Best Lawyers of America 2016

W. DONALD COX, NATIONALLY RECOGNIZED LITIGATOR, REUNITES WITH COLLEAGUES AT WIAND GUERRA KING

Wiand Guerra King P.L. announced today that W. Donald Cox, Esq. has joined the firm. Mr. Cox, a nationally recognized commercial litigation lawyer, is reunited at Wiand Guerra King with colleagues he worked with for many years at the Tampa-based law firm of Fowler White Boggs. Mr. Cox is Board Certified by The Florida Bar in both Business Litigation Law and Civil Trial Law, and has represented some of the nation’s largest public companies in significant litigation and regulatory matters. He has extensive jury and non-jury trial experience in federal and state court, as well as before federal and state agencies in administrative proceedings. He has handled appeals in federal courts, before the Florida Supreme Court, and in all Florida intermediate appellate courts. Mr. Cox will continue his litigation, appellate, and regulatory practice and will also serve as a mediator and arbitrator of complex litigation matters and business disputes.

Burton W. Wiand, chairman of Wiand Guerra King, said “We are overjoyed to be reunited with our good friend Don Cox, and are excited to be working with him again. Don’s almost half-century of experience with insurance, regulatory and litigation matters will expand our firm’s horizons and will add to our capabilities in serving our clients.”

Mr. Cox is AV Preeminent Peer Review Rated by Martindale-Hubbell. He has been recognized by Chambers as a leading insurance lawyer in Florida, and has been recognized by his peers locally and nationally, including The Best Lawyers in America, Florida Trend magazine’s Legal Elite, ranked in the top 2% of practicing Florida Bar Members, and Florida Super Lawyers. He received his B.A. from Duke University in 1963 and his LL.B. from the University of Virginia in 1966.

The law firm of Wiand Guerra King was formed in 2009 with ten lawyers. The firm has grown by 70% since then, and its current seventeen professionals regularly handle complex commercial litigation and arbitration. The firm also handles white collar and regulatory investigations and enforcement matters involving securities, trade practices, Foreign Corrupt Practices Act and insurance matters. In its first year Wiand Guerra King was recognized as a Top Tier firm by Business Week’s Best Law Firms in America. The founding members, with over 100 years of collective experience, have been recognized nationally and locally as among the top lawyers in Florida and the United States.

For more information, please contact Burton W. Wiand at [email protected].

KATHERINE C. DONLON

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Kacy Donlon has practiced in the area of commercial litigation for the past 20 years. Her practice is based on the principles instilled in her during her clerkship with a federal judge in Alabama – work hard for your client, be honest, and look for creative ways to win or resolve cases. Her main concentration is the defense of businesses and individuals involved in the securities and financial services industries, and she also has experience in a broad spectrum of commercial litigation matters, including employment disputes, class actions, business torts, and contract disputes. Kacy has handled complex matters in federal and state court as well as in arbitration, including the successful defense of numerous matters involving allegations relating to the sale of variable and equity-indexed annuities and other insurance product sales practices.

Kacy’s experience includes the representation of national and regional brokerage and insurance firms in arbitration and court proceedings brought by customers involving variable annuities, mutual funds, REITs, TICs, equity securities, viaticals, and other investment products. In addition to litigation, Kacy has represented many clients in investigations and enforcement actions by regulatory bodies such as the SEC, FINRA, and state securities and insurance regulators. She also counsels clients on compliance issues.

Kacy is originally from Alabama where she graduated summa cum laude from Birmingham-Southern College. She then attended the University of St. Andrews in Scotland on a Rotary Scholarship. After working as a paralegal for a prominent securities litigator, she continued her education at Washington & Lee University School of Law where she was the Securities Editor of the Washington & Lee Law Review and graduated cum laude. She is a past president of the Federal Bar Association, Tampa Bay Chapter. Admitted in both Florida and Alabama, Kacy is AV Peer Review Rated by Martindale-Hubbell and has been recognized as one of the Best Lawyers in America and a Super Lawyer. In 2010, the Tampa Bay Chapter of the Federal Bar Association awarded her its highest award, the George C. Carr award, for excellence in federal practice and service to the Federal Bar.

REPRESENTATIVE EXPERIENCE

  • Defended numerous FINRA arbitration claims related to the suitability of variable annuity purchases. See Guin v. InterSecurities, 2005 WL 2044617 (NASD);
    Oliver v. InterSecurities, 2006 WL 954102 (NASD); Johnston v. InterSecurities, 2005 WL 1140251 (NASD)(directed verdict); Apichino v. InterSecurities, 2006 WL 3716863 (NASD).
  • Defended financial institutions against former employees. See Variable Annuity Life Ins. Co. v. Hausinger, 927 So.2d 243 ( Fla. 2d DCA 2006)(raiding) and Amon v. InterSecurities, 2007 WL 4079432 (FINRA) and Heller v. InterSecurities, 2007 WL 2493125 (compensation).
  • Obtained dismissal by summary judgment of fraud claims against insurance company related to variable annuity disclosures. See Greening v. Western Reserve Life Assurance Co. of Ohio, 439 F. Supp.2d 612 (M.D. La. 2006).
  • Argued before Third District Court of Appeals and obtained affirmance of lower court dismissal of claims against insurance company for denial of death benefit. See Solorzano v. Old Mutual International (Isle of Man) Ltd., 772 So. 2d 1175 (Fla. 3d DCA 2000).
  • Represented insurers in state court litigation related to the suitability of the sale of equity indexed annuities.
  • Successfully defended negligence and fraud claims in arbitration. See Knaub v. ProEquities, 2007 WL 2893308 (FINRA)(sale of variable annuities and mutual funds) and Nagda v. New England Securities, 2004 WL 1047928 (NASD)(sale of stocks, commission issues).
  • Summary judgment granted in favor of client in securities-related legal malpractice action. See Steffen v. Gray, Harris & Robinson, 283 F. Supp.2d 1272 ( M.D. Fla. 2003), aff’d, 138 Fed. Appx. 297 (11th Cir. 2005).
  • Defeated motion to dismiss under PSLRA in federal securities action. See Anderson v. Transglobe Energy Corp., 35 F. Supp.2d 1363 (M.D. Fla. 1999).

 PRESENTATIONS

  • “Law & Order SVU: Securities Veterans United Lessons from the Street”, ProEquities OST Conference, July 2015
  • “A Penny for Your Thoughts; Recent AML Enforcement Cases,” Co-presenter with Dionne Fajardo, Financial Services Institute Webinar, January 2015
  • “Orange is Not the New Black,” National Association of Insurance and Financial Advisors, Tampa Chapter, How to Avoid Being Sued, May 2014
  • “The Duke Lacrosse Team of Investments,” Co-presenter with Burt Wiand, Nationwide CLE Seminar, Variable Annuities and Variable Products, September 2007

 PROFESSIONAL AFFILIATIONS

  • American Bar Association: Securities Litigation Committee; Section of Litigation
  • The Florida Bar: Attorney-Client Privilege Task Force; Member, Business Law Section; Executive Council, 2004-present; Chair, Business Litigation Committee, 2005-2006; Chair, State/Federal Judicial Liaison Committee, 2006-2007; Vice-Chair, Communications Committee, 2009-14; Chair, 2014-2015.
  • Florida Bar Special Committee on Chapter 517, 2005-2007
  • Federal Bar Association: President, Tampa Bay Chapter, 2006-2007; Executive Board, 2000-2008.
  • Florida Supreme Court: Committee on Standard Jury Instruction-Contract and Business Cases, Member, 2006-2008
  • Hillsborough County Bar Association
  • Securities Industry and Financial Markets Association: Member, Compliance and Legal Division

 COMMUNITY INVOLVEMENT

  • Birmingham-Southern College National Alumni Association: Vice-President, Service and Outreach, 2007-2009
  • Leadership Tampa: Class of 2004

 EDUCATION

  • J.D., cum laude, Washington and Lee University School of Law, 1994 (Securities Editor, Law Review)
  • Attended University of St. Andrews, Scotland on Rotary International Scholarship, 1989-1990
  • B.A., summa cum laude, Birmingham-Southern College, 1989 (Phi Beta Kappa, Mortar Board, Omicron Delta Kappa)

 BAR ADMISSIONS

  • Florida
  • Alabama

 COURT ADMISSIONS

  • U.S. Supreme Court
  • U.S. Court of Appeals, Eleventh Circuit
  • U.S. District Court, Middle District of Florida
  • U.S. District Court, Northern District of Florida
  • U.S. District Court, Southern District of Florida

 DISTINCTIONS

  • AV Preeminent Peer Review Rating by Martindale-Hubbell®
  • The Best Lawyers in America, 2009-2016
  • Tampa Bay’s Top Lawyers by Tampa Bay Magazine, July/August 2010
  • Tampa’s Top Attorneys 2011 by The National Law Journal, November 2010
  • George C. Carr Memorial Award by the Tampa Bay Chapter of the Federal Bar Association, November 2010
  • Florida Super Lawyers, Florida Super Lawyers Magazine, 2011-2016
  • Outstanding Member of the Year by the Business Law Section of the Florida Bar, June 2015

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