David E. Cannella
David E. Cannella is a civil trial attorney for businesses. He has tried cases to verdict (jury and non-jury) on business litigation matters in state and federal court.
Mr. Cannella is Board Certified in Business Litigation Law by The Florida Bar. Certification identifies him as an attorney with special knowledge, skills, and proficiency in business litigation and this certification distinguishes him as a specialist in this legal area.
Mr. Cannella's practice is dedicated to complex business litigation, with emphasis on trade secrets, defamation, franchise/distributor litigation, unfair competition, government contracts, deceptive and unfair trade practices, breach of fiduciary duty claims, class action defense, construction litigation, real property litigation, and pharmaceutical product liability defense.
Mr. Cannella leads the Orlando office Business and Trade Regulation Practice Group.
Mr. Cannella has been the lead counsel in the following matters:
- Obtained 2012 arbitration award in excess of $570,000 on behalf of a liquor brand owner against a terminated distributor.
- Obtained a 2012 dismissal with prejudice of putative consumer class action against smart phone manufacturer.
- Obtained permanent injunctive relief in 2010 on behalf of a timeshare company against a “vacation club” that was using the client’s proprietary information to solicit guests and customers at the client’s Ocean Walk Resort in Volusia County.
- In 2010 AAA arbitration, won dismissal of antitrust claims, trademark claims and breach of contract claims brought by a former “alliance partner” against client, a leading provider of admixtures for specialty concrete.
- Representation of a telecommunications company in 2009 sued for $5 million in the United States District Court for the Southern District of Florida by a former system integrator provider for breach of contract and tortious interference with business in connection with the installation of telephone equipment and support on cruise ships. Plaintiff voluntarily dismissed claims with prejudice after Cannella filed motion for summary judgment. The telecommunications company paid nothing to the Plaintiff.
- Obtained a 2010 jury trial verdict in the United States District Court for the Middle District of Florida in excess of $2.4 million for an individual against a land development company that enforced certain restrictive covenants in a discriminatory manner in violation of the Fair Housing Act of 1968.
- Representation of a global nutraceutical company in defense of a commercial defamation matter.
- Bid protest before the Greater Orlando Aviation Authority on behalf of incumbent elevator, escalator, and moving sidewalk contractor at the Orlando International Airport (contract in excess of $2.6 million annually) (2009).
- Bid protest before the Greater Orlando Aviation Authority on behalf of responsive and responsible low bidder for interior plant maintenance contract (2008).
- Obtained 2006 jury trial defense verdict on behalf of a food manufacturer in a $550,000 case brought by a former distributor for defamation, fraud and breach of contract.
- Obtained 2007 permanent injunctive relief on behalf of a timeshare company whose members were being illegally solicited by a competitor that obtained confidential and proprietary trade secret information.
- Obtained 2007 summary judgment in construction defect case in the Middle District of Florida dispensing with Plaintiff’s claims against a home builder for violations of the Florida Deceptive and Trade Practices Act, implied warranty claims and building code claims arising from use of textured cement finish rather than full thickness stucco.
- Prosecution of a fraud claim against defendants who conspired in an illegal land flip scheme to defraud a bank in the amount of $600,000 (2005).
- Obtained 2002 jury trial defense verdict on behalf of an employer arising for negligent hiring in a civil battery case in which the plaintiff claimed a permanent brain injury.
- Obtained 2004 dismissal of claims against a financial planner for breach of fiduciary duty in connection with advice rendered in connection with the termination of a defined benefits plan.
- Obtained 2003 final summary judgment on behalf of an automotive manufacturer on grounds of spoliation of evidence.
In addition to the matters in which Mr. Cannella was lead counsel, his experience includes the following representative matters:
- Florida counsel for two on line travel companies (OTCs) sued by the Orange County Comptroller and Orange County in which the plaintiffs are seeking a declaration that the OTCs owe Tourist Development Tax on the difference between the wholesale rate and retail rate.
- Defense of a pharmaceutical company in wrongful death cases arising from alleged use of antidepressants.
- Defended automobile manufacturer in statewide class action suit alleging defects in a particular model of automobile used as a police car.
- 2004 and 2005 defense of a pharmaceutical company in mass tort action related to plaintiffs use of diet drugs.
Mr. Cannella has also appeared pro hac vice as lead counsel in Pennsylvania, Ohio, and Tennessee.
- Orange County Teen Court Youth Offender Diversion Program - Mr. Cannella is an advisor and mentor for this program that handles criminal cases involving first time youthful offenders involved primarily in misdemeanors.
- "Hot Topics and Recent Trends in Lender Liability Claims," Turnaround Management Association, Orlando, FL (August 27, 2013)
- "Corporate Representative Depositions - An Overview," Association of Corporate Counsel - Central Florida Chapter, Orlando, FL (November 17, 2010)
- "Attorney-Client Privilege Issues for Corporate Counsel," Association of Corporate Counsel - Central Florida Chapter, Orlando, FL (May 20, 2009)
- AV rated by Martindale-Hubbell
- Board Certified in Business Litigation from The Florida Bar Board of Legal Specialization and Education
- Listed in The Best Lawyers in America (2010-2014)
- Selected for inclusion in Florida Super Lawyers (2006-2014)
- Selected for inclusion in Florida Trend’s Florida Legal Elite (2012 and 2014)
- Orlando Business Journal's
Top 40 Under 40 2006
Best of the Bar - Litigation 2005 and 2006
- Featured in a cover story in the June 2005 edition of Orlando Magazine for charitable work performed with the attorney musical group the "Learned Hands"
- Award winning member of the University of Florida Trial Team and Justice Campbell Thornal Moot Court Board; served as vice president of the Trial Team and vice chairman of the Moot Court Board
- The Florida Bar
Florida Rules of Civil Procedure Committee (2012 to present)
Media & Communications Law Committee (July 2009 to 2012)
Editorial Board, The Florida Bar Journal (June 2003 to 2009)
Business Litigation Committee of The Florida Bar Business Section
- Blankner Foundation, Member, Board of Directors
- Board of Trustees for the Legal Aid Society of the Orange County Bar Association
- Master, George C. Young First Central Florida Inn of Court
- American Bar Association
Membership Co-Chair, ABA Section of Litigation Business Torts Committee
- Adjunct Professor of Business Law, University of Central Florida (2000 to 2003)
- Faculty Member, Kessler-Eidson Program for Trial Techniques at the Emory University School of Law (2001 and 2002)
- Founding Member, Orlando Chapter of the Buoniconti Fund to Cure Paralysis
- Member, Leadership Orlando (Class 51)
- Volunteer, Orange County Teen Court Program (since 1996)
- Finisher, Rome Marathon (fundraiser for the American Diabetes Association, 2001)