Doug Kilby is a shareholder with the firm and practices in the areas of business litigation, antitrust, and consumer protection law, with an emphasis on matters before the Attorney General’s office. Before joining Ausley McMullen, he worked in the Economic Crimes (Antitrust) Division of the Office of the Florida Attorney General, and has served as general counsel to a regional transportation company. Doug regularly advises clients in business disputes, including class action lawsuits that are being investigated or sued by the Florida Attorney General. Doug has achieved AV® Peer Review Rating and AV Preeminent status by Martindale-Hubbell. Additionally, he has been consistently selected by his peers as a member of Florida Trends’ “Legal Elite,” and Florida “Super Lawyers.”
Douglas L. Kilby practices in the areas of business litigation, trade regulation, and governmental law with an emphasis on matters before the Attorney General’s office. Before joining Ausley & McMullen, he worked in the Economic Crimes (Antitrust) Division of the Office of the Florida Attorney General, and has served as general counsel to a regional transportation company. Doug regularly advises clients in business disputes, including class action lawsuits, and clients that are being investigated or sued by the Florida Attorney General. These investigations have been based on Florida’s deceptive and unfair trade practice act (FDUTPA), and Florida's Antitrust, RICO, CAN-SPAM, and Medicaid Fraud statutes.
Doug started his practice in San Diego, California, representing commercial lenders in business litigation and bankruptcy matters. He continues to represent commercial institutions in state and federal court, and has also represented creditors and trustees in bankruptcy matters. Doug has achieved AV® Peer Review Rating and AV Preeminent status by Martindale-Hubbell. Additionally, he has been consistently selected by his peers as a member of Florida Trends’ “Legal Elite,” and Florida “Super Lawyers.”
University of Florida, B.A. 1986
University of Virginia, J.D. 1990
Articles Review Editor, Virginia Journal of International Law
LICENSES AND CERTIFICATIONS:
State Bar of Florida (admitted 1995)
State Bar of California (admitted 1990; inactive)
United States District Courts for Middle and Northern Districts, Florida
United States District Courts for Southern and Central Districts, California
Florida Bar Association, Litigation Section
American Bar Association, Litigation and Antitrust Sections
AV rating, Martindale-Hubbell
Inductee, Florida Legal Elite, Florida Trend Magazine, 2007 - 2016
Inductee, Super Lawyers, 2009, 2012-2016
Co-Chair, Editorial Board, 2013 Review of Consumer Protection Law Developments, published by the Antitrust Law Section of the American Bar Association
Member, Editorial Board, 2011 Review of Consumer Protection Law Developments
Consumer Protection Law Committee, The Florida Bar (Chair, 2008-2009; Vice-Chair, 2006-2008)
Leon County Schools Foundation, Member of Board of Directors (2005 – 2008)
Leadership Tallahassee, Class XX (2002 – 2003)
PRESENTATIONS AND PUBLICATIONS:
“Class Actions: Hot Topics and Future Trends” – presented an overview of the class action rules and recent holdings at the Florida Bar’s Annual Convention on behalf of the Consumer Protection Law Committee of the Florida Bar (presented June 24, 2017)
“FTC’s Latest Revisions to the Green Guides,’ published in What’s In Store, the newsletter of the Section of Antitrust Law’s Consumer Protection Committee, Volume 18, No. 1, Winter 2013
“Seller Beware: An Overview Of The FTC's New Business Opportunity Rule,” published in What’s In Store, the newsletter of the Section of Antitrust Law’s Consumer Protection Committee, Volume 17, No. 1, Spring 2012
“State Consumer Protection Laws - Enforcement and Litigation Trends in Florida” – organized and moderated panel presentation sponsored by the Private Advertising Litigation, Consumer Protection, State Enforcement, and Business Torts & RICO Committees of the Antitrust Law Section of the American Bar Association (presented July 19, 2011)
“Facilitating Unfair Trade Practices: The FTC Makes a Check-Writing Software Company Pay For Ignoring Warning Signs of Fraud,” published in What’s In Store, the newsletter of the Section of Antitrust Law’s Consumer Protection Committee, Volume 15, No. 2, Fall 2010
“Clash of the Titans: 1st Amendment vs. Property Rights,” presented to the Florida Association of Police Attorneys, Tallahassee, Florida, April 9, 2010
“Consumer Law Update,” presented to the ABA Section of Antitrust Law, Consumer Protection Committee, January 13, 2010
Panelist (Hurricane Panel), Florida Consumer Law Symposium, presented by The Florida Bar Consumer Protection Law Committee and the Office of the Attorney General, May 16, 2006
“Ethical Issues in Depositions,” presented by Lorman Education Services, March 23, 2005
Defended local governments in putative class action regarding alleged unconstitutional special assessment; motion for class certification denied.
Defended Fortune 500 companies in putative FDUTPA class actions, including cases involving flushable wipes, sunscreen, fuel surcharges, and movie rentals.
Defended regional bank in putative class action, successfully enforcing arbitration clause with class action waiver. Chason v. Capital City Bank, 20 Fla. L. Weekly Supp. 133a (Fla. Cir. Ct. Oct. 23, 2012), aff’d per curiam, 116 So. 3d 1265 (Fla. 1st DCA 2013)
Represented large grocery store chains in obtaining declaratory judgments enabling companies to exclude petition gatherers from soliciting signatures on privately owned property.
• Whole Foods Market Group, Inc. v. Sarasota Coalition for a Living Wage, 2010 WL 2380390 (Fla.Cir.Ct.)
• Publix Super Markets, Inc. v. Tallahasseans for Practical Law Enforcement, 2005 WL 3673662 (Fla.Cir.Ct.)
Represented world’s largest sports agency in action to enjoin defecting agent from taking agency clients immediately prior to NFL draft; injunction granted.
Represented health care provider in bid protest resulting in State agency reversing award of multi-million dollar contract to competing health care provider.
Represented bankruptcy trustee in action to locate and recover assets transferred overseas by debtor, resulting in 100% recovery for creditors of estate.
Represented corporate debtor in bankruptcy in fraudulent transfer and breach of fiduciary duty action against debtor’s former officers and affiliates, resulting in significant recovery for debtor.
Represented shareholder in action to remove officer of corporation for breach of duty of loyalty, largely based upon recovered electronic files deleted by former officer from company laptop, resulting in shareholder acquiring full control of company.