FSU College of Law, J.D.,
magna cum laude, 2008
FSU Graduate School, M.A.(International Economics), cum laude, 2005
Mercer University, B.A., 2004
Florida Super Lawyers
AV Rated by Martindale Hubbel
Florida Legal Elite
Will has spent his entire career representing businesses and individuals in high stakes business disputes. He has significant experience in, among other matters, restrictive covenants agreements, employment law, executive compensation, business divorces, shareholder actions, and class/collective actions. For seven consecutive years, he has been listed in Florida Super Lawyers.
Will is a graduate of FSU College of Law (J.D., magna cum laude, 2008), where he was selected for the Order of the Coif, graduating in the top five percent of his law class. He also received a master’s degree in international economics from FSU (M.A., cum laude, 2005). After law school, Will served as a law clerk for the Honorable Hugh Lawson, United States District Court Judge for the Middle District of Georgia.
More examples of the type of work that Will regularly handles include:
- Non-Competes and Employee Mobility: Will regularly handles disputes involving non-compete, non-solicit, and non-disclosures, as well as trade secret disputes. Will also handles unfair competition disputes that don’t involve contracts, such as claims involving breach of fiduciary duty, the Lanham Act, and deceptive practices. Will routinely prepares sale of business and employment agreements that contain restrictive covenants.
- Employment Law and Related Disputes. Will litigates nearly every employment law and employee benefits issue imaginable, including ADA, FMLA, wage/hours, FLSA misclassification, discrimination, ERISA, and executive compensation.
- Business Divorces and Shareholder Actions. Will is often hired by business owners to advise on partnership splits and, where necessary, litigate ownership disputes. Will also represents shareholders in direct and indirect actions, as well as groups in class and collective actions involving employment and consumer laws.
- Successfully obtained injunction in Florida state court on behalf of leading electrical supply company against former sales executive in connection with breach of non-solicit agreement.
- Successfully obtained injunctive relief on behalf of a national home health care agency against several former employees and their new employer in connection with claims involving trade secrets, breach of fiduciary duties, and breach of non-solicits.
- Successfully obtained substantial monetary recovery on behalf of a Florida hospital against former physician-employee who started a competing practice less than 5-miles from the hospital and solicited former patients in violation of their non-compete and non-solicit in employment agreement.
- Successfully obtained preliminary injunction in federal court in Jacksonville, Florida, on behalf of a regional bedding distributor against one of its former executives in connection with claims under the Computer Fraud and Abuse Act.
- Successfully represented an insurance sales producer by convincing prior employer, a Florida-based insurance company, that its non-compete and non-solicit agreement was unenforceable. Obtained written agreement that company would abandon any efforts to enforce the agreement against the former employee, prior to any lawsuit being filed.
- Successfully defended a medical supply company and certain sales employees of that company in a multi-state federal lawsuit, involving claims of breach of non-compete agreement and tortious interference. The opposing party, a national company, originally sought over a quarter million in damages and to enforce 24 months of a non-compete agreement against the sales employees. Prior to injunction hearing, resolved case with no damages being paid and substantially reduced and narrowed the terms of the disputed non-competes and non-solicits.
- Successfully represented multiple sales representatives and executives in lawsuits declaring non-compete and/or non-solicits unenforceable, including in Florida, Georgia, District of Columbia, New York, among other venues.
EXECUTIVES/FOUNDER CONTRACT NEGOTIATIONS
- Negotiated over 40 executive employment agreements, restrictive covenants agreements, and separation agreements on behalf of high-compensated individuals, including top sales producers, c-suite executives, and founders of companies.
- egularly represent individuals in Florida and Georgia in successfully resolving disputes with their former employers in connection with starting new business ventures or transitioning to new companies.
- Represent multiple companies in preparing executive and sales employee employment agreements and restrictive covenants, including training on policies and procedures to protect legitimate business interest.
EMPLOYMENT LAW & COMPENSATION DISPUTES
- Obtained complete defense verdict and attorneys’ fees on behalf of a national medical company against a former executive claiming unlawful discrimination in a three-day arbitration in Miami, Florida.
- Successfully resolved FLSA collective action on behalf of group of recruiters, obtaining over $300,000 in damages and fees.
- Successfully resolved unpaid commission and retaliation claims on behalf of insurance agent in West Palm Beach, Florida, obtaining over $200,000 in damages and fees.
- Successfully resolved unpaid commission and retaliation claims on behalf of recruiter in trucking industry based in Tampa, Florida, obtaining over $200,000 in damages and fees.
- Obtained a complete defense verdict in federal court through motion for summary judgment on behalf of a Florida gaming company based in St. Petersburg, Florida, in a collective action where the plaintiff alleged that the inclusion of certain employees in a tip pool violated the Fair Labor Standards Act (FLSA).
- Obtained a complete defense verdict on behalf of a national hospital management company following a two-day jury trial in Fort Lauderdale, Florida, in a case where a former employee alleged unlawful termination under the Family and Medical Leave Act (FMLA).
- Obtained a complete defense verdict in federal court through motion for summary judgment and oral argument on behalf of a hospital in Vero Beach, Florida, in a case where a former employee alleged unlawful retaliation under the FMLA.
PROFESSIONAL AND COMMUNITY INVOLVEMENT
- Contributing Author – The Fair Labor Standards Act, 2nd Edition (2014 cumulative supplement)
- Contributing Author – Employee Benefits Law, 3rd Edition (2014 cumulative supplement)
- Florida West Coast Employee Benefits Council, Board Member, Former President
- Labor & Employment Section of the Clearwater Bar Association, Former Chair
- “Advanced Tips on Drafting, Enforcing, and Defeating Restrictive Covenants” – Hillsborough County Bar Assocation, Section of Corporate Counsel – Tampa – May 17, 2017
- “Restrictive Covenants: Basically Everything You Need to Know” – Central Florida Health Underwriters – Orlando – December 20, 2016
- “The DOL’s Final Revisions to Overtime Regulations” – Nature Coast SHRM – New Port Richey – October 13, 2016
- “QDRO Drafting Bootcamp: Preparing QDROs for 401(k)s and Similar Defined Contribution Plans” – Strafford Publications Webinar – May 18, 2016
- “Best Hiring Practices” – South Florida Air Conditioning Contractors Association – Miami – April 06, 2016
- “You’re Not the Boss of Me: Regulating Employee Personal Conduct” – Tampa – October 15, 2015
- “Pay Me Now or Pay Me (More) Later – Avoiding Wage and Hour Lawsuits” – RACCA – Tampa – March 12, 2015
- “Health Care Reform: Complying with the Next Wave of Requirements and Learning to Pay or Play” – Lakeland Polk County Association of Health Underwriters – Lakeland – September 23, 2014
- “Bulletproofing Your Pre-Employment Process: An Overview of Criminal Background Checks, Credit Checks, and Drug Testing” – Tampa – September 04, 2014
- “Employee Benefits: ERISA Litigation Avoidance Made Easy” – Tampa – May 13, 2014
- “Wage, Hour, and Benefits Issues for Employers” – National Business Institute – August 21, 2013
- “Health Care Reform” – Lake Sumter SHRM – Leesburg – March 23, 2012
- “Misclassification Initiatives Spread as Florida Signs Formal Pact with DOL” – January 2015 – online Legal Blog
- “Top Three Improperly Drafted QDRO Provisions for 401(k) Plans” – Spring 2014 – Florida Bar, Family Law Section – Commentator
- “DOL Issues Guidance on ACA Exchange Notices and COBRA Election Notices” – October 2013 – Suncoast HR Newsletter
- “Cleaning Up the Mess: United Haulers, the Dormant Commerce Clause, and Transition Costs Economics” – 2009 – Columbia Journal of Environmental Law