Overview

Bert McBride is an associate in the Commercial Litigation Group. He represents individual business owners, companies and partnerships – both small and large, and commercial landlords in a variety of complex matters in both Federal and State courts. Bert received his J.D., cum laude, from the University of Florida – Levin College of Law, and his Bachelor’s Degree in Economics from Stanford University. He combines legal acumen and proficiency with business insights and analytical skills to provide his clients with balanced, reasoned, and judicious recommendations and solutions both pre-trial and in trial matters.

Prior to law school, Bert served as an Intern in Washington, D.C., for Congresswoman Kathy Castor’s office and the U.S. Department of Commerce.

An avid sports fan, Bert was a Tampa Bay football standout, having won two state-football titles before moving to the offensive line at Stanford University, where he was a three-time Letterman.

Representative Matters

Commercial Litigation

• Successfully represented a large financial services and banking company operating in several states, in a multi-million dollar fraudulent transfer avoidance litigation brought by a trustee in bankruptcy court.
• Successfully represented former owners of a healthcare company in state court litigation involving a multi-million dollar earn-out provision.
• Successfully represented a high end residential home builder seeking damages for breach of an interior design agreement by sophisticated homeowners. After a multi-day trial involving complex evidentiary and contract interpretation issues, the trial court awarded the full damages sought and attorneys’ fees.
• Successfully defended local government entity from multi-million dollar equal protection claims brought by a taxi company relating to the operation of transportation network companies such as Uber and Lyft.

Federal Court Class Actions

• Successfully defended class action claims relating to home and condominium owners association debts and collections. Plaintiff moved for class certification and was denied. See Wilmington Sav. Fund Soc'y, FSB v. Bus. Law Group, P.A., 319 F.R.D. 386 (M.D. Fla. 2017). The case was favorably resolved on an individual basis shortly thereafter.
• Served as local counsel for a national discount brokerage defending class action claims related to a client’s data breach. The claims were eventually dismissed with prejudice once the case was transferred to a favorable jurisdiction.

State Court Class Actions

• Secured dismissal of class action claims, including Florida Deceptive and Unfair Trade Practices Act (“FDUPTA”) claims, brought against a restaurant chain relating to the number of wings provided per customer order.
• Successfully defended class action claims, including Florida Deceptive and Unfair Trade Practices Act (“FDUPTA”) claims, in a matter initially filed in state court, removed to federal court, and ultimately remanded to and resolved favorably on an individual basis in state court, relating to condominium association dues and collections pursuant to Florida Statutes.

Commercial Landlord/Tenant

• Represented an Orlando-based commercial shopping center landlord in securing the urgent and time-critical evictions of multiple delinquent tenants, some of whom attempted to file for bankruptcy protection.
• Represented a commercial landlord located in Tallahassee, Florida in evicting and pursuing damages against delinquent tenant and guarantor.
• Successfully represented a commercial landlord, through its property management company, in securing the eviction of multiple delinquent tenants who attempted various litigation tactics, including attempting to contest service of process, in order to remain in the premises. 

Honors and Distinctions

• Florida Trend Legal Elite, Up and Comer, 2017-2018
• New Leaders Council Tampa Bay; 2015 Fellow

Professional Involvement

• Hillsborough County Bar Association
• New Leaders Council (NLC), Fellow, 2015
• The Florida Bar

Community Involvement

• Stanford University Club, Tampa Bay, Co-Founder
• University of Florida College of Law, Law Alumni Council
• Project H.E.L.P (Homeless Experience Legal Protection) volunteer
• Greater Tampa Chamber of Commerce - Tampa Bay Emerge Member
• Member, United Way Suncoast Toqueville Society

News

• Twenty Attorneys Named to Florida Trend Magazine’s “Legal Elite” 2018
• Twenty One Attorneys Named to Florida Trend Magazine’s “Legal Elite” 2017 and Top 5 Law Firm With the Most Honorees
• Bert McBride’s Article Featured in February 2017 Issue of The Florida Bar Journal
• Bert McBride Completes New Leaders Council Program
• Bert McBride Joins Trenam Kemker
• NCAA Football Players Turned Law Students Take an Academic Star Turn

Publications

"Foreclosing Bartram", Author, The Florida Bar Journal, Volume 91, No. 2, February 2017