Avery A. Dial

Avery Dial, partner and co-chair of the firm’s data privacy & cybersecurity practice group, focuses his practice on commercial, professional liability (including directors & officers, attorneys, accountants, medical professionals, nursing homes and other long term care facilities, hospitals, architects & engineers and design professionals), insurance coverage, labor and employment, data privacy, intellectual property, product liability and wrongful death litigation.

Mr. Dial defends businesses and professionals accused of data breach and privacy violations. Further, Mr. Dial advises companies in a variety of industries on pre and post data breach practices.

Mr. Dial defends and prosecutes business matters including breach of contract, civil theft, conversion, breach of warranties, statutory violations, fraudulent business practices, professional malpractice, and entertainment matters. He also litigates insurance coverage matters where the underlying claims are business litigation, professional liability, or intellectual property matters.

Mr. Dial counsels and defends private businesses and municipalities on website and brick and mortar accessibility claims under Titles II and III of the Americans with Disabilities Act. He also counsels and defends clients on actions brought under the Fair Housing Act.

Mr. Dial is an experienced litigator for commercial and residential real estate matters including title claims, foreclosures, landlord tenant disputes, and breaches of contract on behalf of title insurers, banks, tenants, and property owners.

Awards

•AV Preeminent Peer Review Rated, Martindale-Hubbell
•South Florida Legal Guide, “Top Lawyer”, 2019
•Florida Trend, Legal Elite, 2015, 2016, 2019
•South Florida Legal Guide, Top Up & Comer, 2014 - 2018
•Florida Trend, Legal Elite, Up & Comer, 2013

Publications

•KDV Attorney Avery Dial Appointed to Foundation for Sickle Cell Disease Research Board of Directors
•Black Cyber Lawyers See Racial Diversity as Key to Data Safety, Bloomberg Law, ft. Avery Dial
•New Ransomware Advisory Warns of Penalties for Ransom Payments, Insurance Coverage Law Center
•Let’s Check Our Cybersecurity Before We Wreck Ourselves
•Cyberinsurance Now a Necessity, But Choose Coverage Wisely, Healthcare Risk Management, ft. Avery Dial
•Florida Supreme Court Says Frye Is ‘Still The One’, Law360
•Author, “Stuck in the 80s - Florida Statute 627.4265, a Legal Anachronism”, JD Supra, March 23, 2018
•Co-Author, “Burning Down The House - The Wyndham Decision Allows The FTC To Sue Businesses For Getting Hacked.” Fowler White Burnett, P.A. Legal Alert, September 14, 2015, Republished by JD Supra Business Advisor, September 18, 2015
•Author, “The Basics of Net Neutrality - What ‘You Oughta Know'”, JD Supra Perspectives, March 23, 2015
•Co-Author, “Undercover of the Night - Hacking, Data Breaches And The Terrorism Exclusion”, Fowler White Burnett, P.A. Legal Alert February 11, 2015, Republished by JD Supra Business Advisor, February 12, 2015
•Co-Author, “Land of Confusion: Insurance Coverage for Pre-Suit FCPA Investigation Costs Under D&O Liability Policies,” Fowler White Burnett, P.A. Legal Alert, August 12, 2014
•Co-Author, “Will Heartbleed Affect Data Breach Insurance Coverage?” JD Supra Business Advisor, April 15, 2014

News

•A Service Charge is Not a Tip: 11th Circuit Court Rules Restaurant Mandatory Service Charge is Not Considered a Tip
•Black Cyber Lawyers See Racial Diversity as Key to Data Safety, Bloomberg Law, ft. Avery Dial
•New Ransomware Advisory Warns of Penalties for Ransom Payments, Insurance Coverage Law Center
•WATCH OUT FOR SMOOTH CRIMINALS: REMAIN VIGILANT WITH CYBERSECURITY DURING THE PANDEMIC
•Avery Dial is Recognized as Florida Legal Elite

Speaking Engagements

•Panelist, “The Robot Will See You Now... Impact of Artificial Intelligence on Healthcare Professional and Products Liability and Coverage,” Crittenden Medical Insurance Conference, September 21, 2020
•Speaker, “Life of a Litigator,” University of Miami, Business Law for Entrepreneurs, March 2018
•Panelist, “Walking the Line Without Stepping Off- Is it Time for ‘What’s My Line’ or ‘Jeopardy’?” (Insurance Coverage and Bad Faith Topics), ALFA International Continuing Education Program, December 2017
•Speaker, “Data Breach and Privacy,” University of Miami, Business Law for Entrepreneurs, March 2017
•Speaker, “Data Breach, Privacy, and Confidentiality,” Broward County Bar Association 2016 Legal Malpractice Summit, October 2016
•Speaker, “Recent IP Malpractice Trends,” 7th Annual IP Symposium, Business Law Section of The Florida Bar, April 2016
•Speaker, “Litigation Considerations for Entrepreneurs” and “Insurance Coverage for Government Investigations,” University of Miami, Business Law for Entrepreneurs, April 2015
•Panelist, “Tripartite Relationships: The Ethical and Practical Considerations for Parties involved in Tripartite Relationships,” Claims Litigation Management Alliance Southern Chapter Educational and Networking Event, November, 2014
•Speaker, “The Life of an Insurance Coverage Breach of Contract Case,” University of Miami, Introduction to Business Law, April 2014
•Speaker, “Considerations for Entrepreneurs from a litigator’s perspective,” University of Miami, Business Law for Entrepreneurs, April 2014
•Speaker, “Performance, Breach, and Discharge,” University of Miami, Introduction to Business Law, April 2013
•Speaker, “Contract Remedies,” University of Miami, Introduction to Business Law, April 2013