Lowndes Drosdick Doster Kantor & Reed, P.A.

T. Todd Pittenger

Office

450 South Orange Avenue, Suite 250
Orlando, Florida 32801-3383
Direct: (407) 418-6282
Office: (407) 843-4600
Fax: (407) 843-4444
todd.pittenger@lowndes-law.com

T. Todd Pittenger

Partner

Practice Areas

Specialty Practices/ Industries

Property Rights Litigation; Tort Liability Defense; Business Litigation; Class Action Defense; Complex Business Litigation

Education

Admitted

Appointments and Elected Positions

Recognition

Professional Certification, Memberships and Activities

Professional Associations
Orange County Bar Association
Federal Bar Association
The Florida Bar
Professional Certifications
Florida Bar Board Certified in Business Litigation

Community Activities

Leadership Orlando, Alumnus
Leadership Winter Park, Class XI
Orange County Legal Aid Society

Publications and Lectures

"Newberg on Class Action," Supervising Editor, ABA Survey of Class Action Law
"Litigating the Class Action Lawsuit in Florida"
"Defense Perspective in Class Action Litigation," NBI Seminar Faculty Lecturer

Representative Client Experience

• Lead counsel in defense of state and federal court class actions involving the defense of Interstate Land Sales Full Disclosure Act revocation and damages claims involving an entire subdivision.

• Lead counsel in defeating proposed class action status in construction defect case against national builder, set new precedent with trial court order that applied Florida statutory pre-suit individual suit requirements to class claims.

• Lead counsel in Florida Labor Pool Act class action brought by national plaintiffs’ firm in which I achieved defense judgment in reverse bifurcation merits trial. Presiding Judge held statute unconstitutional and ruled entirely on merits for the defense, thereby eliminating company threatening class action exposure. Also handled successful Fourth DCA and Florida Supreme Court landmark appeals that upheld ruling in favor of the defendant Labor Pool Company, becoming law of the state.

• Lead Florida counsel for Advisor of Hotel REIT and several other key defendants in defense of consolidated federal securities class action challenging billions of dollars in transactions over multiyear period as well as proxy and proposed (but as yet unconsummated) merger and underwriting on New York Stock Exchange.

• Lead Florida counsel for General Partners of Limited Partnerships in state court lawsuit involving complex reverse merger transaction of restaurant REITs and 45,000 partner class action for breach of fiduciary duty. Obtained early dismissal for lack of subject matter jurisdiction that was affirmed by Court of Appeals, ending class action.

• Lead counsel for cruise line in defense of nationwide deceptive and unfair trade practices claim involving alleged padding and fraudulent billing of port charges. Liability vigorously contested, favorable nationwide settlement finally approved by Court in August, 2003 which released all liability to class in exchange for travel vouchers being issued in exchange for records by third party cruise line. Defendant only responsible for turning over records and paying publication/claims administration cost plus attorney’s fees and costs.

• Negotiated and obtained trial court approval of nationwide Federal Consumer Leasing Act class action settlement for auto maker which bars all CLA and equivalent state law disclosure violation claims for 650,000 class members who received direct mail notice in the face of vigorous objection from lawyers maintaining parallel competing federal court class actions. Also handled appeal that resulted in settlement being unanimously upheld in May, 2003. Settlement was for far less than budgeted in parallel cases.

• Lead Counsel in $20 million specific performance action against joint owners of 450 acre parcel. Achieved summary judgment against owner of undivided one-half interest on eve of trial, favorable settlement against owner of other undivided one-half interest. Closing occurred because seller could not post substantial bond.

• Lead counsel in representation of general partner of hedge fund forced to liquidate positions due to portfolio manager misconduct. Successfully negotiated favorable settlements with prime brokerage firm, all limited partners, and portfolio manager, the latter of which required him to disgorge entire net worth in settlement.

• Leading role defending municipality in threatened class action alleging intentional wrongdoing concerning operation of Occupational Medical Clinic, obtained involuntary dismissal affirmed on appeal for noncompliance with Florida's medical malpractice statute. Dismissal followed by entry of judgment against Plaintiffs' counsel for $200,000.00 in attorneys' fees as a sanction for statutory noncompliance and bringing frivolous lawsuit.

• Leading role in defending general partners of 18 Income Fund limited partnerships comprised of 42,000 limited partners in putative class action which challenged proposed roll-up transaction into already registered public company that was proposed to be listed on the New York Stock Exchange. Coordinated massive discovery effort and defense strategy resulting in case being dismissed without any monies being paid by the Defendants after I year. Thereafter proceeding in getting majority of attorney's fees paid by D&O carrier despite policy issues over covered versus non covered claims and insured versus non insured persons.

• Lead counsel in complex patent ownership and inventorship dispute played out in 2 federal and 1 state court lawsuit that culminated in 2-week liability phase jury trial and was twice appealed. Successfully negotiated a very favorable resolution for clients while on appeal that resulted in up front cash and License Agreements for patents in suit and unrelated technology.

• Defended Japanese-owned golf course companies in fraudulent transfer and proceedings supplementary brought in federal and state courts. Secured outright dismissal of Federal case and forum no-conveniens dismissal of first State Court action that remained dormant following appeal. Other State Court case vigorously litigated on piercing the corporate veil and fraudulent transfer theories but then stayed so clients' rights could be determined in parallel lawsuit pending in Japan. Then negotiated and concluded favorable settlement which resulted in division of proceeds from the sale of both golf courses with Japanese Bank. Clients allowed to keep several million dollars despite more than $100,000,000 owed to Bank.

• Took over defense of long pending RICO and fraud action against individuals who founded workers' compensation mutual insurance company in suit for $30,000,000.00 that was premised on allegations of corporate looting and financial wrongdoing. Successfully negotiated and concluded settlement that eliminated all exposure and was funded entirely from insurer and Defendants other than my clients. Settlement paved way for liquidation of mutual insurance company that had been held up for years while litigation had been pending.

• Lead counsel for factoring company in multi-million dollar federal court lawsuit with Fortune 500 account debtor in Federal Court over actual and apparent authority and UCC issues. Genesis of dispute was that, unbeknownst to factor client, literally millions of factored invoices were for transactions that turned out to be fictitious. After winning key discovery related hearing and engaging in motion practice, mediated early favorable settlement.

• Lead counsel for 49% limited partner in AAA arbitration asserting breach of fiduciary duty and other partnership related claims that arose out of failed buy-out transaction. General Partner was a large public entity which had allegedly diverted partnership assets for its own use in derogation of partnership responsibilities. After 2 separate injunction proceedings and motion practice, the case was settled through favorable buy-out of limited partner interest.

• Successfully defended principal of corporate general partner in piercing the corporate veil and fraud claim which sought to impose liability for a million dollar indebtedness on him individually because the Bahamian Citrus venture had collapsed financially. First obtained summary judgment which got reversed on appeal due to factual issues. After remand, obtained dismissal with prejudice because of Plaintiffs' failure to abide by Court orders. Case settled while on second appeal on walk away basis. Also successfully defended same principal in actions brought by disgruntled partner over relative contributions to partnership.

• Lead role in successful defense of flour manufacturer baker's asthma action brought on behalf of three (3) groups of plaintiffs that was dismissed with prejudice based on sophisticated intermediary defense and then settled for a nominal amount while on appeal.

• Represented plaintiffs and defendants in multi-million dollar breach of contract related tort litigation. Examples include defense of Arab Sheik and related company which resulted in the Sheik being dismissed for lack of personal jurisdiction through appellate decision and favorable settlement of remainder of case. Another example is representation of developer/owner of several apartment projects against termite company that was settling for $1.5 million sum notwithstanding that numerous defenses were interposed by defendants.