Mastering the Art of Negotiation: Insights from RumbergerKirk’s Associate College
During this month’s Associate College luncheon, Dan Gerber and Rebecca...
Dan Gerber helps solve complex legal problems for businesses in many areas. He serves as outside General Counsel to the Greater Orlando Aviation Authority, the organization which operates Orlando International Airport. This assignment has strengthened Dan’s ability to represent clients in business and litigation matters. He also represents clients in the areas of toxic tort, class actions, commercial litigation, product liability and governmental affairs. Dan handles complex cases in state and federal courts throughout the United States, having brought cases to successful resolution by trial or settlement in the federal and state courts of more than fifteen states.
In 2009 and 2016, Dan was nominated to serve as a justice on Florida’s Supreme Court by the Florida Supreme Court Judicial Nominating Commission. Although not selected to serve, Dan remains one of the few practicing attorneys nominated to Florida’s highest court.
Dan represents manufacturers of chemical products in claims alleging injury from chemical exposure. Included among his clients are national manufacturers of pharmaceuticals, dietary supplements, pesticides and industrial chemicals as well as pest control companies. His experience includes cases involving manufacturers, distributors and sellers of benzene, toluene, polyvinyl chloride, polyethylene, chlorpyrifos, petroleum products, chlorinated hydrocarbons, ammonia, and adhesives.
He has significant experience representing clients in class actions, consumer fraud, and civil racketeering claims. He handles complex commercial litigation cases including those arising from manufacturer-dealer relationships, contract disputes and construction related matters. In commercial litigation trials, Dan acts as lead counsel in cases in which the amount in controversy exceeds $10 million. He also defends manufacturers of a variety of products including surgical instruments, mattresses, medical devices and household appliances.
Government regulators are sometimes involved in issues involving his clients, so Dan represents clients before the Florida Attorney General and the Florida Commissioner of Agriculture and Consumer Services. He also represents clients before other governmental agencies at the local and statewide levels. He litigates statewide reapportionment matters under the Voting Rights Act and he also leads independent investigations on behalf of government agencies.
Dan was featured in the 2007 National Law Journal‘s “Winning Section” in which ten top litigators were selected from a multitude of nominations from around the United States. Each attorney was selected by having at least one significant win–either a bench or jury verdict in the preceding 18 month period. Having a track record of significant victories over the last several years was also one of the criteria for being selected to “Winning.” In 2002, National Law Journal recognized Dan as one of the country’s top forty litigators under the age of forty.
Dan was also selected by former Attorney General Bill McCollum to serve as one of two private attorneys on the State of Florida Legal Advisory Panel in response to the BP oil spill. He has also been asked to testify before the Florida House of Representatives and the Florida Senate as a subject matter expert on various topics.
790 So. 2d 1158 (Fla. 5th DCA 2001)
Homeowners sued the client, a pest control company, for “ stigma” damages arising from the treatment of their home for termites although the damage to the home had been repaired by the pest control company. Appeal followed a $300,000 verdict for the Plaintiffs. The appellate court reversed the jury verdict finding that “stigma” damages were not recoverable and that damages were limited to repair and replacement or diminution of the home’s value. In post appellate motions, the client sought and won recovery of its attorneys fees from the Plaintiffs.
Hillsborough County jury rejected a $10 million claim for past and future termite damage repair costs. The jury found in favor of RK’s client, Orkin, on all counts. The Plaintiff also sought $30 million under the “Florida Civil Remedies Act,” and, through counsel, had announced an intention to seek $100 million in punitive damages.
University of Florida College of Law — J.D., 1988
University of Florida — B.A., Political Science, 1985