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Vanderbilt University Law School (J.D., 1976)
St. Olaf College (B.A., 1973), magna cum laude

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Patricia H. Thompson

Shareholder

pthompson@cfjblaw.com

Miami

T: 305.539.7239

F: 305.530.0055

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Patricia Thompson is a trial lawyer, concentrating her practice in construction, employment, surety, fidelity, and other complex commercial disputes in state and federal courts and in arbitration. Ms. Thompson has tried over 46 cases to verdict or award, and resolved countless more by summary judgment or other dispositive motions. Additionally, much of her time is devoted to counseling clients concerning employment and construction dispute avoidance and resolution, insurance claim investigation and coverage analysis.

Ms. Thompson has been regularly listed in The Best Lawyers in America, Chambers USA Guide to America's Leading Business Lawyers, The International Who's Who of Construction and Business Lawyers, Florida Super Lawyers, Florida Trend's Legal Elite, and South Florida Legal Guide Top Lawyers in her areas of practice concentration. She is a fellow of the American College of Construction Lawyers.

Ms. Thompson has served as chair and in other senior leadership roles of major committees of the Tort and Insurance Practice and Litigation Sections of the American Bar Association. She has spoken and published extensively for Florida and American Bar continuing legal education programs and has authored more than 15 professional law journal articles and chapters in other national publications.

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Representative Experience

Construction:

Prosecution of construction delay claims by surety against architect and engineer.
Prosecution of nonpayment claim by contractor against developer.
Defense of developer against nonpayment claims of contractor, in arbitration involving claims of design negligence and defective work.
Defense of numerous claims of nonpayment by subcontractors against contractors and sureties.
Defense of numerous performance bond claims by public and private owners against sureties.
Negotiation of numerous take-over and completion agreements between sureties and owners.

Employment:

Obtained injunctive relief to enforce non-compete agreements.
Investigated and resolved numerous administrative charges involving discrimination, harassment, and retaliation claims.
Defense of international telecommunication company against claims of gender, age, and natural origin discrimination by senior executive on expatriate assignment, resulting in summary judgment in favor of client.
Defense of national credit reporting company against claim of age discrimination by sales employee resulting in summary judgment in favor of client.
Defense of national moving company against claim of gender discrimination by warehouse employee resulting in jury verdict in favor of client.
Defense of multiple collective FLSA actions against national restaurant chain.
Defense of multiple ADA premises liability actions against national restaurant chains and shopping center owners.
Defense of numerous retaliation actions involving wage, workers compensation, and whistle-blower claims.

Commercial:

Defended evidentiary proceeding on motion for preliminary injunctive relief in connection with contractual right of first refusal in sale of business; motion denied and case settled.
Defense of suit to foreclose mortgage on low income rental complex; verdict in favor of client.
Defense of claim in arbitration for damages for alleged breach of contract to purchase shopping center.
Prosecution of numerous claims on notes and mortgages.
Defense of claims on letters of credit.

Insurance:

Defense of claim of reformation of insurance policy resulting in judgment in favor of insurer.
Defense of dishonesty claim under Financial Institution Bond resulting in jury verdict in favor of insurer.
Defense of numerous claims for disability or life insurance coverage.
Numerous coverage opinions and defense of fidelity, forgery and other claims under bonds and crime policies.

Pro Bono

Representation of a church sued by an employee, in a case involving constitutional church-state issues.
Representation of a church in suit against a contractor who misused funds he was given to construct the church's sanctuary, resulting in the church losing over $50,000 in money raised to build its own building. Final judgment entered against contractor.
Providing employment advice to pro bono legal aid organization.
Defense of several elderly individuals against fraudulent claims.

Publications

05.02.2014	Co-Author, "The Danger of Inconsistent Choice of Law, Jurisdiction and Arbitration Clauses in Insurance Policies," Bloomberg BNA (May 2014).
03.20.2014	Co-Author, "Is it time to include mandatory arbitration clauses in all reinsurance policies?," Global Reinsurance (March 2014).
10.31.2013	Co-Author, "Ten Steps to Help Insurers Preserve Their Right to Restitution Under Federal Victims’ Rights Statutes," Carlton Fields Jorden Burt Web article (October 2013).
07.17.2013	"Top Ten Ways to Avoid/Minimize Employer Liability for Overtime Pay," CarltonFields.com (July 17, 2013).
02.13.2013	“Drafting a Takeover Agreement,” Carlton Fields Jorden Burt Web article (February 13, 2013).
07.12.2012	Client Article: "Contractual and Federal Statutory Support for an Owner’s Right to Withhold Payment for Work Performed," (July 12, 2012).
06.14.2012	Client Article: "Ethical Business Practices Construction," (June 14, 2012).
12.08.2011	“Best Practices for Litigation Budgeting,” Carlton Fields Jorden Burt Web article (December 8, 2011).
10.27.2011	Co-Author, "Claims Considerations for the Insurer Under a Financial Institution Bond When the FDIC is Claimant," program materials for the Fall Meeting of the ABA TIPS Fidelity and Surety Law Committee (October 27, 2011).
09.01.2011	Co-Author, “Can Direct Mean Direct? Untangling The Web of Causation in Fidelity Coverage,” XVI Fidelity Law Journal 125 (2010).
08.16.2010	“The Unexpected Pleasure of Pro Bono Work,” The Woman Advocate, Volume 15, Number 4 (Summer 2010).
03.04.2010	Co-Author, “A Work Product Overview in Light of Federal Rule of Evidence 502,” The Florida Bar Topics in Evidence seminar in Tampa, FL (March 4, 2010).
01.01.2010	Co-Author, “Financial Institution Bond Insurer’s Rights of Subrogation and Indemnity,” presented at the ABA TIPS Fidelity & Surety Law Committee meeting (January 2010).
01.01.2010	“Florida,” State-by-State Guide to Architect, Engineer & Contractor Licensing (2002-2010 Cumulative Supplements).
12.01.2008	“An Insurer’s Guide to Effective Claims Investigations, Presentation and Resolution,” Financial Institution Bonds, ABA (2008).
11.01.2007	“Use of Experts in Discovery and Preparation for Trial,” ABA program materials for Fidelity and Surety Law Committee Midwinter 2007 program.
10.01.2007	“Methods for Adding Clarity and Persuasiveness to the Trial of Complex Surety Cases,” ABA program materials for the 2007 Complex Surety Trial program.
08.01.2006	“To Pay or Not to Pay; To Stay or Not to Stay: Contractual and Statutory Analysis of an Owner’s Right to Withhold Payment for Work Performed,” ABA program materials for Forum on the Construction Industry’s 2006 Fall Meeting.
07.01.2006	“Recent Developments in Fidelity and Surety Law,” 41 Tort Trial & Insurance Practice Law Journal 429, ABA (2006).
07.01.2006	“Introduction to Construction Bonds and Insurance,” Basic Construction Law 2006, Fla. Bar. (2006).
06.01.2006	“A Practitioner’s Introduction to Prompt Payment Statutes,” 15 Construct! – the newsletter of the Construction Litigation Committee, Litigation Section, ABA (Summer 2006).
04.01.2006	“Message from the Co-chairs,” 15 Construct! 2 (Spring 2006).
04.01.2006	"Disability Discrimination – Litigation Update: Association for Disabled Americans v. Key Largo Bay Beach," Dade County Bar Association Bulletin (April 2006).
12.01.2005	Co-Author, “Recent Developments in Fidelity and Surety Law,” 40 Tort Trial & Insurance Practice Law Journal 447 (2005).
10.01.2005	Co-Author, “Continued Erosion of the Economic Loss Rule in Construction Litigation by and Against Owners,” The Construction Lawyer (Fall 2005).
04.25.2005	Client Alert: Construction Practice Pointer - Reyes v. Hollywood (April 25, 2005).
12.01.2004	Co-Author, “What’s the Worst that Could Happen?” Ethical Risks Inherent in Joint Representation of the Surety Client and its Principal, 13 Construct! 1 (2004).
11.04.2003	"Current Trends in Real Estate Class Actions and Real Estate Related Discrimination Claims," presented at the University of Miami Real Property Institute (October 29, 2003).
11.01.2003	Co-Author, “Loss Resulting Directly From …” Causation Under the Financial Institution Bond and Similar Insurance Form IX, The Fidelity Law Association Journal 25 (2003).
08.30.2003	Editor, IX The Fidelity Law Association Journal (2003).
02.01.2003	Co-Author, “Arbitration of Employment Claims: More Favored Than Ever,” The Bulletin: The Official Newspaper of the Miami Dade County Bar Association (2003).
12.31.2002	Co-author, “State-by-State Guide to Architect, Engineer & Contractor Licensing (Florida)," Aspen Publishers (2002-2013).
12.01.2002	“On Premises,” Financial Institution Bond Annotated ABA (2002).
08.01.2002	Editor, VIII The Fidelity Law Association Journal (2002).
07.01.2002	Co-Author, “Batson Challenges – Part Three: Plausible Challenge Or Pretext For Discrimination?” The Bulletin: The Official Newspaper of the Miami Dade County Bar Association (July 2002).
06.01.2002	Co-Author, “Batson Challenges – Part Two: Supporting The Peremptory Strike,” The Bulletin: The Official Newspaper of the Miami Dade County Bar Association (June 2002).
05.01.2002	Co-Author, “Batson Challenges – Part One: What Are They And How To Make Them,” The Bulletin: The Official Newspaper of the Miami Dade County Bar Association (May 2002).
10.01.2001	Co-Author, “Accessibility Litigation Under Title III of the ADA: Two Recent Decisions Addressing Attorney’s Fees and Standing,” The Bulletin: The Official Newspaper of the Miami Dade County Bar Association (October 2001).
05.01.2001	Co-Author, “First Amendment Bars Employment Related Claims Against Religious Institutions,” The Bulletin: The Official Newspaper of the Miami Dade County Bar Association (May 2001).
02.01.2001	“Insured’s False Claim Voids the Policy as to Truthful Claim,” Tort and Insurance Practice Insurance Coverage Litigation Committee News (Winter 2001).
12.01.2000	“Rice-Lamar v. City of Ft. Lauderdale: Concerned Citizen or Insubordinate Employee?” Dade County Bar Bulletin (December 2000).
11.01.2000	“EEOC v. Joe’s Stone Crab – An Employment Law Primer,” Dade County Bar Bulletin (November 2000).
09.01.2000	“Unequal Judicial Treatment of Employers and Employees Under Statutory Fee Shifting Provisions,” Dade County Bar Bulletin (September 2000).
01.15.2000	“Mandatory Dispute Resolution of Consumer or Customer Disputes with Goods or Service Providers,” The Advocates ADR Handbook, ABA (2000).
10.01.1998	“Preparing and Presenting the Complex Surety Case to a Panel of Arbitrators,” Managing and Litigating the Complex Surety Case, ABA (1998).
03.01.1998	“An Insured’s Guide to Effective Claims Investigation, Presentation and Resolution," Financial Institution Bonds, ABA (1998).
04.01.1997	"Computer Generated Evidence: Considerations In Opposing Admissibility of Animations," Construct! 9, ABA (Spring 1997).
10.01.1996	Co-Editor and Co-Author, “State-by-State Survey of the Economic Loss Doctrine in Construction Litigation,” ABA (1996).
03.01.1996	“The Competing and Conflicting Duties, Risks and Liabilities of a Primary Fidelity Insurer Faced with a Large Loss Claim,” II The Fidelity Law Association Journal 91 (1996).
12.01.1995	“An Insured’s Guide to Effective Claims Investigation, Presentation, and Resolution,” Financial Institution Bonds, ABA (1995).
10.01.1994	Co-Author, “Annual Survey of Surety and Fidelity Law,” XXIX Forum 412 (1994).
02.01.1992	“The Investigation of Bond Claims by the FDIC and RTC," Financial Institution Bonds, ABA (1992).
02.01.1989	“Protecting Your Rights Under Florida's Revised Lien Law,” Building Industry News (February 1989).
01.01.1989	“Waiver and Estoppel,” Financial Institution Bonds, ABA (1989).
11.30.1982	“Completion Options Available to a Performance Bond Surety Other Than Financing Its Principal,” XVII Forum 1215 (1982).
12.01.1979	Co-Author, “On Premises Coverage, Bankers and Other Financial Institution Blanket Bonds,” ABA (1979).
05.01.1979	Editor and Co-Author, “Florida Real Estate and Construction Law Quarterly.”

Speaking Engagements

Speaker, "Claims Consideration For The Insurer Under A Financial Institution Bond When The FDIC Is Claimant – Rounding The Proverbial, Very Large Square Peg," at the fall meeting of the Fidelity & Surety Law Committee of the ABA’s Tort, Trial and Insurance Practice Section, Nashville, TN (October 27, 2011)
Presenter and Co-Author, "Claims Considerations for the Insurer Under a Financial Institution Bond When the FDIC is Claimant," at the Fall Meeting of the ABA TIPS Fidelity and Surety Law Committee (October 27, 2011)
Speaker, “Can Direct Mean Direct? Untangling The Web of Causation in Fidelity Coverage,” The Fidelity Law Association Meeting, Boston, MA (November 3, 2010)
Speaker, “How to Negotiate a Take Over Agreement Between a Surety, Owner and Completion Contractor,” at the fall meeting of the ABA Forum on Construction Industry, Miami, FL (September 2, 2010)
Presenter, “A Work Product Overview in Light of Federal Rule of Evidence 502,” The Florida Bar Topics in Evidence seminar in Tampa, FL (March 4, 2010)
Presenter, “Financial Institution Bond Insurer’s Rights of Subrogation and Indemnity,” presented at the ABA TIPS Fidelity & Surety Law Committee meeting (January 2010)
Speaker, “The Rights Owed to Surety’s by Others,” Dade County Bar Association Construction Law Committee (October 23, 2009)
Speaker, “Structuring Intelligible Insurance Provisions and Surety Issues,” program on Drafting and Negotiating Tomorrow's Construction Contracts Today, PLI (May, 2009)
Speaker, “Deposing Expert Witnesses and Plaintiffs” at a program entitled “Defense Practice for Young Lawyers,” sponsored by the Florida Defense Lawyers Association and the Dade County Defense Bar Association
Panelist for a program entitled “Industry Panel Forum: Legal Update,” organized by the Greater Miami Chamber of Commerce as part of its annual conference, “Human Resource Insights 2009: Aligning Your HR & Business Strategies for Success” (2009)
Moderated a three-hour panel on “Managing and Litigating the Financial Institution Bond Claim,” at the fall meeting of the Fidelity & Surety Law Committee of the ABA’s Tort, Trial and Insurance Practice Section in Baltimore on Financial Institution Bonds (November 7, 2008)
Speaker, “An Insured’s Guide to Effective Claims Investigation, Presentation, and Resolution,” at the fall meeting of the Fidelity & Surety Law Committee of the ABA’s Tort, Trial and Insurance Practice Section in Baltimore on Financial Institution Bonds (November 6, 2008)
Speaker, “Use of Experts in Discovery and Preparation for Trial,” ABA program for Fidelity and Surety Law Committee Midwinter 2007 program.
Speaker, “To Pay or Not to Pay, To Stay or Not to Stay: An owner’s perspective on how to best draft construction contracts to insure the owner’s right to withhold payments otherwise due the contractor," 2006 Fall Annual Meeting of ABA Forum on Construction Industry, Scottsdale, AZ
Speaker, “How to Avoid Overtime Lawsuits,” Daily Business Review Labor & Employment Roundtable, Miami, FL (September 14, 2006)
Speaker, “Bonds and Insurance,” The Florida Bar Basic Construction Law CLE, Miami, FL (November 17, 2005, and again on August 24, 2006)
Speaker, “Use of Expert Witnesses in Mediation,” ABA, ADR Section Annual Meeting, Atlanta, GA (April 7, 2006)
Speaker, “Rainmaking Made Simple: What Every Young Lawyer Should Know,” Dade County Bar Association/Young Lawyers Section Professionalism Workshop (March 10, 2006)
Speaker, “Rainmaking Made Simple: What Every Lawyer Should Know,” ABA General Practice, Solo & Small Firm Section Joint Spring Meeting (2005)
Speaker, “It’s New Era, It's not Just Ethics Any More,” The Florida Bar (2004)
Panelist, “Representing the Surety in Construction Arbitration,” AAA Second Annual National Forum on Conflict Management in the Construction Industry (2004)
Speaker, “The Role of the Economic Loss Doctrine in Construction Contracting,” paper presented and distributed at the ABA Forum on the Construction Industry Annual Meeting (2005)
Speaker, “Real Estate Related Discrimination Claims,” paper presented and distributed at the 16th Annual Institute on Real Property Law, University of Miami (2003)
Speaker, “The Surety's Assertion of Construction Claims Against Obligee,” paper delivered and distributed at the ABA Forum on Construction Midwinter Meeting (2003)
Speaker, “Professional Misconduct Issues in the Lustig Cases: Judicial Recusal, Sanctions, Fraud on the Court, and Other Bad Acts,” paper given and delivered at the ABA/TIPS Fidelity & Surety Law Committee Midwinter Meeting (2000)
Speaker, “Insured’s Bad Faith and Fraud – What’s a Fidelity Insurer to Do?” paper delivered and distributed at the Surety Claims Institute Annual Meeting (June 1998)
Speaker, “Computer Generated Evidence, The Art of Admissibility and The Science of Persuasion,” paper given and delivered at The Forum on Construction Meeting (1997)
Speaker, “Politically Correct Lending – The Equal Opportunity Act,” paper given and delivered at the Progressive Casualty Insurance Company's Fourth Annual Banking Law Seminar (1994)
Speaker, “Deep Pocket Perspectives: An Analysis of Environmental Clean up Liability from the Vantage Points of the Lender, the Surety, and the General Liability Insurer,” paper given and delivered at the ABA Construction Litigation Program (August 1993)
Speaker, “Arbitration: Between a Rock and a Hard Place - A Surety’s Concerns,” paper given and delivered at the ABA Litigation Section Annual Meeting (1991)
Speaker, “From Fiduciary to Watchdog: The Duty of Attorneys and Accountants to be Their Client Financial Institutions’ Keeper,” paper given and delivered at the ABA Litigation Section Mid-Year Meeting (1991)
Speaker, “The History and Development of the Unfair Claims Practices Act,” paper given and delivered at the National Bond Claims Association (1989)
Speaker, “Significant Changes in Mechanics Lien Law,” Florida Atlantic Builders' Association, Boca Raton, FL (December 1988)
Speaker, “Overview and Introduction to the New 1986 Form 24 Financial Institution Bond,” ABA Fidelity & Surety Meeting (January 1987)

Professional Recognition

AV rating by Martindale-Hubbell
Listed in The Best Lawyers in America (2006-2015)
Recipient of the 2013 Greater Miami Chamber of Commerce Salute to Miami’s Leaders Awards (Legal/Law)
Finalist, 2011 Thelma Gibson Award, Miami Women's Chamber of Commerce
Recipient of the 2012 Martin J. Andrew Award for Lifetime Achievement in Fidelity and Surety Law, The Fidelity and Surety Law Committee of the Tort and Insurance Practice Section of the American Bar Association
Recipient of the 2010 IMPACT Law Leader by the South Florida edition of Business Leader Magazine
Recipient of the 2007 Key Partners Award in the Legal and Accounting Professions from Citibank and the South Florida Business Journal
Honoree, 2009 Florida Immigrant Advocacy Center (FIAC) Annual Awards Dinner in recognition of pro bono work for and in support of the FIAC
Listed in Chambers USA Guide to America's Leading Business Lawyers (Construction and Labor & Employment) (2006-2011); (Construction) (2012-2014)
Selected for inclusion in Florida Super Lawyers (2006-2014); Florida Super Lawyers' Top 50 Female Lawyers and Top 100
Selected for inclusion in Florida Trend’s Florida Legal Elite 2004 (Business Litigation & Business Law category), 2005-2009 (Construction)
Selected for inclusion in The International Who’s Who of Construction Lawyers (2005, 2007, 2008, 2010, 2011, 2013, 2014)
Selected for inclusion in The International Who’s Who of Business Lawyers (2015)
Listed as a Top Lawyer in South Florida Legal Guide (2002-2003, 2005-2013, 2014)
Selected for inclusion in 101 Women to Watch, Miami-Dade’s Most Influential Females of 2001, by Miami Metro 30 (2001)

Professional and Civic Activities

American College of Construction Lawyers
Past member, Board of Governors
Past member, Nominating Committee
Insurance and Surety Committee, Past Co-Chair,
The Florida Bar
Eleventh Circuit Unauthorized Practice Law Committee "A", Former Chair
Florida Bar Grievance Committee "llB"
American Bar Association
Foundation, Fellow
Tort Trial and Insurance Practice Section
    Fidelity and Surety Law Committee, Past Chair & Vice-Chair
    Past Program Co-Chair, Annual and Mid-Winter Fidelity and Surety Programs
    Brief, Past Editor
    Professionalism Committee, Former Member
Litigation Section
    Construction Litigation Committee, Past Co-Chair
    Mechanics Lien Subcommittee, Past Chair
    Damages Subcommittee, Past Chair
    ADR Committee, Past-Chair, Membership Subcommittee
    Woman Advocacy Committee, Former State Coordinator
    Task Force on Model Rules of Ethics for Mediators
    The Ethics of the Deal, Section of Litigation Annual Meeting, Program Chair, 2005
The Fidelity Law Association, Former Member, Board of Advisors
Surety Claims Institute
Program Coordinator, Jan. 2000
Fidelity Committee Member
American Arbitration Association, Past Member, Approved Panel of Arbitrators for Complex Commercial Cases
The Defense Research Institute, Former Member
The Eugene P. Spellman American Inn of Court, Past Member
Women’s Chamber of Commerce of South Florida, Past Officer and Director
Beacon Council (Miami-Dade County’s official economic development organization)
Executive Committee Member
Board of Directors Member
Treasurer, Past
Secretary, Past
Finance Committee, Past Chair and Member
Audit Committee, Member
Human Resource Committee, Past Chair
Membership Committee, Former Member
Professional Services Committee, Chair
Beacon Council Economic Development Foundation
Secretary, Past
Board of Directors, Former Member
Greater Miami Chamber of Commerce
Past Counsel to the Board of Directors
Chairman’s Circle of 100 Member
Executive Committee, Member
Board of Directors, Past member
Board of Governors, Past Member
Education Group, Past Chair
Legislative Affairs and Public Policy sub-committee of Education Group, Past Chair
Nominating Committee, Past member
Human Resources Committee, Past member
Women in Business, Past member
One Community-One Goal, Former Board of Directors Member
Florida International University, College of Education Advisory Board, Past Chair and Member
University of Miami School of Law, Center for Ethics & Public Service, Member, Board of Advisors
The Spectrum Foundation (residential drug and alcohol addiction treatment facility), Past Director
The Brickell Avenue Literary Society, Member
200 Club of Greater Miami, Former Member

News
- 03.20.2014
  
  Patricia Thompson and Renee Schimkat Publish Article Discussing Mandatory Arbitration Clauses in Reinsurance Policies
- 10.01.2013
  
  Patricia H. Thompson Honored for Her Leadership and Contributions to the Legal Industry

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