Jeffrey S. Haut is an Associate in the Litigation Department at McDonald Hopkins. He is a part of the firm's Appellate, Commercial Litigation, and Data Privacy and Cybersecurity.
Jeffrey has a comprehensive trial and appellate practice focused on counseling large corporate clients, non-profits, governmental entities, and individuals through a broad range of state and federal litigation matters.
Jeffrey practices principally in the areas of business and commercial litigation, including complex “bet the company” litigation matters, cases involving contractual disputes, breaches of promissory notes and personal guarantees, trade secrets and non-competition agreements, and shareholder and partnership disputes. Additionally, Jeffrey has represented clients in construction and bonding, real property and zoning, condominium, and employment litigation matters.
Jeffrey also has experience defending municipalities in 42 U.S.C. § 1983 civil rights claims, bringing and defending eminent domain and inverse condemnation actions under the United States and Florida Constitutions, securities litigation and FINRA arbitration, class action defense, and defending various forms of negligence and personal injury claims.
In the data privacy and cybersecurity arena, Jeffrey assists clients with data security incident response, together with representation in class action and other litigation matters arising from data breaches, cybersecurity incidents, real estate closing and wire transfer fraud, business email compromise schemes, and alleged violations of state and federal data privacy statutes. Jeffrey previously served as an intern for the Center for Applied Cybersecurity Research at Indiana University. Jeffrey is also a published scholar in the area of international voluntary cybersecurity frameworks, and he has spoken both locally and nationally on a variety cybersecurity and privacy law topics.
Jeffrey holds an AV Preeminent® Peer Review Rating from Martindale-Hubbell®. Prior to joining McDonald Hopkins, Jeffrey practiced in the West Palm Beach office of a large, international law firm.
Representative Cases & Matters
United States Supreme Court
- As Counsel of Record, opposed pro se (unrepresented) petitioner’s timely-filed petition for review of Final Judgment of Dismissal in 42 S.C. § 1983 civil rights lawsuit filed against various current and former officers of municipal police department. Reported as: Topa v. Kerbs, et al., 140 S. Ct. 939, 205 L. Ed. 2d 525 (2020).
Supreme Court of Florida
- Prepared jurisdictional briefs opposing petitioner’s request to accept review of Abu-Khadier City of Fort Myers, 312 So. 3d 975 (Fla. 2d DCA 2020) and Abu-Khadier v. City of Fort Myers, 313 So. 3d 704 (Fla. 2d DCA 2020) based on alleged “express and direct conflict” with Keshbro v. City of Miami, 801 So. 2d 864 (Fla. 2001).
Florida District Courts of Appeal
- Drafted answer briefs on behalf of municipality in related inverse condemnation appeals, holding that nuisance exception under Keshbro v. City of Miami applied to landowner’s claims and precluded entitlement to compensation under Florida Constitution and United States Constitution following one-year closure of landowner’s grocery store pursuant to nuisance abatement board Reported as: Abu-Khadier v. City of Fort Myers, 312 So. 3d 975 (Fla. 2d DCA 2020) and Abu-Khadier v. City of Fort Myers, 313 So. 3d 704 (Fla. 2d DCA 2020).
- In consolidated appeals raising First and Second Amendment issues, prepared successful merits briefs challenging stalking injunctions entered against property owner pursuant to Section 784.0485, Fla. Stat. in connection with ongoing business Reported as: Laquidara v. Houghtaling, 320 So. 3d 243 (Fla. 2d DCA 2021).
- As lead counsel in appeal raising an issue of first impression before the court, obtained ruling holding that defendants, a Bahamian company and a Mexican citizen, waived their timely objections to personal jurisdiction by seeking attorneys’ fees in their motions to dismiss. Reported as: Stafford-Smith, Inc. v. TBI Caribbean Construction, 239 So. 3d 243 (Fla. 3d DCA 2017).
- Prepared written submissions in interlocutory appeal challenging order granting motion to disburse rents during pendency of commercial foreclosure. (Settled prior to ruling).
- Prepared jurisdictional portions of brief opposing exercise of appellate jurisdiction over interlocutory summary judgment order in connection with declaratory judgment action brought against master condominium.
Federal District Courts
- Prepared motion to remand inverse condemnation proceeding to state court on the basis that statutory exception to requirement that notice of removal be within 30-days of service, which allowed for removal if initial case was not removable, did not apply to defendant’s notice to remove. Reported as: Myakka River Resort, LLC City of North Port, 469 F. Supp. 3d 1323 (M.D. Fla. 2020).
- Representation of subcontractor in federal court in public bond enforcement claim against general contractor and surety relating to state highway construction project.
- Representation of materials supplier and surety in federal court in high seven-figure alleged construction defect claim brought by county relating to public utilities project.
State Trial Courts
- Represented homeowner in certiorari proceedings before circuit court in connection with challenge to special exception granted by municipality to adjoining property owner.
- Represented corporation in appeal to circuit court of adverse small claims.
- Represented large rental car company in catastrophic and other liability matters.
- Represented land developer in non-jury trial seeking declaratory judgment against county relating to zoning matter.
- Represented majority shareholders defending action seeking judicial dissolution of corporation with high eight-figure annual revenues.
Honors & Recognition
AV Preeminent® Peer Review Rating, Martindale-Hubbell® (2021-present)
Selected, Best Lawyers®,"Ones to Watch"
- Appellate Practice, 2022-2024
- Privacy and Data Security, 2022-2024
- Commercial Litigation, 2021-2024
- Construction Litigation, 2024
Selected, Palm Beach Illustrated, Top Lawyers (2023)
Selected, Naples Illustrated, Top Lawyers
- Appellate Practice, 2021
- Commercial Litigation, 2019
- Summer Law Clerk, Hon. Christine Greider, Twentieth Judicial Circuit of Florida, 2014
B.A., magna cum laude, Florida Gulf Coast University, 2013
J.D., Indiana University Maurer School of Law, 2016
Admissions – Court
- U.S. Supreme Court
- Eleventh Circuit Court of Appeals
- U.S. District Court for the Southern District of Florida
- U.S. District Court for the Middle District of Florida
- U.S. District Court for the Northern District of Florida
Admissions – State
Professional & Civic
Member, International Association of Privacy Professionals (IAAP)
Member, Palm Beach County Bar Association
- Secretary, Technology Committee (2023-present)
Associate Leadership Collier™ (formerly Growing Associates in Naples (GAIN)™), The Greater Naples Chamber of Commerce, Class of 2019
Youth Leadership Collier™, The Greater Naples Chamber of Commerce™, 2008
News & Insights
External News & Publications
Under Color of State Law (Municipal Liability Under 42 U.S.C. s. 1983): Part One – A Historical Primer; Adverse Witness, Collier County Bar Journal (March 2020)
Commentary: Securing Sunshine: How to Better Protect Online Public Records; Naples Daily News (December 2017)
Commentary: New Ransomware Attack Deserves Attention; Naples Daily News (2016)
Bottoms Up: A Comparison of “Voluntary” Cybersecurity Frameworks; U.C. Davis Business Law Journal (2016)
Naples Area Board of Relators Broker Forum (2019)
National Academy of Elder Law Attorneys Annual Conference, New Orleans (2018)
Collier County Bar Association Real Estate Section (2018)