David L. Gay

David is a partner on the firm’s Dispute Resolution and Business Reorganization Teams. His practice includes a wide range of litigation matters in both federal and state courts, with significant experience in insolvency and restructuring matters, secured transactions, shareholder and partnership disputes, real property disputes, and collection matters. He has successfully “first-chaired” cases at the trial and appellate levels.

David has been selected by his peers for recognition in The Best Lawyers in America®, and as a Florida Super Lawyer since 2009.

David is an active member of the Business Law Section of The Florida Bar, serving on a number of committees, including the Florida Bar Committee studying revisions to Florida’s Uniform Fraudulent Transfer Act. He also volunteers with the CARE (Credit Abuse Resistance Training) Program and the Dade Legal Aid Put Something Back Pro Bono Project.

Prior to attending law school, David served as a Military Intelligence Officer in the United States Army.

J.D., cum laude, University of Florida Frederic G. Levin College of Law

• Moot Court Board
• University of Florida Association for Law & Business, Co-founder and Vice President

B.S.B.A. in Finance, University of Florida

U.S. Bankruptcy Courts, Southern and Middle Districts of Florida
U.S. Court of Appeals, Eleventh Circuit
U.S. Supreme Court

Dispute Resolution
Business Reorganization

Bankruptcy Litigation
Bankruptcy/Restructuring
Complex Commercial Litigation
Complex Fraud & Securities Litigation
Construction Litigation
Director/Officer Litigation & Partnership Disputes
Intellectual Property
Real Estate Litigation

• General counsel to the Trustee in the Rothstein, Rosenfeldt & Adler law firm Pozni scheme case, reported to be the largest in Florida history, involving over a hundred adversary proceedings and related litigation and resulting in recoveries sufficient to pay all general unsecured claims in full.
• Counsel for Winn-Dixie and 23 affiliated companies in the successful restructuring of over $2 billion in liabilities.
• Counsel to Jeffrey Soffer in litigation involving the Fontainebleau Las Vegas Hotel and Casino.
• Trial counsel to Duke Energy in trial and post-appellate proceedings involving complex tax credit programs regarding alternative fuels.
• Counsel to TransUnion Risk and Alternative Data Solutions in enforcement action regarding $154 million purchase of intellectual property in bankruptcy Section 363 sale resulting in favorable verdict at trial, including costs.
• Counsel to the Trustee in the Universal Health Care bankruptcy in a multi-million dollar breach of fiduciary duty and avoidance litigation against the a private equity fund.
• Counsel to the Liquidating Trustee in TOUSA Homes, Inc. and its affiliated debtors regarding successful resolution of more than a hundred million dollars in claims.
• Counsel to leading regional hospitality company regarding various governance, litigation and transactional matters.
• Counsel to creditors committee in bankruptcy case involving renowned condominium tower development, including successful challenge to proposed reorganization plan at contested confirmation hearing.
• Counsel to national clothing store company in bankruptcy case, including resolution of various leasing and litigation issues.
• Counsel to World Fuel Services in bankruptcy cases of marine fuel supply companies.
• Counsel to international finance company in replevin and enforcement action.
• Counsel to senior living facility operator regarding enforcement of covenants and related agreements.
• Counsel to defendants in fraudulent transfer litigation involving complex trust and related issues and resulting in favorable ruling on a matter of first impression in Florida bankruptcy courts.
• Counsel to owners of preconstruction residential real estate owners alleging breach of contract by a developer.
• Trial counsel to real estate purchaser regarding enforcement of purchase and sale agreement – obtained favorable judgment for specific performance, equitable accounting and an award of fees and costs after 4½ day trial.
• Counsel to the plan proponent in the reorganization of the largest hotel in Pittsburgh, involving $80 million in claims and contested matters against the secured lender, a global hedge fund.
• Representation of partner in dispute involving a signature Northeast Florida waterfront retail center.
• Trial counsel to real estate developer in successful defense of foreclosure and related proceedings at trial and appellate level.
• Representation of lenders in loan workout, modification and enforcement proceedings.

• The Best Lawyers in America®, 2017-2019
• Florida Super Lawyers, 2013-2018
• Florida Super Lawyers, Rising Star, 2009, 2011-2012

• Member of the American Bankruptcy Institute, Federal Bar Association, Florida Bar Association and the Business Law Section of The Florida Bar
• Graduate, Leadership Miami – Class 2013
• Coach/Judge - Duberstein Bankruptcy Moot Court Competition

Thirty Berger Singerman Attorneys Recognized in the 2019 Edition of Best Lawyers In America
August 14, 2018

Thirty-One Berger Singerman Attorneys Recognized in 2018 Edition of Florida Super Lawyers
June 17, 2018

Thirty Berger Singerman Attorneys Recognized in the 2018 Edition of Best Lawyers In America
August 14, 2017

Thirty-Two Berger Singerman Attorneys Recognized in the 2017 Super Lawyers Florida Edition
June 8, 2017

Thirty-Six Berger Singerman Attorneys Recognized in the 2016 Super Lawyers Florida Edition
June 13, 2016

Doing Business in Florida, "Equitable Lien on Homestead Upheld"
May 10, 2017

Doing Business in Florida, "Court Upholds Judgment Creditor's Execution on Rarely Sought Asset – a Judgment Debtor's Interest in an Unrelated Lawsuit"
October 20, 2016

David Gay, Speaker, "Debtor, Creditor, and Bankruptcy Law," for The Florida Bar Continuing Legal Education Seminar
2017

David Gay, Speaker, "Mastering the Deposition: A Critical Skills Workshop" for Co The Florida Bar Continuing Legal Education Seminar
2017

David Gay, Speaker, "Avoiding Collateral Damage: An In Depth Look at Article 9 of the Uniform Commercial Code" for The Florida Bar Continuing Legal Education Seminar
2018

Equitable Lien on Homestead Upheld
May 11, 2017

• Smith Hulsey & Busey
• United States Army