Kevin P. McCoy
Kevin McCoy practices complex commercial and civil litigation with an emphasis on efficient dispute resolution. He has litigated business disputes involving misappropriation of trade secrets, defense of non-compete agreements, breach of contract actions (including UCC disputes), commercial evictions, tortious interference, breach of fiduciary duty, negligence, civil RICO Act claims, complex insurance coverage disputes, Lanham Act claims, defamation, and business divorces.
Mr. McCoy also has significant experience litigating products liability and toxic tort cases for clients in the tobacco and asbestos industries. This experience includes managing mass tort litigation across multiple jurisdictions, developing trial themes, and taking discovery of fact and expert witnesses. As part of this, Mr. McCoy handles a substantial number of cases on behalf of Union Carbide Corporation throughout the state of Florida.
Mr. McCoy handles cases in all phases of litigation, from early negotiated resolutions through bench and jury trials and appellate review. He has lead counsel trial experience.
- Obtained a final judgment of over $699,000 after a multi-day bench trial, which included a determination that the client was the prevailing party entitled to the recovery of its attorneys’ fees and costs in addition to the sums awarded in the judgment.
- Obtained summary judgment in favor of national insurer against claims by insured for D&O coverage for investigation costs associated with a federal investigation.
- Obtained a dismissal of claims against corporate principal in his personal capacity based on lack of personal jurisdiction.
- Obtained a dismissal with prejudice of a federal civil RICO Act claim and pendant state law claims in which the Plaintiff sought $1.5 million in damages.
- Obtained a favorable judgment following bench trial for a home builder franchisor in its prosecution of misappropriation of trade secrets claims, including a determination that the client was the prevailing party entitled to recover attorneys’ fees.
- Obtained an eviction of a commercial tenant.
- Represented one of the “big-three” tobacco manufacturers in its defense of post-Engle claims pending in jurisdictions throughout Florida.
- Obtained dismissal with prejudice of Florida Deceptive and Unfair Trade Practices Act claims, Florida RICO Act claims, and mortgage foreclosure related claims on behalf of an institutional lender.
- Obtained a favorable buyout on behalf of minority owners in a business divorce.
- Obtained a dismissal with prejudice of a multi-count complaint seeking substantial damages. Defended the result on appeal resulting in a PCA from the appellate court.
- Riley v. Wells Fargo Bank, N.A., 2013 WL 6818242 (Fla. 2d DCA 2013)
- Office Depot, Inc. v. National Union Fire Insurance Company of Pittsburgh, PA, 734 F. Supp. 2d 1304 (S.D. Fla. 2010), aff’d 2011 WL 4840951 (11th Cir. Oct. 13, 2011). Summary judgment in favor of insurer on insured’s claims of over $24 million in investigation costs.
- Harry & David v. J & P Acquisition et al., 2009 WL 4892296 (D. Or. Dec. 17, 2009) (dismissing claims against corporate principals for lack of personal jurisdiction).
- Merritt v. Lake Jovita Homeowner’s Assoc. et al., 2010 WL 627531 (M.D. Fla. Feb. 23, 2010) (awarding appellate attorneys’ fees in favor of clients for their defense of a frivolous appeal).
Mr. McCoy dedicates a significant amount of time each year to helping deserving clients with their legal matters on a pro bono basis.
In his first pro bono case, he represented clients in their breach of contract action against a mobile home dealer. When settlement negotiations failed, Mr. McCoy obtained a jury verdict and final judgment on behalf of the clients and defended the final judgment in multiple post-trial hearings, including evidentiary hearings. The parties reached an amicable post-trial resolution.
Mr. McCoy is currently handling a pro bono representation involving civil litigation, and he is a member of the firm's team seeking post-conviction relief on behalf of a death row inmate.
- AV Rated by Martindale-Hubbell
- Selected for inclusion in Florida Super Lawyers Rising Stars (2011-2012, 2014)
- Received the 2010 Bay Area Volunteer Lawyers Program award for “Outstanding Pro Bono Service By A Young Lawyer”
- Recognized by the Tampa Bay Business Journal as a 2009 “Up and Comer”
- The Florida Bar
13th Judicial Circuit Grievance Committee, Attorney Member
- Hillsborough County Bar Association, Young Lawyer’s Division
- J. Clifford Cheatwood American Inn of Court, Member (2010-2012)
- American Bar Association, Member
- Bay Area Legal Services
Board of Directors, Secretary (2012-2017)
- Defense Research Institute, Member
- Florida Blue Key, Member
- DLA Piper LLP (US) (Tampa, FL)