Jacey  Kaps

Jacey Kaps focuses his practice on the retail, restaurant and lodging sectors. Jacey and his team have been recognized in 2012 for their representation of the retail sector by being named as Sears Holdings Corporation's “Go-To Firm for litigation” in the survey conducted by  American Lawyer and Corporate Counsel Magazines. Jacey helped write Florida Statute 768.0895 (enacted in 2011) which limits liability for employers of persons with disabilities. He represented the State's retailers in their constitutional challenge of Miami-Dade County's wage theft ordinance. In addition, he assisted in drafting the wage theft preemption bill presented to the Florida legislature in 2012. In 2010 he received the Chairman's Award from the Florida Retail Federation for his efforts on behalf of retailers in the State.

Jacey's team represents a wide range of clients with the depth and capabilities to handle the issues that matter to retailers including commercial and transactional disputes, construction disputes, intellectual property litigation, labor compliance, Medicare compliance, employment litigation, constitutional challenges and casualty litigation. He also consults with retail, restaurant and lodging businesses in overall litigation management and alternative dispute resolution programs. He writes for and edits Rumberger, Kirk & Caldwell's Retail Law Blog. http://www.rumberger.com/?p=4703

Jacey is one of the founding members of the Florida Retail Federation Chairman's Circle becoming its Chair in the inaugural year. He serves as the Vice Chair of the Defense Research Institute's Retail and Hospitality Committee. Jacey also sits on Rumberger's four person executive committee.

  • Education

    Nova Southeastern University, Shepard Broad Law Center - J.D. , 1995
    McGill University - B.A., History, with first class honors , 1991
  • Honors

    • Listed in Best Lawyers 2013
    • 2010 Florida Retail Federation Chairman's Award
    • Order of Barristers: Twice commended by the Florida Supreme Court for service to the Guardian Ad Litem Program
    • Awarded, Goodwin Research Fellowship; Public Service Fellowship
  • Bar Admissions

    • Florida (1995)
  • Court Admissions

    • U.S. District Courts of Florida (Northern, Middle, Southern)
    • U.S. Court of Appeals, 11th Circuit
  • Professional & Civic Activities

    • Retail Industry Leaders Association Retail Law Center, Member
    • Defense Research Institute
      • Vice Chair, 2011 Strictly Retail Conference
      • Vice Chair, Retail & Hospitality Committee
    • Risk and Insurance Management Society (RIMS), Associate Member
    • Florida Restaurant and Lodging Association, Allied Member
    • Florida Retail Federation, Chairman's Circle
    • American Bar Association
    • The Florida Bar
    • National Order of Barristers
  • Articles & Presentations

    • Co-Author, "The Regulatory Ordeal Of The Craft Distiller: Legal Processes And Considerations In Labeling Distilled Spirits," First published on The American Distilling Institute's website, www.distiller.com, May 2013
    • "Broward County Passes a Wage Theft Ordinance - The Effect on Retailers Who Do Business in Florida," The Florida Retail Federation Small Business Quarterly, Winter 2012
    • Co-Author, "Expecting the Unexpected - Protecting Your Business" Florida Restaurant & Lodging Magazine, September 2012
    • Talpins, S. and Kaps, H., “Reducing Liability from Dram Shop and Social Host Laws, ABL Insider at 5 (American Beverage Licensees Spring 2012)
    • Co-author with Stephen K. Talpins, “Reducing the Liability from Dram Shop and Social Host Laws,” Retail Beverage Council Education Seminar October 2011
    • "Product Liability Update for Retailers: Inherit the Whirlwind" DRI In-House Defense Quarterly, Summer 2011
    • "Riders of the Storm - Managing Retail During Catastrophic Events," Speaker and Author, DRI Strictly Retail Seminar, 2011
    • Retail Law Primer, Speaker and Author, Retail Industry Leaders Association (RILA) Retail Law Conference 2010
    • "Medicare Secondary Payer Act (MSP): What is It? and What Impact Will it Have?" , Co-author
    • "Employee Free Choice Act" ; Speaker, 2008 Florida Retail Federation Annual Meeting
    • “Mold Contamination and Water Intrusion Claims” , Lecturer
    • Reform of Florida’s Assisted Living Facilities Act,” Assisted Living Success Magazine,, Co-author
    • "Damages Update: Trends and Challenges Facing Retailers" , Panelist, DRI Strictly Retail Seminar, 2010
    • "Inherit the Whirlwind: Product Liability/CPSC Update" Speaker and Author, DRI Strictly Retail Seminar, 2010
  • Ratings and Certifications

    • AV Rated by Martindale-Hubbell


  • Florida
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