Michael L. Duncan

Michael L. Duncan

Shareholder

Areas of Practice

Mr. Duncan represents businesses and individuals in complex commercial disputes, including class actions, contract litigation, fraud litigation, bank and finance litigation, real estate litigation, intellectual property litigation, business litigation, non-compete litigation, trade secret matters, bankruptcy and creditors’ rights and appeals. His practice has included representation of lenders and loan servicers in matters involving FDCPA, TILA, RESPA, ECOA and FCRA claims. His practice also includes asset recovery, workouts and litigation of claims associated with commercial loans. He is AV-rated by Martindale-Hubbell.

Mr. Duncan presently holds the highest rating from Martindale Hubbell, a national attorney rating service. Florida Trend magazine also has named him as one of Florida’s Legal Elite.

Notable Client Work

Mr. Duncan has prosecuted and defended litigation matters involving a variety of issues, including contract disputes, construction and construction lien matters, lending and real estate disputes, commercial torts (including fraud and tortious interference claims), corporate and partnership control and governance disputes, trade secret and trademark disputes, franchise agreement disputes, insurance coverage disputes, debt collection, non-compete agreement disputes and employment issues.

Mr. Duncan has handled countless disputes for clients in state courts, and has represented clients in more than 100 federal court cases. Examples of successful outcomes he has helped clients to achieve are:

  • Dismissal of an alleged class action brought in federal court involving claimed violations of TILA and Florida Deceptive and Unfair Trade Policies Act;
  • Voluntary dismissals of defendant clients from putative class actions following aggressive motions to dismiss and other procedural strategies;
  • Summary judgment for defendant clients in federal court plus a $25,000 sanction award against opposing counsel for filing frivolous claims;
  • Emergency or preliminary injunctive relief in multiple trademark infringement cases prosecuted in federal court;
  • Successfully represented clients in several cases involving allegations of breaches of non-competition agreements, including matters requiring emergency requests for immediate injunctive relief to protect against violations of non-compete agreements and protection of trade secrets;
  • Represented clients in various fraud, contract and breach of fiduciary duty matters resulting in client recoveries in excess of $1,000,000 in each case;
  • Prosecuted fraud and breach of contract action in federal court which, along with timely intervention in a related probate case in state court, led to a six-figure recovery for client.

Published Cases

  • Hughes v. InMotion Entertainment, 2008 WL 3889725, (W.D. Pa. Aug 18, 2008)
  • Drury v. Countrywide Home Loans, Inc., 2008 WL 4642381 (M.D.Fla. Oct 17, 2008) and 2008 WL 2131977 (M.D. Fla. May 21, 2008)
  • Farrell v. G.M.A.C., 2008 WL 1766909, (M.D.Fla. Apr 15, 2008)
  • Labor Ready Southeast, Inc., v. Australian Warehouses Condominium Association, 962 So.2d 1053, (Fla. 4th DCA 2007)
  • Poole v. People's Choice Home Loan, Inc., 2007 WL 865526, (M.D.Fla. Mar 21, 2007)
  • Murphy v. Cimarron Mortgage Co., 2007 WL 294229, (M.D.Fla. Jan 29, 2007)
  • Callahan v. Countrywide Home Loans, Inc., 2006 WL 2993178, (N.D.Fla. Oct 20, 2006) and 2006 WL 1776747, (N.D.Fla. Jun 26, 2006)
  • Belin v. Litton Loan Servicing, LP, 2006 WL 2061340, (M.D.Fla. Jul 17, 2006)
  • Alexander v. America Online, Inc., 2000 WL 33321250, 17 IER Cases 1000 (M.D. Fla. November 22, 2000)
  • Southeast Florida Cable, Inc., v. Martin County, Fla., 173 F.3d 1332 (11th Cir. 1999)

Publications

  • Co-author, Chapter 1, Introduction to Federal Practice, "Federal Civil Procedure Before Trial – 11th Circuit" (Lawyers Cooperative Federal Practice Guide, West Group 1998).

Bar Admissions

  • Florida, 1995

Court Admissions

  • U.S. Supreme Court
  • U.S. District Court, Northern District of Florida
  • U.S. District Court, Middle District of Florida
  • U.S. District Court, Southern District of Florida
  • U.S. District Court, District of Colorado
  • U.S. District Court, Northern District of Indiana
  • U.S. District Court, Eastern District of Wisconsin
  • U.S. Circuit Court of Appeals, 11th Circuit
  • U.S. Circuit Court of Appeals, 3rd Circuit

Professional Memberships and Activities

  • The Florida Bar (Member of the Business Law Section)
  • American Bar Association (Member of the following ABA sections: Torts Trial and Insurance Practice Section, Section of Litigation)
  • Federal Bar Association
  • Jacksonville Bar Association
  • American Inns of Court (Chester Bedell Chapter)
  • Independent Living Resource Center for N.E. Florida (Board of Directors, 2001-2005)
  • Jacksonville Business Journal “Up and Comers” Honors - Top 40 Under 40 In Business (2003)

Prior Professional Experience

  • Akerman Senterfitt, equity shareholder (2001-2008)