Jason_H__Klein

Partner

Jason H. Klein

Contact

Location

1805 Shea Center Drive
Suite 200
Highlands Ranch, CO 80129
P (720) 479-2500
F (303) 471-1855

1501 S. Church Avenue
Suite 200
Tampa, FL 33629
P (813) 422-6910
F (813) 425-6983

701 Brickell Avenue
Suite 1640
Miami, FL 33131
P (786) 358-6420
F (786) 358-6421

For more detailed information:

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Awards

Bio

Jason Klein is the managing partner of WSHB’s Denver office and a partner in the Firm’s Florida offices. Jason is an experienced trial lawyer whose practice is dedicated to complex civil litigation in the areas of employment litigation and wrongful termination defense matters, Americans with Disabilities Act (“ADA”) claims and compliance, as well as construction defect, transportation, professional liability and complex general liability litigation. Jason has represented international, national, and regional corporations, carriers, and businesses (including Fortune 500 companies) and individuals in both state and federal courts in Colorado, Florida, Kansas, and Missouri. He has extensive experience representing clients in breach of contract disputes, creditors-debtors’ rights actions, as well as experience in construction defect litigation for national homebuilders, contractors, developers, and other construction-related professionals, as well as copyright and trademark infringement litigation.

In addition, Jason assists our national insurance coverage practice by advising and representing domestic and international insurers on first-party property (Homeowner’s and Commercial), commercial general liability, construction defect, and professional errors and omission claims. Jason has successfully litigated a wide variety of first-party and third-party insurance cases, including the interpretation of policy provisions and exclusions.

Jason was in-house counsel in Resort Management for Wyndham Vacation Ownership, Inc. While at Wyndham, he negotiated, drafted, reviewed and analyzed complex commercial agreements and contracts, including detailed commercial leases, vendor contracts and purchase agreements, as well as participated in drafting the company’s ADA internal operating plan to address key issues presented under the ADA at Wyndham’s vacation resorts throughout the United States. In addition, Jason has also represented commercial and residential borrowers in foreclosure and receivership actions, as well as complex loan workouts. He is AV Preeminent rated by Martindale-Hubbell and has been selected for inclusion into Florida Trend’s “Florida Legal Elite.”  Jason is also a regular presenter on trial and litigation strategy.

Education

University of Kansas School of Law (J.D., 2001)

The University of Kansas (B.A., 1997)

Licensed to Practice in:

Colorado
Florida
Kansas
Missouri (inactive)

Practice Areas

Commercial and Business Litigation
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  • Prosecution and defense of Fortune 500 companies and regional businesses in breach of contract, fraud, and other business tort claims.
  • Negotiation and drafting of contracts and other commercial agreements, including construction contracts, non-disclosure and non-compete agreements, and employment contracts.
  • Coordination of risk management activities.
  • Defense of businesses against claims made under Florida’s Deceptive and Unfair Trade Practices Act, including defense of water treatment company in Florida class action lawsuit.
  • Representation of corporate borrowers/debtors in Chapter 11 bankruptcy proceedings and bankruptcy related litigation (including, assignment for the benefit of creditors and adversary proceedings).
  • Counsel clients on complex contract dispute issues.
Construction
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  • Defense of developers, general contractors, construction managers and design professionals in litigation involving commercial and residential properties, including construction defect litigation.
  • Defense of property owners, developers, contractors, and subcontractors against claims arising from commercial and residential construction sites, including water intrusion and mold cases.
  • Prosecution and defense of developers against claims of fraud and negligent misrepresentation.
  • Prosecution and defense of claims for damages due to delays in construction.
  • Prosecution and defense of claims for indemnification and breach of contract.
Directors and Officers (D&O) Litigation
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  • Represents several different types of clients in D&O defense matters, including but not limited to assisting management companies, developers, owners, and association groups with their legal challenges.
Employment
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  • Defense of large retailers and businesses in ADA compliance issues.
  • Advise employers on best practices and management strategies to avoid claims.
  • Defense of employers in Title VII of the Civil Rights Act of 1964.
  • Defense of employers in Title I claims brought under the ADA.
  • Defense of employers in harassment, discrimination, and retaliation claims.
  • Advises employers on all aspects of responding to wage and hour audits conducted by the Department of Labor and similar state agencies, as well as conducting self-audits to ensure proactive compliance.
  • Represents employers in response to NLRB complaints of unfair labor practices under the National Labor Relations Act, which applies to all workplaces regardless of union representation.
Entertainment and New Media
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  • Representation of a professional athlete (MLB player) in contractual and business related matters.
Intellectual Property
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  • Representation of businesses in cases involving allegations of copyright infringement and violations of the Lanham Act in State and Federal court.
  • Counsel clients on confidentiality, non-competition, and employment contracts.
  • Defense of famed Hollywood director against allegations of trademark confusion/infringement.
Professional Liability
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  • Defense of professional liability claims against engineers, design professionals, insurance agents and brokers, real estate agents, and miscellaneous professionals.
Real Estate and Land Use
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  • Representation of commercial and residential developers in real estate litigation.
  • Defend corporations, other business entities, and individuals, against claims arising out of the landlord/tenant relationship.
  • Defend large corporate borrowers in complex commercial foreclosure and loan workout matters.
  • Representation of real estate brokers and agents in procuring cause cases.
  • Counsel real estate broker clients on litigated matters.
Transportation
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  • Represent national trucking/transportation carriers in catastrophic fatalities in Florida, Kansas, and Missouri – including jury trials in Kansas and Missouri.

Publications

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Trial & Appellate Results

Brian Shutts v. Precision Assessment Technology Corporation, 2009 WL 960103 (M.D. Fla. 2009) (successfully defeated motion to dismiss and/or stay and alternative motion to transfer case from Florida to Vancouver, British Columbia, in a matter involving a breach of a Canadian share purchase agreement)

Crowe v. True’s IGA, LLP, 85 P.3d 1261 (Kan. App. 2004) (affirming summary judgment in a premises liability matter)

Hollinger v. Sifers, 122 S.W.3d 112 (Mo. App. W.D. 2003) (affirming dismissal under Missouri’s long-arm statute)

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All Trial & Appellate Results »

Events, Seminars & Presentations

Speaker, Envista Forensics Construction Defect Roundtable, New York City, September 2018

Legal Ethics: What You Need to Know When Defending Under a CGL Policy, National Business Institute’s “Commercial General Liability (CGL) Policy: The Complete Guide” Seminar, Tampa, Florida, December 2017

How to Get Your Social Media, Email and Text Evidence Admitted (and Keep Theirs Out), National Business Institute Seminar, Tampa, Florida, December 2016

Caveat Lector: Reader Beware: Florida Construction Contracts and Updates in Florida Law, 2016 Southeast Building Conference (SEBC), Orlando, Florida, July 2016

Written Discovery: How to Draft to Get What You Need, Proper Objections, and How to Deal with Improper Objections and Misbehavior, Hillsborough County Bar Association’s Professionalism Committee, March 31, 2016

The Rules of Evidence: A Practical Tool Kit (A Real World Application of Evidence to Courtroom Events), NBI (National Business Institute), Tampa, Florida, December 2015

Wet, Wild, Windy Construction Claims Issues and Their Effects on Coverage Decisions, RIMKUS Consulting Group, Inc.’s 12th Annual CLE Seminar, Tampa, Florida, June 2015

Written Discovery: How to Draft to Get What You Need, Proper Objections, and How to Deal with Improper Objections and Misbehavior, Professionalism Committee of the Orange County Bar Association, 2015

Keep Calm and Follow the Rules: The Complex Business Litigation Court Rules, Business Law Committee of the Orange County Bar Association, 2014

Guest Lecturer, Contracts II, Florida A&M University College of Law, 2011

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All Events »

Community Activities

Guardian ad Litem, Orange County Bar Association Legal Aid

Board of Directors, Make-A-Wish Foundation of Central Florida, 2006 – 2013

Board of Directors, Catholic Charities of Central Florida, 2006 – 2008

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Memberships

Member, Business Law Section, The Florida Bar

Member, Labor & Employment Section of Hillsborough County Bar Association

Member, Hillsborough County Bar Association, Construction Law Section

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Awards & Accomplishments

AV® Preeminent™ rated by Martindale-Hubbell

Florida Trend’s Legal Elite, 2016

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