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Marisa Rosen Dorough

Associate

Marisa Rosen Dorough represents businesses and individuals in antitrust, False Claims Act, and government enforcement cases, intellectual property disputes, labor and employment defense, and a broad range of business-related actions and arbitrations.

Featured Experience

Represented an industry-leading entrepreneurial company in a federal civil jury trial to prosecute the company's trade secret theft claims against a competitor, which also involved spoliation of material evidence by the opposing party's agents, including a former employee of our client.

2018

Obtained permanent injunction in federal court against competitor of client that designed a sophisticated scheme to prey on client's market recognition and goodwill for an important dietary supplement brand. Our client, an over-the-counter brand manufacturer, recently acquired several established health care brands. During due diligence, we identified the scheme and filed an action in U.S. District Court for trademark and trade dress infringement and false labeling. To settle the lawsuit, the defendants agreed to a permanent injunction against infringement, abandoned all markets for the competing product, assigned any rights to their infringing marks to our client and paid a confidential but substantial sum to cover our client's attorneys' fees.

2016

Successfully obtained a judgment on behalf of a financial services provider for more than $350,000 against a borrower for her misrepresentation and breach of warranties in connection with obtaining a home equity loan, which judgment is in addition to a $120,000 cash recovery negotiated in settlement with the title insurer for the current owners of the property in question.

2012

Professional Biography

Overview

Ms. Dorough practices throughout the state of Florida and has experience in federal courts across the country.

She brings significant experience for the benefit of the businesses and individuals she advises, including:

Government Regulatory Civil Litigation: She has gained antitrust litigation experience from regularly advising and defending leaders in various industries in antitrust actions brought by private parties and by state and federal authorities. In addition, Ms. Dorough represents health care providers and medical supply companies accused of violating federal laws regulating Medicare participation, particularly the False Claims Act and kickback statutes and their state law counterparts. She also represents a motor vehicle manufacturer in connection with dealer relations and distribution issues.

Intellectual Property Rights: Ms. Dorough routinely represents emerging and established businesses in protecting, prosecuting and defending their intellectual property rights, particularly in trademark and trade dress litigation, as well as instances of unfair competition, cybersquatting and false advertising.

Labor and Employment Suits: She defends employers in state and federal court in individual and collective actions alleging unpaid wages under the FLSA and Florida law. She also represents employers regularly against charges of discrimination and retaliation under federal and Florida statutes.

Business and Shareholder Disputes: Ms. Dorough regularly negotiates, mediates and litigates claims involving breach of contract, business interference torts, non-compete, non-solicitation, and non-disclosure agreements, as well as breach of fiduciary duty.

Motor Vehicle Manufacturer Relations: Ms. Dorough has experience representing motor vehicle manufacturers in their relationships with dealers, and has regularly advised a manufacturer in connection with dealer negotiations and disputes, administrative hearings, and regulatory compliance in Florida.

Prior to joining the Firm, Ms. Dorough served as a judicial intern for Magistrate Judge Thomas G. Wilson of the United States District Court for the Middle District of Florida.

Representative Matters
  • Represented an industry-leading entrepreneurial company in a federal civil jury trial to prosecute the company's trade secret theft claims against a competitor, which also involved spoliation of material evidence by the opposing party's agents, including a former employee of our client.

  • Represented a small hospital in litigation with the Department of Justice for two and one-half years against allegations of a market allocation agreement with another hospital in violation of federal antitrust laws, overseeing discovery of electronically stored information involving approximately four million documents.

  • Successfully moved a federal court to strike salacious allegations from a pleading, to stay discovery, and ultimately to dismiss a complaint brought by a whistleblower under the False Claims Act against a medical supply company for allegedly improper Medicare billing.

  • Obtained permanent injunction in federal court against competitor of client that designed a sophisticated scheme to prey on client's market recognition and goodwill for an important dietary supplement brand. Our client, an over-the-counter brand manufacturer, recently acquired several established health care brands. During due diligence, we identified the scheme and filed an action in U.S. District Court for trademark and trade dress infringement and false labeling. To settle the lawsuit, the defendants agreed to a permanent injunction against infringement, abandoned all markets for the competing product, assigned any rights to their infringing marks to our client and paid a confidential but substantial sum to cover our client's attorneys' fees.

  • Successfully obtained a judgment on behalf of a financial services provider for more than $350,000 against a borrower for her misrepresentation and breach of warranties in connection with obtaining a home equity loan, which judgment is in addition to a $120,000 cash recovery negotiated in settlement with the title insurer for the current owners of the property in question.

  • Secured an order dismissing with prejudice a federal lawsuit by a competitor against a national baggage delivery company brought under the Sherman Act, the Clayton Act and Oregon state laws, alleging monopolization, collusion in restraint of trade, and fraud.

Professional Honors & Activities
  • Named a Rising Star in the area of Business Litigation by Florida Super Lawyers (2016 – 2019)
  • American Bar Association
  • Central Florida Association of Women Lawyers
  • Federal Bar Association
    • Federal Judicial Relations Committee, Middle District of Florida, Young Lawyers Representative (2011)
  • The Florida Bar
    • Chair, Pro Bono Committee, Business Law Section of The Florida Bar (2018 – 2019)
  • Orange County Bar Association  
    • Sub-Committee Chair for Business Litigation, 2018 Bench Bar Conference
Publications

Education

  • University of Florida Levin College of Law, J.D., 2009
    • Member, Florida Law Review
  • Duke University, B.A., 2006

Admissions

  • Florida, 2009
  • U.S. District Court, Northern, Middle and Southern Districts of Florida
  • U.S. Bankruptcy Court, Middle and Southern Districts of Florida

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