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D. PorpoiseEvansPartner


Porpoise is a partner in the Firm’s Labor & Employment and Litigation Divisions. His practice focuses on the representation of public and private companies in connection with employment matters, government investigations, and legal disputes.

Clients look to Porpoise for his ability to obtain creative resolutions while minimizing risk. He regularly handles employment disputes on behalf of his clients in matters arising under federal, state, and local laws, such as wage and hour, discrimination and contract claims, alleged violations of the Americans with Disabilities Act, the federal Occupational Safety and Health Act, and the Fair Housing Act, as well as charges before the U.S. Equal Employment Opportunity Commission and the Florida Commission on Human Relations.

For clients with interests abroad, Porpoise conducts in-market risk assessments and designs and implements anti-bribery/anti-corruption programs for multinational companies subject to the Foreign Corrupt Practices Act (FCPA), with an emphasis on compliance initiatives in sub-Saharan Africa. He also has extensive experience in securities litigation, including Financial Industry Regulatory Authority arbitration’s.

Professional & Community Involvement

  • The Florida Bar
    • Entertainment Arts and Sports Law Section, Executive Council Member, 2014 – present
  • National Bar Association, Commercial Law Section, 2007 – present
  • American Bar Association
    • Co-Chair, Africa Committee, 2017-present
  • American Bar Foundation, Fellow, 2019-present
  • The Florida Bar Foundation, Fellow, 2015-present
  • Gwen S. Cherry Black Women Lawyers Association, 2018 – present
  • Advisory Board, University of Miami School of Law Center for Ethics and Public Service, 2003 – present
  • Board of Directors and Executive Committee Member, Legal Services of Greater Miami, Inc., 2011 – present
  • Brown University Alumni Schools Committee, Southeast Regional Director/Area Chair, 2001-2019
  • Mentor, John W. Kozyak Minority Law Student Mentoring Program, 2002-2018
  • Past Secretary, Wilkie D. Ferguson, Jr. Bar Association, 2004

Awards & Recognition

  • Rated, AV® Preeminent 5.0 by Martindale-Hubbell
  • Best Lawyers in America®
    • Employment Law-Management, 2019-present
    • Litigation-Labor and Employment, 2019-present
  • South Florida Legal Guide
    • Top Lawyer, Securities, Litigation & Arbitration, 2016-2019
    • Labor & Employment, 2016-2019
    • Top Up and Comer, 2013-2014
  • Legal Luminary, Dade County Bar Association – Top Labor & Employment Attorney, 2016, 2017
  • Florida Super Lawyers®, 2013-present (Rising Star, 2009-2010; 2012)
  • Florida Trend’s Florida Legal Elite
    • Labor and Employment, 2015-present
    • Commercial Litigation, 2013
  • Fellow, Wm. Reece Smith, Jr. Leadership Academy, Class II, 2014-2015
  • Higginbotham Fellow, American Arbitration Association, 2013
  • Employment Practice Group of the Year, Law360, 2011 and 2013
  • “Legacy Legal Leader,” Legacy Miami and The Miami Herald, 2012
  • “40 Under 40 – Outstanding Lawyer of Miami,” The Cystic Fibrosis Foundation, 2009
  • Inaugural “Community Advocacy Award,” Dade County Bar Association, Put Something Back Program, May 2009

Clerkships

  • Miami-Dade County Public Defender’s Officer, Certified Legal Intern
  • The Honorable U.S. Magistrate Judge John J. O’Sullivan, Summer Intern

Admissions

Florida, 2002


U.S. Court of Appeals 11th Circuit, 2003


U.S. District Court for the Southern District of Florida, 2002


U.S. District Court for the Middle District of Florida, 2003


U.S. District Court for the Northern District of Florida, 2003


U.S. District Court for the Eastern District of Michigan, 2017

Education

University of Miami School of Law, J.D., 2002, Order of the Coif


Brown University, A.B, 1999

Representative Experience
  • Obtained $1.4 million jury verdict for foreign company whose corporate jet had been refurbished in a manner that nearly rendered it unusable.
  • Conducted market-based risk assessment for foreign subsidiaries of global telecom distributor and on-site training of personnel during implementation of enhanced compliance program.
  • Assisted foreign subsidiary of major retailer in implementation of enhanced compliance program, including due diligence, financial controls, and employee training on policy/procedures.
  • Represented international engineering firm before the Securities and Exchange Commission and Department of Justice in connection with FCPA investigation.
  • Defended major accounting firm in action brought by investors for alleged violations of GAAS, GAAP, aiding and abetting audit client’s breaches of duties and related claims.
  • Counseled and defended municipalities and commercial landlords, affordable housing developers, hotels, restaurants and retail stores against claimed violations of Titles II and III of the Americans with Disabilities Act and the Fair Housing Act.
  • Defended international broker-dealer against actions brought by public employee pension funds for breach of fiduciary duty, fraud and negligence.
  • Defended international banking institution against claims of fraud, racketeering and civil conspiracy.
  • Defended international and regional broker-dealers against hundreds of actions brought by individual investors in arbitration and federal courts.
Presentations
  • Presenter, COVID-19 Updates for Practitioners, Hispanic National Bar Association, April 2020
  • Panelist, “Effective Legal Activism,” United States District Court, Southern District of Florida, Black History Month Program, February 2020
  • Lecturer, “FLSA for Paralegals,” South Florida Paralegals Association, January 2020
  • Lecturer, “2020 Employment Law Changes and Common Pitfalls,” ADP South Florida User Conference, January 2020
  • Panelist, “Modern Issues in Housing and Employment,” 30th Annual National Bar Association Wiley Branton Symposium, October 2019
  • Moderator, “Looking to Plant Seeds Abroad?” ABA International Startup and Emerging Companies Forum, September 2019
  • Lecturer, Anatomy of an Employment Lawsuit,” Greater Miami Chapter of the Society for Human Resource Management, May 2019
  • Panelist “Religious Discrimination Issues,” National Employment Law Council Corporate Counsel Seminar, April 2019
  • Speaker “HR Challenges in the #MeToo Era,” International Association of Commercial Collections Annual Conference, January 2019
  • Panelist, “Access to Justice Issues in the U.S. and Africa,” Nigerian Bar Association Annual Conference, August 2018
  • Moderator, “Current Issues in Anti-Corruption Enforcement,” ABA Regional Africa Forum, May 2018
  • Panelist, “Human Resources and Employment Matters,” 10,000 Small Business – Legal Clinic, April 2016
  • Lecturer, “Legal Consultation Breakout Session,” 10,000 Small Business – Legal Clinic, April 2016
  • Speaker, “ADA, FMLA, and Workers’ Compensation Seminar,” Sterling Education Services, March 2016
  • Speaker, “Legal Issues for Non-Profit Leaders,” Brigade Bookkeeping, January 2016
  • Panelist and Moderator, Arbitration and Anti-Corruption Forum, Ghana Bar Association, July 2015
  • Presenter, 7th Annual “Hiring & Terminating: The Ins and Outs of Employment Law” Sterling Education Services, October 2014
  • Panelist, “Off-The-Clock Claims Arising from Employee Use of Mobile Devices and Remote Work Access,” American Conference Institute’s National Forum on Wage & Hour Claims and Class Actions, January 2014
  • Lecturer, “FINRA Arbitration – The Defense Perspective,” Securities Litigation Clinic, University of Miami, 2013 and 2015
  • Moderator, “Is the Web Accessible?,” Social Media and the Law Symposium, University of Miami Law Review, February 2013
  • Panelist, “The Cost of Human Trafficking,” American Bar Association Labor and Employment Law Section Annual Conference, November 2012
  • Lecturer, “How to Prepare a FINRA Arbitration Case,” Securities Litigation Clinic, University of Miami, March 2012
  • Panelist, “Pro Bono: Benefiting the Community and Enhancing Your Career,” University of Miami School of Law, 2011-2012
  • Panelist, Independent Film and the Law Seminar – “Protecting Against Intellectual Property Claims,” Jacksonville Film Festival, October 2011
  • Presenter, “Updates to ADA Regulations and Case Law,” Greenberg Traurig In-house CLE, 2010
Publications
  • Contributing Author, International Law Section/Africa Committee — Year In Review, American Bar Association, 2015-2019
  • Co-Author, “Extraterritorial Application of U.S. Laws: Foreign Corrupt Practices Act,” International Labor & Employment Laws, American Bar Association Section of Labor & Employment Law, 2009-2019
Press Mentions

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