Mr. Sell is an experienced business litigation attorney who has been helping clients solve a large variety of business problems in the courtroom and the boardroom for more than two decades. He has extensive experience in preparation for trial of complex commercial and business cases in both state and federal courts. His experience ranges from representation of small to medium size companies with commercial disputes to representation of larger businesses and financial institutions. On the business side, he also provides counsel to boards, in-house counsel and top executives. His cases have included all types of commercial and business disputes, including employment discrimination, contract and non-competition matters, and disputes involving fraud, embezzlement, employee defalcation, environmental issues, contracts, trade secrets, copyrights, trademarks, healthcare, false claims/qui tam, purchase and sale of real estate and business and partnership issues, mortgage foreclosure and lender liability claims.
As the lead attorney in complex commercial litigation matters, Mr. Sell works closely with his clients to evaluates cases and develop appropriate strategies to meet the client’s goals. He has served as local counsel to law firms from throughout the United States as well as presidents, chief executive officers, chief financial officers, general counsel, boards of directors, human resource directors and owners of various business entities. Significant cases include:
- State Farm v. Adventist Health System - Obtained dismissal of action to declare No-Fault Law unconstitutional and to recover millions of dollars of PIP claims paid since 2004.
- Obtained dismissal of partially sealed False Claim and Qui Tam action against defense contractor.
- Mason & ECDI v. WCF – Obtained dismissal of action alleging fraud, tortuous interference with advantageous business relationships and conversion.
- Stalley v. Adventist Health System - Obtained dismissal of federal complaint with prejudice.
- Adventist Health System v. PSI – Settlement of federal action for breach of contract for purchase of health care facility.
- Adventist Health System v. Housecall - Settlement of breach of contract for purchase of health care facilities.
- U.S.A. v. Workforce Central Florida - Settlement of False Claims and Qui Tam action seeking damages in excess of $20.0 million.
- Estate of Simpson - Probate, civil and appellate litigation regarding the transfer of corporate stock and the exercise of an option to purchase real estate.
- Family Dynamics v. Lennar – Settlement of suit to terminate Joint Venture Agreement involving the development of 1,300 acres in Lake County, Florida.
- Foundation of Osceola v. Remington – Settlement of civil and appellate litigation defending Charter School from foreclosure and collection of damages to satisfy special assessment liens.
- Workforce Central Florida v. Foundation – Obtained declaratory judgment that tenant had the legal right to terminate written lease without further liability.
- Workforce Central Florida v. Agency for Workforce Innovation – Settlement of administrative action contesting disallowed costs under federal grants.
- Westbrook v. Dep’t. of Corrections, Case No. 5:98 CV 101 SPM, U.S. District Court, Northern District of Florida – Obtained defense verdict of disability discrimination claim.
- Toyota Tsusto of America v. JPTC, Case No. 93-111-CIV-ORL-19, U.S. District Court, Middle District of Florida – Settlement and recovery of $50 million breach of contract claims and dismissal of counterclaims.
- Florida Hospital v. Mathews, Case No. CI 97-006623, Circuit Court, Orange County, Florida – Recovery of more than $9.0 million in employee defalcation case and defense and settlement of $13.0 million breach of contract and fraud claims.
- Standard Motor Products, Inc. v. Kruzepaintner, Case No. CI 99-10206, Circuit Court, Orange County, Florida – Defense and settlement of covenant not to compete claim.
- Business Software Alliance v. Harbor Insurance – Settlement of pre-suit copyright infringement claims.\Superchips v. PDQ, Case No. 6:00 CV-1067-ORL-31-A, U.S. District Court, Middle District of Florida – Defense and settlement of copyright infringement claims regarding computer software.
- Loggerhead Turtle v. Volusia County – Civil and appellate environmental litigation regarding beach driving and the protection of sea turtles.
- Hunt v. Job, Case No. 99-14356-CIV-PAINE, U.S. District Court, Southern District of Florida – Defense and settlement of sexual discrimination claim.
Presentations
- Prepare Your Workplace for New Liability risks Posed by Workplace E-Mail and Internet Usage – Personnel Law Update 2000, Council on Education in Management (2000)
- Non-Compete and Non-Solicitation Agreements and Trade Secrets (1999) (2000)
- Traveling Down the Information Superhighway on E-Mail: How to Avoid a Fatal Head On Collision (1999)
- Top Ten Ways To Lose a Non-Compete Case and Your Customer/Client Base (1998)
Activities and Memberships
- Graduate, Leadership Orlando
- Economic Development Commission of Mid-Florida
- Partner in Education, Orange County Public Schools