Gavin N.L. White Partner

     

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Gavin White focuses his practice on commercial litigation and professional malpractice defense, with an emphasis on representing accountants and in handling cases involving fraud. Gavin’s experience with fraud matters include undue influence claims, representing insurance companies facing fraudulently submitted claims, and leading investigations for banks and financial institutions faced with borrower fraud.  He also has experience defending professionals from board complaints against their licenses. In addition, Gavin helps clients protect their intellectual property portfolios from infringement. For more than 17 years, Gavin has handled cases across the state of Florida, including crossover matters that originate in Mexico.

Prior to joining Wilson Elser, Gavin headed the Miami office of a full-service litigation and business law firm providing a comprehensive range of services to a wide variety of clients, such as acting as local counsel to a Mexican insurer on multinational coverage and fraud issues; representing insurance companies in litigation and investigations, including provider fraud in No-Fault claims; and leading special investigations into fraudulent first-party property claims fabricated by independent adjusters. Gavin also has extensive trial experience in product liability actions and complex commercial foreclosures.

Areas of Focus

Commercial & Insurance Fraud/Investigations
Fraud, the act of gaining advantage through the use of deception, can take many forms in the commercial setting. Gavin has developed a specialty practice in this area, including taking part in the activities of all types of special investigation units (SIUs). He handles bribery, corruption and extortion cases that may include false invoicing and fraudulent insurance claims; matters for auto carriers and large insurers; aviation fraud; high-end jewelry theft investigations; and numerous cases involving medical providers submitting fraudulent bills to auto insurers. Gavin represented an international carrier in a dispute with lienholders who claimed to be the additional insurers under an aviation policy, including an investigation into fraud at the underwriting level. Of particular importance in our interconnected world, Gavin has gained in-depth knowledge of the Internet of Things (IoT) and has developed discovery strategies to use interconnected technology to uncover and prove fraud.

Professional Liability
Gavin works with prominent accountants, attorneys and real estate professionals, and their professional liability insurers, in defending malpractice suits. Gavin’s work for accountants includes helping to guide them through the process of responding to subpoenas that may be designed to bring the accountant into a litigation, and defending malpractice and breach of fiduciary duty claims. He represents design professionals through all phases of construction litigation and counsel, including contract negotiations and interpretations, claims avoidance and risk management through litigation, arbitration, alternative dispute resolution and appeals. Additionally, Gavin represents insurance agents and brokers with respect to E&O issues including reporting delays, forms submissions, lien holder disputes and fraud investigations. Bolstering his considerable experience, Gavin is able to engage the vast resources of a full-service firm, frequently collaborating with counterparts in related disciplines.

Commercial Litigation
Gavin provides strategic defenses to large, well-established enterprises and small, entrepreneurial organizations, demonstrating equal finesse in meeting client objectives through arbitration and other types of dispute-resolution methods. He is adept at handling delicate negotiations among firmly entrenched parties, providing clear-headed advice and a range of options. He also has handled high-value shareholder disputes. Wilson Elser enables Gavin to provide clients with what is in effect an integrated national litigation team with deep resources and a national footprint to handle large, multijurisdictional and complex cases expeditiously and cost effectively.

Intellectual Property
Gavin assists clients across all industries, from start-ups to multinational corporations, in defending their intellectual property matters. This practice area benefits from Wilson Elser’s depth of related knowledge and ability to draw on the vast resources of a national firm with more than 800 attorneys and 37 offices.

Representative Matters

Represented the world’s largest supplier of interlayer for hurricane glass alleged to have provided inherently defective product that breached the express warranties provided by the manufacturer. A three-week jury trial resulted in a defense verdict and a fee award to the supplier in excess of $750,000.

Defeated all claims by minority owners in a shareholder action against a renowned French restaurant in Coral Gables, Florida.

Lead counsel in fraud actions involving fraudulent billing for medical services, including successful prosecution of civil RICO claims against clinic owner billing for MRIs it did not even have the ability to perform with the technology owned by the provider.

Obtained involuntary dismissals of all claims against a delivery nurse who allegedly caused organic brain damage while delivering a baby after the OBGYN refused to deliver the child.

Helmed the investigation of the insured’s fabrication of flight logs associated with an airplane that crashed in Mexico, and negotiated the resolution of all claims asserted by the lienholders.

Successfully argued motions for summary judgment, asserting that radiology technician was not licensed, as a matter of law, and therefore all services rendered were non-compensable under Florida’s No-Fault statute.

Uncovered scheme by “straw man” short sale buyers to defraud lender into conveying commercial properties to them in foreclosure action when said buyers were secretly the agents of the defaulting borrowers.