advocates for primary care physicians, increased innovation and additional focus on wellness and cost savings for the healthcare system. In the community, Mr. Zimmerman serves on the local Best Buddies board and advocates for pro bono clients through the Legal Aid Society of Palm Beach County.
Representative Experience
- Obtained a preliminary injunction in federal court for an innovative healthcare company to protect its confidential business information from a competitor who hired away key employees
- Successfully defended claims of misleading advertising, misrepresentation and vicarious liability against a healthcare service provider
- Obtained a temporary injunction protecting thousands of electronic medical records for a healthcare company from a vendor, which threatened to withhold the records unless the client paid a termination fee that the contract did not require
- Represented a physician in the breakup of successful medical practice, which involved disputes over assets, patients, trademarks and business information
- Represented a physician in a dispute with an insurer regarding the termination of the physician from the network, securing the reinstatement of the physician
- Represented a healthcare company in claims of "joint employment" seeking to hold the service provider liable for the alleged actions of its physician customers
- Represented medical practices in claims arising from process and handling fees paid by a vendor and potential violations of federal and state anti-kickback and false claims laws
- Represented a medical device company in a dispute over hiring an engineering manager subject to restrictive covenants
- Obtained an ex parte injunction for a healthcare information technology and electronic medical record company to protect against the hacking and disruption by a former employee who had been laid off
- Avoided an entry of injunction against a medical supplement company involved in a distribution and licensing dispute and trademark claim by developers of a skin care product line
- Obtained an ex parte and temporary injunction for a national building materials distribution company to protect trade secrets and avoid unfair competition and employee piracy by a competitor in a case where the employees at issue had no non-compete or non-solicitation agreements
- Obtained a temporary injunction enforcing non-compete and non-solicitation provisions and protecting trade secrets after a five-day injunction hearing for a national insurance broker that acquired a local brokerage
- Obtained a preliminary injunction to protect trade secrets of an innovative healthcare company from a competitor
- Obtained an ex parte and temporary injunction for a national bank to enjoin competitors and former employees from stealing private wealth business
- Obtained a temporary injunction and sanctions for violations of the injunction for a national insurance broker seeking to enforce non-compete and non-solicitation provisions against insurance agents, who were employed by company that had been acquired
- Obtained an injunction for a national tire company whose prototype tire was stolen and illegally sold, securing return of tire from ultimate purchaser
- Protected discovery of trade secret information from a competitor in response to federal subpoena
- Represented a seller of distributor of public safety and law enforcement products in dispute with a buyer, who claimed breach and misappropriation
- Counseled a national franchisor in effective protection of trade secrets with its franchisees
- Represented a hospitality company in a dispute between an owner and operator over the issues with procurement, shared services and operations of the hotel
- Represented an investor in a dispute over investment in a large real estate development project and obtained extensive sanctions order for e-discovery failures that awarded hundreds of thousands of dollars in attorneys' fees, production of thousands of emails and an adverse inference at trial
- Represented a national franchise company in dispute with a franchisee over marketing
- Represented a national organization in a trademark dispute with an international religious group, prevailing on claims in a federal trial
- Represented an insurance company in a dispute with a broker-dealer, prevailing on business defamation claims after three-week federal jury trial
- Represented a shoe company in a dispute over the distribution and licensing of patents and claims of fraudulent accounting for royalties
- Represented a bank in a dispute with a customer over financial advisory services
- Represented partners in a real estate investment group in a dispute over handling of multiple shared investments and related companies
- Represented a hotel group in a dispute with a provider of membership and leisure services arising from the termination of exclusive agreement
- Represented a country club in a trademark dispute with a hotel and successfully required hotel to change the infringing name
- Represented a fund that owned commercial property in a noise nuisance dispute with nearby nightclub
- Represented a partner in the breakup of closely held law firm
Credentials
- University of Florida Levin College of Law, J.D., cum laude
- University of Florida, B.A.
- Florida
- All State Courts in Florida
- All Appellate Courts in Florida
- U.S. District Court for the Southern District of Florida
- U.S. District Court for the Northern District of Florida
- American Bar Association, Litigation Section; Health Law Section
- American Health Lawyers Association
- Federal Bar Association
- Palm Beach County Bar Association
- Martin County Bar Association
- Legal Aid Society of Palm Beach County, Inc., Board of Directors
- Craig S. Barnard Inns of Court, Board of Directors
- Leadership West Palm Beach, Class of 2012
- Pro Bono Service Award, The Florida Bar, 2024
- The Best Lawyers in America guide, Commercial Litigation, 2021-2023
- Pro Bono Service Award, Legal Aid Society of Palm Beach County, 2013
- Rising Star, Florida Super Lawyers magazine, 2010