David C. Borucke

Mr. Borucke has over nineteen years of appellate experience and has handled appeals in each of the five Florida District Courts of Appeal, the Florida Supreme Court, the federal Eleventh Circuit Court of Appeals, and the United States Supreme Court.

Recently published opinions include: Brevard Orthopaedic Spine & Pain Clinic. v. Health First Medical Management, Inc., - So. 3d -, 2014 WL 178809 (Fla. 5 th DCA Feb. 24, 2014) (affirmance of order denying attorney disqualification and setting forth test for contingent award of prevailing party appellate attorney’s fees); Central Square Tarragon LLC v. Great Divide Ins. Co., 82 So.3d 911 (Fla. 4 th DCA 2011) (obtained reversal of adverse jury verdict in dispute over insurance proceeds arising out of property damage caused by hurricane Wilma); Vargas v. Enterprise Leasing Co., 60 So.3d 1037 (Fla. 2011) (obtained favorable decision in personal injury lawsuit involving questions of federal preemption of state strict liability laws); Danner Construction Company v. Hillsborough County, Florida, 608 F.3d 809 (11 th Cir. 2010) (obtained reversal of order denying motion to dismiss in antitrust lawsuit involving waste management franchises); Stahl v. New World Communications of Tampa, Inc., 22 So.3d 553 (Fla. 2d DCA 2009) (obtained favorable decision for Fox News affiliate in defamation lawsuit).

Mr. Borucke’s litigation experience also includes complex commercial litigation, with a focus on antitrust and trade regulation. He has extensive experience defending against claims brought under Sections 1 and 2 of the Sherman Act, Section 7 of the Clayton Act, those alleging unfair and deceptive trade practices; and equivalent state laws. He practices on the defense of intellectual property claims (including Lanham Act and common law trademark and copyright infringement claims, unfair and deceptive trade practices claims, trademark counterfeiting, dilution and false origin, false advertising and related state and federal claims).

Mr. Borucke also has experience assisting both U.S. and international clients with regulatory and compliance matters. Experience includes reviewing proposed mergers, acquisitions, joint ventures, and licensing agreements for antitrust implications; assisting clients through the Hart-Scott-Rodino premerger notification process, including “second requests” issued by the DOJ and FTC; and work on supplier/distributor disputes, including dealer termination and Robinson Patman Act disputes. His experience includes creating and implementing tailored compliance programs related to antitrust, consumer protection, unfair and deceptive trade practices, and health care. Seminars conducted include: “antitrust and intellectual property,” “the antitrust pitfalls of federal contract teaming arrangements,” and “antitrust basics for litigators.”

Mr. Borucke graduated with honors from the Washington College of Law, at the American University, where he was a member of the law review. He received his undergraduate degree from the University of Virginia, where he was a member of the distinguished majors program in English literature.