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Introduction
Porpoise Evans is a partner at PBY&A. He counsels public and private companies, and represents their interests in connection with government investigations and legal disputes. Mr. Evans has found that his ability to obtain creative resolutions can be just as valuable to his clients as his skills as an experienced litigator. Mr. Evans focuses his practice on litigation and compliance, including counseling and representing management in employment disputes such as wage & hour, discrimination and contract claims; against alleged violations of the Americans with Disabilities Act and the Fair Housing Act; and in securities litigation, including FINRA arbitrations. He also conducts in-market risk assessments and designs and implements comprehensive anti-corruption compliance programs for multinational companies subject to the Foreign Corrupt Practices Act (FCPA), with an emphasis on leading such compliance initiatives in sub-Saharan Africa.
Practice Areas
Litigation
ADA and FHA litigation
Commercial litigation
Employment counseling and litigation
FCPA compliance and investigations
Securities litigation, including FINRA arbitrations
Education
J.D., magna cum laude, University of Miami School of Law, 2002 - Order of the Coif
A.B., Brown University
Professional Associations & Memberships
Florida Bar
- Executive Council Member, Entertainment Arts and Sports Law Section
- Member, Diversity and Inclusion Committee
Dade County Bar Association, Chair, Labor and Employment Law Committee, 2015 - present
U.S. Court of Appeals for the Eleventh Circuit
U.S. District Court for the Middle District of Florida
U.S. District Court for the Northern District of Florida
U.S. District Court for the Southern District of Florida
U.S. District Court for the Eastern District of Michigan
National Bar Association, Commercial Law Section
American Bar Association
- International Law Section – Africa and Anticorruption Committees
- Vice Chair for Publications of the Africa Committee of the Section of International Law
- Labor and Employment Law Section
Seminars and Presentations
Panelist, "Human Resources and Employment Matters", Goldman Sachs 10,000 Small Business - Legal Clinic, April 2016
Lecturer, "Legal Consultation Breakout Session", Goldman Sachs 10,000 Small Business - Legal Clinic, April 2016
Speaker, "ADA, FMLA, and Workers' Compensation Seminar", Miami, March 2016
Panelist and Moderator, "GBA’s Arbitration and Anti-Corruption Forum", Accra, Ghana, July 2015
Panelist, "Arbitral Awards and Anti-Bribery/Anti-Corruption Compliance and Transnational Enforcement Panel, AML and Data Privacy", Ghana Bar Association Arbitration Conference, July 2015
Speaker, "Technology and E-Discovery Issues in Entertainment Law: The Sony Pictures Hack and Beyond", The Florida Bar's Entertainment, Arts & Sports Law Annual Retreat, 2015
Presenter, 7th Annual "Hiring & Terminating: The Ins and Outs of Employment Law" seminar, Miami, October 2014
Panelist, "Off-The-Clock Claims Arising from Employee Use of Mobile Devices and Remote Work Access," National Forum on Wage & Hour Claims and Class Actions, January 2014
Lecturer, "FINRA Arbitration - The Defense Perspective," Securities Litigation Clinic, University of Miami, 2013 and 2015
Panel Moderator, "Is the Web Accessible?" Social Media and the Law Symposium, University of Miami Law Review, February 2013
Panelist, "The Cost of Human Trafficking," Annual Conference, ABA Labor and Employment Law Section , November 2012
Lecturer, "How to Prepare a FINRA Arbitration Case," Securities Litigation Clinic, University of Miami, March 2012
Panelist, "Pro Bono: Benefiting the Community and Enhancing Your Career," University of Miami School of Law, 2011-2012
Panelist, Independent Film and the Law Seminar - Protecting Against Intellectual Property Claims, Jacksonville Film Festival, October 2011
Presenter, Updates to ADA Regulations and Case Law, CLE, 2010
Articles and Publications
Contributing Author, “American Bar Association International Law Section/Africa Committee -- 2015 Year In Review ,” ABA 2015
Co-Author, "Sub-Saharan Africa's Performance in this Year's Corruption Perception Index," GT Alert, December 5, 2013
Co-Author, "Foreign Corrupt Practices Act," Supplements to International Labor & Employment Laws: Extraterritorial Application of U.S. Laws, BNA, 2009-2013
Representative Matters
Conducted market-based risk assessment for foreign subsidiaries of global telecom distributor and on-site training of personnel during implementation of enhanced compliance program.
Assisted foreign subsidiary of major retailer in implementation of enhanced compliance program, including due diligence, financial controls, and employee training on policy/procedures.
Represented international engineering firm before SEC and DOJ in connection with FCPA investigation.
Defended major accounting firm in action brought by investors for alleged violations of GAAS, GAAP, aiding and abetting audit client’s breaches of duties and related claims.
Counseled and defended municipalities and commercial landlords, affordable housing developers, hotels, restaurants and retail stores against claimed violations of Titles II and III, of the Americans with Disabilities Act and the Fair Housing Act.
Defended international broker-dealer against actions brought by public employee pension funds for breach of fiduciary duty, fraud and negligence.
Defended international banking institution against claims of fraud, racketeering and civil conspiracy.
Defended international and regional broker-dealers against hundreds of actions brought by individual investors in arbitration and federal courts.
Honors
Rated, AV® Preeminent 5.0 by Martindale-Hubbell
Fellow, Wm. Reece Smith, Jr. Leadership Academy, Class II, 2014-2015
Winner, Legal Luminary by the Dade County Bar Association, 2016
South Florida Legal Guide, "Top Lawyers - Labor & Employment" 2016
South Florida Legal Guide, "Top Lawyers - Securities, Litigation & Arbitration" 2016
South Florida Legal Guide, "Top Up & Comers" 2013-2015
Super Lawyers®, 2009-2016 ("Rising Star," 2009-2012)
Florida Trend, "Legal Elite, Commercial Litigation" 2013
Florida Trend, "Legal Elite, Labor & Employment" 2015-2016
Team Member, Law360 "Employment Practice Group of the Year," 2011 and 2013
Higginbotham Fellow, American Arbitration Association, 2013
Legacy Miami and Miami Herald, "Legacy Legal Leader" 2012
"40 Under 40 - Outstanding Lawyer of Miami," The Cystic Fibrosis Foundation, 2009
Inaugural "Community Advocacy Award," Dade County Bar Association, Put Something Back Program, May 2009
Civic & Community Involvement
Previous Experience
Greenberg Traurig, LLP, Shareholder
McDermott, Will & Emery, Associate
Miami-Dade County Public Defender’s Officer, Certified Legal Intern
The Honorable U.S. Magistrate Judge John J. O’Sullivan, Summer Intern
