Warren D. Zaffuto
Associate
Duane Morris LLP
200 South Biscayne Boulevard, Suite 3400
Miami, FL 33131-2318
USA
Phone: +1 305 960 2254
Fax: +1 305 397 2536
Email: WDZaffuto@duanemorris.com

Warren D. Zaffuto practices in the area of commercial law, with an emphasis on complex commercial litigation, contract disputes, intellectual property, transportation litigation, and general business and corporate law matters. In addition, Mr. Zaffuto's practice includes the prosecution and defense of actions involving employment contracts, trade secrets and noncompetition agreements as well as employment-related tort claims. He also has worked on matters concerning securities litigation, construction law, products liability, real estate litigation and consumer lending litigation.

Mr. Zaffuto served as a law clerk for the Honorable Philip R. Martinez of the United States District Court for the Western District of Texas (El Paso Division) and as a law clerk for the Honorable Adriana Arce-Flores of the United States District Court for the Southern District of Texas (Laredo Division).

Mr. Zaffuto has been a volunteer with the "Put Something Back" Pro Bono Project of the Dade County Bar Association and the Eleventh Judicial Circuit of Florida, handling a variety of pro bono matters for indigent clients in the Miami area.

In October 2010, Mr. Zaffuto received an award from the Cystic Fibrosis Foundation as one of "40 Under 40 Outstanding Lawyers of Miami-Dade County."

Mr. Zaffuto is a 2000 cum laude graduate of Tulane Law School, where he was a member and articles editor of the Tulane Law Review, and a graduate of Tulane University, Paul Tulane College. He is admitted to practice in Florida, Massachusetts and the District of Columbia.

Representative Matters

• Defended The Hartford Insurance Company and its insured, Jorda Enterprises Inc., an HVAC subcontractor, in an equitable subrogation action which sought more than $3 million in damages relating to a pipe burst at a luxury condominium building located in Miami, Fla., which coincided with Hurricane Katrina in 2005. The Court entered summary judgment in favor of Jorda, finding that: there was no valid release from the Condominium Association which permitted the subrogation claim to be brought; the Association previously released Jorda in earlier construction litigation when the subrogation claim had not been perfected by payment; and, the subrogation claim was barred by res judicata. QBE Insurance Corporation v. Jorda Enterprises, Inc., No. 10-21107 CIV-GOLD (S.D. Fla. 2012).
• Defended Motiva Enterprises, LLC and Shell Oil Company in a lawsuit brought by a commercial property owner which sought damages for breach of a written lease arising from loss of rental income due to contamination of a former gas station site. The plaintiff sought in excess of $4.3 million. After a non-jury trial the court found that the Plaintiff failed to prove its case and ruled that Motiva and Shell could not be held liable. The court also found the defense was entitled to recover attorney’s fees and costs from the plaintiff. Sarria Holdings, Inc. v. Motiva Enterprises, LLC, No. 05-08587 CA (Miami-Dade Co. Cir. Ct. 2012).
• Obtained an Order on behalf of Petitioner granting a Verified Petition for Return of Child to Petitioner pursuant to The Hague Convention on the Civil Aspects of International Child Abduction and the International Child Abduction Remedies Act. Hamprecht v. Hamprecht, No. 2:12-cv-00125-UA-DNF (M.D. Fla. 2012).
• Obtained summary judgment in favor of internet retailer of prescription eyewear against claims that it infringed patents for magnetic eyeglass frames and magnetic clip-on sunglass attachments. Aspex Eyewear, et al. v. Zenni Optical, 0:09-cv-61468-WJZ (S.D. Fla.).
• Obtained an order from the Circuit Court of Orange County, Fla., dismissing with prejudice a suit brought against an operator of a web of trust website by a group of corporate plaintiffs based on Section 230 of the Communications Decency Act. Career Network, Inc., et al. v. WOT Services, Ltd.
• Obtained decision affirming dismissal of suit alleging that a private investment company violated Florida securities laws in connection with the plaintiff's $4 million investment in a rock mine acquired by the investment company.
• Obtained summary judgment in favor of a company that had been sued after a multimillion-dollar shipment of cell phones from Mexico to Peru via the United States was allegedly stolen.
• Obtained a $2 million jury verdict following a two-week trial for a client that purchased a yacht from a yacht broker in Florida. The jury found for the client on its claim that that defendant negligently misrepresented the condition of the yacht.
• Patent infringement action regarding Apotex's ANDA to make a generic version of Wyeth's anti-depressant product EFFEXOR®:; XR (venlafaxine hydrochloride). Wyeth v. Apotex Inc., and Apotex Corp., Case No. 08-022308 (S.D. Fla.).

Professional Activities

• Dade County Bar Association

Admissions

• Massachusetts
• District of Columbia
• Florida
• 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
• U.S. District Court for the Northern District of Illinois
• U.S. Court of Appeals for the Eleventh Circuit

Education

• Tulane Law School, J.D., cum laude, 2000
  Articles Editor, Tulane Law Review
• Tulane University, B.A., Political Science/International Relations, 1995

Experience

• Duane Morris LLP
  - Associate, 2005-present
• Fisher & Phillips, LLP
  - Associate, 2003-2005
• Judicial Clerk to the Honorable Philip R. Martinez, United States District Judge for the United States District Court, Western District of Texas, El Paso, Texas, 2002-2003
• Judicial Clerk to the Honorable Adriana Arce-Flores, United States Magistrate judge for the United States District Court, Southern District of Texas, Laredo, Texas, 2001-2002
• Wilson, Elser, Moskowitz, Edelman & Dicker
  - Associate, 2000-2001

Honors and Awards

• Recipient of Cystic Fibrosis Foundation's award as one of "40 Under 40 Outstanding Lawyers of Miami-Dade County," October 2010

Selected Publications

• Co-author, "Key Ruling for Insurance Companies in Equitable Subrogation Action in U.S. District Court in Florida," Duane Morris Alert, August 13, 2012
• Co-author, "Motion for Sanctions Granted for Failure to Comply with Discovery Obligations to Designate Witness Under Federal Rule of Civil Procedure 30(b)6," Duane Morris Alert, February 21, 2012
• Author, "A 'Pirate's Victory': Clinton's Approach to the New FSIA Exception Leaves The Victors Empty Handed," 74 Tul. L. Rev. 685, 1999