Representative Experience in Daytona Beach

INTELLECTUAL PROPERTY

• Represented marketing company sued in Kentucky by competitor for alleged theft of intellectual property against insurer for failure to provide a defense under the advertising injury coverage of the policy. Obtained jury verdict of $18,787,500 for client, $18,500,000 of which was for lost profits.
• Represented one of two shareholders in a family-owned business in a shareholder derivative action against the other shareholder, another family member, and a business to which company assets were transferred. Brought claims of theft of trade secrets under the Florida Uniform Trade Secrets Act, among many other claims, and prevailed on all claims. Following trial prevailed on all claims, which was upheld on appeal, and obtained combined judgments for damages and prejudgment interest which, along with post judgment interest, total more than $3,000,000.00. Attorney fee and cost claims remain pending at the time of this writing.
• Represented business service provider sued by competitor in federal court in Arizona for intellectual property infringement. Obtained dismissal of suit in Arizona and sued the competitor in federal court in Florida for unfair business practices, including trademark infringement and cybersquatting. A satisfactory settlement was achieved for client prior to trial.
• Represented New York based major manufacturer of high end carpet, some of which has been used in the White House, in federal court in Florida against carpet business infringing on their trademarked name. A settlement including all of the relief sought by the client was obtained prior to trial.
• Represented New Jersey based major new home interior finish design and installation company and employees sued by Georgia based competitor/former employer of employees in federal court in Virginia and Florida for trade secret theft under common law and state versions of Uniform Trade Secrets Act, breach of restrictive covenants, and violation of the Computer Fraud and Abuse Act, among other claims. Defeated attempt to obtain injunction and expedited discovery at evidentiary hearing. Defeated repeated attempts to inspect computers, cell phones and other devices. Obtained confidential settlement of both cases on terms satisfactory to clients.
• Represented shoe retailer engaged in web based sales against Canadian competitor who hacked proprietary and confidential customer information from their server and used it to solicit customers of client. Suit was filed in federal court in Florida under the Florida Computer Crimes Act and the Florida Uniform Trade Secrets Act. The case quickly settled in an amount satisfactory to the client.
• Represented Florida based airport shuttle company sued by competitor for trademark infringement under common law, state statutory law, and federal Lanham Act, state statutory trademark dilution, tortious interference with advantageous business relationships, and unfair competition, Brought countersuit on behalf of client for violation of Florida Unfair and Deceptive Trade Practices Act, unfair competition and defamation and obtained confidential settlement on terms satisfactory to client.

UNFAIR BUSINESS PRACTICES

• Served as co-counsel to Colorado fixed base operation (“FBO”) consulting business in suit against subsidiary of publicly traded English company which owns FBOs for failure to pay 3% commission on a $72,500,000 acquisition of 3 FBOs facilitated by the client. The FBO owner contended the money wasn’t owed because the acquisition was made through a related entity and not the entity with which the client had the contract. Co-counsel tried the case before a jury, prevailed on every claim in the full measure of damages claimed, and obtained a total judgment of $4,089,000, inclusive of damages, prejudgment interest and fees.
• Represented major international Czech Republic based manufacturer of aviation lighting products, New York based distributor of aviation lighting products and Czech Republic citizen in suit brought by individual in Illinois state court for fraudulent misrepresentation, breach of contract, promissory estoppel and unjust enrichment. Obtained dismissal of all claims against New York distributor and Czech Republic individual and obtained confidential settlement of claims brought against Czech Republic manufacturer on terms satisfactory to client.
• Represented a major financial institution in suit against borrower who received in excess of $5,000,000 based on falsely represented inventory and accounts receivable. Sought emergency appointment of a receiver while concurrently keeping business premises of borrower under surveillance so that the collateral would not be further dissipated. Receiver was quickly appointed, business was sold, and client was able to recover a substantial amount of the money lent.
• Represented large Illinois based publicly traded manufacturer of aluminum and other products against retailer of products who had failed to repay more than $600,000 in credit extended and then fraudulently conveyed assets to keep them from being taken to satisfy debt. Suit was brought against parties to whom assets were conveyed and client recovered $600,000 through settlement prior to trial.
• Represented Chinese national in suit against another native-born Chinese person, who moved to the U.S. and became a citizen, who was acting as an agent for a private school which was being attended by the child of the client. Monies were obtained from client on pretense that that they would be paid to the school but the monies were kept by the agent. Many additional parties also sued which were affiliated with the agent, and an EB-5 visa investment project being orchestrated by the agent. A judgment was obtained prior to trial against the agent and one of their companies on Florida Deceptive and Unfair Trade Practices and conversion claims in the full measure of damages sought. Additional claims against the agent and the other defendants remain pending.
• Represented national moving service brokerage company in cases brought in California and Texas in cases alleging breach of contract and fraud, and deceptive and unfair trade practices, respectively. Settled cases quickly for client on acceptable terms without having to make formal appearance in the cases saving time and money.

EMPLOYMENT

Mr. Snell counsels employers on all variety of employment law issues. Some representative matters include:

• Represented restaurant owned by NBA All-Star in arbitration initiated by former manager over salary and bonuses they claimed were due. Employee awarded approximately 25% of amount claimed.
• Represented Nevada hotel cleaning services company in litigation brought by alleged employee in Massachusetts state court for overtime under the Massachusetts Wage Act. Contended fluctuating workweek method of compensation applied and damages were only roughly 25% of what was being sought. Obtained confidential settlement satisfactory to client prior to filing a response with the court.
• Represented large telephone company when supervisor was threatened by a former subordinate employee known to have a gun. Obtained injunction for protection prohibiting the former employee from coming near the workplace or otherwise threatening the supervisor.
• Represented prominent aviation university in suit brought by former employee under the Florida Whistle Blower Act. Post jury trial obtained settlement satisfactory to client.
• Represented marketing company employer of approximately 700 in suit brought by former employee terminated by the client under Worker’s Compensation Anti-Retaliation statute. Obtained directed verdict at trial for client following presentation of former employee’s case.
• Represented pest control company sued by major competing pest control company which alleged that two former employees hired by the client were violating their non-compete and other restrictive covenants. Defended on basis that client had taken great care not to take business from former employer during protected period and therefore the large competitor could not prove there was a legitimate business interest in need of protection through the restrictive covenants. Client and the employees prevailed entirely at the trial court level. The case was appealed and Snell Legal, along with appellate counsel, then represented the original client and the employees. The appellate court found in favor of the clients subject to clarification on one minor point by the trial court. The trial court clarified the point, the clients prevailed entirely, and the major pest control company paid the attorney fees of the clients.
• Large janitorial supply company sued former employee client who had started competing business bringing claims of breach of fiduciary duty and duty of loyalty as an employee, breach of common law fiduciary duty of loyalty of an employee, breach of contract, breach of implied contract, violation of the Florida Deceptive and Unfair Trade Practices Act and also sought injunctive relief. The client’s company was also sued. Brought a counterclaim on behalf of the client for conversion and breach of fiduciary duty against one of the owners of the former employer, and breach of contract against the former employer. Settlement was reached before trial on terms which are confidential but which were satisfactory to the client.
• Former employee of a large crane rental company who opened a competing business was sued by the former employer, as well as his wife and new company. Represented the former employee, wife, and company. Claims were made of breach of duty of loyalty, conversion, replevin, unjust enrichment, access to accounts, breach of confidentiality agreement, defamation, and fraud. The case settled prior to trial for a small fraction of the amount being sought by the former employer.
• Represented Pennsylvania based manufacturer of pharmaceuticals in defense of a claim brought by the estate of a deceased employee who contended that the decedent had contracted COVID-19 in the workplace, and died as a result, through the fault of the employer. The claim was settled on confidential terms satisfactory to the client.

HEALTH CARE

Mr. Snell regularly counsels individual physicians and physician practices on issues ranging from non-compete to medical malpractice, and other day to day operations issues, including:

• Represented hospital owned, and three physicians employed, by major state university in malpractice action brought by estate of mother who died giving birth due to what was then termed an amniotic fluid embolism. Defense verdict obtained for all four clients following jury trial.
• Served as co-counsel to emergency room physician sued for malpractice by Cuban refugee immigrant who claimed to have fallen from a gurney soon after arriving in the U.S. because the side rails weren’t raised. Defense verdict rendered following jury trial.
• Represented physician specializing in pain management in suit brought by patient alleging nerve damage with significant consequences following injection by client. Defense verdict achieved following jury trial.
• Represented emergency room physician who attended to legendary NASCAR driver Dale Earnhardt at the time of his fatal crash to recover expert fees due from publication who sought autopsy photographs and compelled his testimony to further their cause. Fees were recovered for client following hearing before presiding judge in Earnhardt autopsy photo litigation.
• Represented two siblings of a man who fell and suffered a severe head injury rendering him unconscious and in need of extraordinary health care for the remainder of his life, approximately three years later. The clients were sued in federal court in the United States District Court for the Middle District of Florida along with health care providers, including physicians, a hospital, and a hospice, under 42 U.S.C. § 1983, on the basis that they had conspired to cause the “unlawful killing of a human being . . . having been perpetrated from a premeditated design to effect the death” of the decedent. Succeeded, along with the health care providers, to have the case dismissed early in the proceedings sparing the clients the time, expense, and mental strain of prolonged litigation.
• Represented three chiropractic practices, and their principals, in three separate state court cases in Asheville, North Carolina, along with local counsel. The clients were sued for breach of a consulting agreement. Counterclaims were asserted on behalf of the clients. The cases were all settled prior to trial through mediation for a fraction of what the consultant was seeking.

MISCELLANEOUS

• Represented client in federal court litigation against national moving company for breaking valuable glass art created by noted glass artist Dale Chihuly. Settlement satisfactory to client reached prior to trial.
• Served as co-counsel for major grocery chain sued by multi-world record setting fisherman who claimed to have slipped and fallen on store premises and suffered serious brain injury. Defense verdict attained for client following jury trial.