Danielle S. Kemp

Danielle S. Kemp

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Danielle Kemp focuses her practice on bankruptcy and commercial litigation. She possesses deep bankruptcy experience, representing debtors, trustees and creditors in Chapter 11 bankruptcy matters, and litigating numerous bankruptcy claims, adversary proceedings, and preference actions. Ms. Kemp also advises on a wide range of civil litigation matters, representing clients at the trial and appellate levels in commercial lease disputes, commercial loan disputes and foreclosures, garnishments, business tort litigation, and qui tam cases. In addition, Ms. Kemp regularly takes and defends depositions, drafts and argues important dispositive motions, negotiates settlement agreements, and generally handles all facets of commercial cases in state and federal court.

Concentrations

  • Business reorganizations
  • Creditors' rights
  • Commercial litigation
  • False Claims Act matters, including qui tam litigation

Capabilities

Experience

  • Represented a veterinarian clinic in a Chapter 11 bankruptcy caused by significant diminution in the value of its real property during the recession. The clinic was able to confirm a plan and exit bankruptcy less than ten months after filing.
  • Represented a trustee in the bankruptcy of a nursing home encumbered with over $7 million in unsecured claims and over $3 million owed to the IRS. The trustee was able to obtain recovery for unsecured creditors through the sale of the nursing home’s license and negotiated settlements with secured creditors.
  • Representing a client in an adversary proceeding in a liquidating Chapter 11 where the liquidating trustee is seeking $3 million for breach of fiduciary duty, tortious interference and unjust enrichment. 
  • Represented the world’s largest recreational vehicle dealership in a commercial litigation dispute with its former landlord. The trial court ruled our client had validly exercised the purchase option in its lease, requiring the landlord to sell the property, awarding damages in excess of $13 million. The court also awarded our client attorneys’ fees and costs. The Second District Court of Appeal affirmed the trial court's decision on all counts.
  • Representing an individual in a partnership dispute in New Orleans, Louisiana that involves commercial lease issues, breach of contract, and breach of fiduciary duty claims. 
  • Represented a healthcare company in a qui tam matter where a former employee claimed that the company submitted false claims because it did not comply with its contracts. The qui tam allegations were dismissed at the pleading stage.
  • Represented a medical device company in a qui tam matter where a former employee alleged the company submitted false claims by not providing the government the "best price."
  • Represented a group of physicians in a qui tam matter for alleged violations of the Stark Act and Anti-Kickback laws, which case was dismissed at the pleading stage.

Recognition & Leadership

  • Member, Winning Team, U.S. News - Best Lawyers "Law Firm of the Year" in Bankruptcy & Creditor Debtor Rights / Insolvency & Reorganization Law and Litigation – Bankruptcy, 2013
  • Listed, Super Lawyers magazine, Florida Super Lawyers, "Rising Star," 2012
  • Member, Board of Directors, American Cancer Society – Southwest Florida Chapter, 2019-Present
  • Member, Greater Tampa Chamber of Commerce Women of Influence Committee 
  • Recording Secretary, RHS Foundation
  • Member, American Bankruptcy Institute 
  • Member, Hillsbourgh County Bar Association
  • Member, The Florida Bar
  • Member, The Illinois Bar

Credentials

Education
  • J.D., with honors, University of Chicago Law School, 2000
  • M.Ed., University of Florida, 1995
  • B.A.E., Education, with honors, University of Florida, 1994
Admissions
  • Florida
  • Illinois
  • U.S. District Court for the Middle District of Florida
  • U.S. District Court for the Northern District of Illinois
  • U.S. District Court for the Southern District of Florida