An article authored by Shutts & Bowen partners Patricia A. Leonard and Ella A. Shenhav, titled “Use of the Constructive Knowledge Standard When Evaluating Evident Partiality Challenges to Arbitration Awards in Florida,” appeared in the July/August 2023 edition of The Florida Bar Journal.
The article discusses a Florida trial court’s ruling that a party can constructively waive an argument that an arbitration award should be vacated on the basis of alleged arbitrator partiality if the party, through reasonable diligence, should have been aware (even if they were not actually aware) of the facts underlying the claim of alleged partiality, but failed to assert that argument until after the entry of the final arbitration award. Patti and Ella were lead counsel for their client in the matter referenced in the article, and were successful in the arbitration, trial court, and subsequent appellate court proceedings.
To read the full article, please click here.
About Patricia A. Leonard
Patricia A. Leonard is a partner in the West Palm Beach office of Shutts & Bowen LLP, where she is a member of the Business Litigation Practice Group and Chair of the firm's Focus on Women Committee. Patti has a diverse business and commercial litigation practice, representing businesses in their contractual and other disputes, employment discrimination defense, partnership and corporate disputes, pharmaceutical and nutraceutical litigation matters, securities litigation, and real estate litigation. Patti has also litigated trademark, unfair competition, theft of trade secrets, Lanham Act, defamation, and copyright infringement cases. She practices in state and federal courts, as well as in FINRA arbitration. She also counsels clients in employment law matters.
About Ella A. Shenhav
Ella A. Shenhav is a partner in the Tampa office of Shutts & Bowen LLP, where she is a member of the Business Litigation Practice Group. She is a Certified Information Privacy Professional (CIPP/US), accredited by the International Association of Privacy Professionals (IAPP), and is a Florida Supreme Court Certified Circuit Court Civil Mediator. Ella focuses her practice on complex commercial litigation in state and federal courts, as well as arbitration. She has represented large and small businesses, financial institutions, employers, entrepreneurs and other individuals in successfully resolving, among other matters business torts; privacy and data protection; contract disputes; employment and non-compete disputes; creditors’ rights; securities litigation; real estate-related litigation; shareholder disputes; and claims of unfair and deceptive trade practices.