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Brandon J. Held

Brandon J. Held

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Direct Dial: (813) 418-3823
Fax: (813) 229-3502
bheld@mpdlegal.com
Office Location: Tampa

Overview
Professional Involvement
Publications & Speaking
Representative Experience

Brandon Held joined Mills Paskert Divers in 2007.  Brandon's practice is primarily devoted to complex commercial litigation, including Fidelity, Suretyship, Business, Construction, Creditor's Rights and Bankruptcy, and Collection matters.

Brandon earned his undergraduate degree in business from the University of Florida with a concentration in Decision and Information Sciences (business consulting). Before attending law school, Brandon opened an Alaskan-themed seafood restaurant in Gainesville while he attended graduate school. Aside from owning / operating multiple businesses in the past, Brandon also received his M.B.A. degree while attending law school at Stetson University College of Law, all of which provided him with considerable knowledge that is helpful in his commercial litigation practice.

During law school, Brandon was a member of one of the top-ranked trial programs in the nation by U.S. News and World Report, represented Stetson in both state-wide and national competitions, and led Stetson to multiple victories. Brandon also received numerous recognitions, including being recognized by Who's Who in American Colleges and Universities and being inducted into the Order of Barristers, a national honorary organization that recognizes individuals who have excelled in advocacy.

In his spare time, Brandon enjoys playing golf, watching Gator football games, and spending time with his wife, Liz, and his two kids, Brooks and Presley.

Practice Areas

  • Alternative Dispute Resolution
  • Appellate
  • Complex Commercial Litigation
  • Construction
  • Creditors’ Rights and Bankruptcy
  • Fidelity
  • Governmental
  • Liability, Insurance, Subrogation, and Recovery
  • Suretyship

Admitted to Practice

  • All Florida State and Federal Courts

Education

  • Stetson University College of Law, J.D., 2007, cum laude
  • Stetson University, Master of Business Administration, 2007
  • The University of Florida, Masters Degree in Decision and Information Sciences, 2003
  • The University of Florida, Bachelor's Degree Business Administration, 2002, cum laude

Professional, Trade, and Philanthropic Affiliations

  • American Bar Association
    • Tort and Insurance Practice Section
    • Fidelity and Surety Law Committee
    • Litigation Section
    • Forum on the Construction Industry
    • Insurance Coverage Litigation Committee
    • Pretrial Practice and Discovery Committee

  • The Florida Bar
    • Trial Lawyers Section

  • The Hillsborough County Bar Association
    • Construction Law Section

  • Gulfcoast Fidelity and Surety Institute

Selected Publications

  • Chapter 18, “Salvage and Recovery,” in the Annotated Commercial Crime Insurance Policy, Third Edition (2015)

  • “Forecasting the Impact of the Pending Storm: Factors that Impact the Amount of Attorneys’ Fees a Claimant can Recover from the Surety,” Gulfcoast Fidelity and Surety Institute, May, 2015.

  • “Cast a Wide Net: Pursuing the Bond Principal’s Claims via Subrogation," Gulfcoast Fidelity and Surety Institute, May, 2013.

  • Chapter 3, “The Rights to Which the Contract Bond Surety is Subrogated,” in The Contract Bond Surety’s Subrogation Rights (2013).

  • Co-Author, “Goodness Gracious, I Declare! Declaration of Default Under the AIA A311 and A312 Performance Bonds,” Gulfcoast Fidelity and Surety Institute, June, 2010.

  • Co-Author, “Fees Against Sureties: Are the Rules Changing?” Gulfcoast Fidelity and Surety Institute, June, 2010.

  • “Red Flag Rising – The Demise of Gibson,” Insights, Winter, 2009.

  • “Offers of Judgment: Not a Safe Harbor From Bad Faith Claims,” Insights, Winter, 2008.

  • “No Liability for Attorneys’ Fees Under Statutory Motor Vehicle Dealer Bond,” Insights, Fall, 2008.

  • “Florida’s Statute of Repose Significantly Reduced!,” Insights, Fall, 2006.

Selected Speaking Engagements

  • “What’s Hot in Recovery: Current Trends in Subrogation,” Fidelity and Surety Law Committee’s Fall Meeting, November, 2015 (Washington, D.C.).

  • “Statutes of Limitations and Repose Applicable to Construction Claims:  An Update and Refresher on Florida Law, Practice Pointers, and Traps for the Unwary,” Hillsborough County Bar Association, Construction Law Committee, October, 2015 (Tampa, FL).

  • “Forecasting the Impact of the Pending Storm: Factors that Impact the Amount of Attorneys’ Fees a Claimant can Recover from the Surety,” Gulfcoast Fidelity and Surety Institute, May, 2015 (Boca Grande, FL).

  • “Cast a Wide Net: Pursuing the Bond Principal’s Claims via Subrogation,” Gulfcoast Fidelity and Surety Institute, 2013 (Boca Grande, FL).

  • “The Contract Bond Surety’s Subrogation Rights: Pursuing Recovery for Losses,” Zurich’s CE-CLE Extravaganza, July, 2013 (webinar).

Representative Experience

Brandon's business litigation practice involves a variety of business-related disputes. These disputes include various actions for breach of contract, including breach of contract actions for failures to satisfy debts, breach of commercial lease agreements, and breach of personal guaranties. Brandon represents plaintiffs and defendants, and has handled numerous matters involving the collection of judgments.

In his fidelity practice, Brandon handles a variety of matters, including commercial crime matters, financial institution matters, directors’ and officers’ liability matters, and matters involving fiduciaries.  Brandon has experience pursuing subrogation and salvage rights to reimburse the insurer/surety for its losses.

Brandon’s surety practice is not limited to fidelity matters.  Brandon also handles contract bond matters (performance and payment bond matters) on both public and private projects.  Brandon has also handled numerous claims involving various commercial surety bonds, including miscellaneous bonds, motor vehicle dealers bonds, administrator (probate) bonds, guardianship bonds, and notary bonds.  After resolving the various surety claims, Brandon has experience asserting indemnity claims against indemnitors to recover the surety’s losses.  Brandon speaks at CLE events on both fidelity and surety matters, and has authored multiple publications related to these fields. 

In his construction practice, Brandon has represented contractors (both general contractors and subcontractors), and engineers in construction and business related disputes ranging from enforcement of his client’s construction liens to defending his clients against claims from others.  Brandon has also assisted his contractor clients pre-suit with negotiations regarding monies owed, alleged defects, and contract matters to prevent litigation. 

In his Bankruptcy practice, Brandon handles a variety of claims on behalf of sureties, including pursuing the surety’s claims against the indemnitor’s estate in the main case, pursuing indemnitors in adversary proceedings (including seeking non-dischargeability of the debtor’s debt to the surety), and seeking relief from the automatic stay to pursue contract funds.