Darren A. Schwartz

Darren Schwartz represents clients in employment and civil rights matters. Additionally he handles administrative proceedings, casualty defense, commercial litigation, construction defect litigation, professional liability defense and appeals. As part of his employment practice, Darren consults with employers in the public and private sectors on compliance with state and federal law as well as hiring and termination decisions.  He consults on non-compete agreements and when necessary has litigated them. In the litigation portion of his employment practice, he defends employers against various claims of discrimination including harassment, retaliation, failure to promote, wrongful termination, whistle-blower and wage disparity.

Darren defends clients in cases involving claims of discrimination based on gender, race, national origin and religion under Title VII of the Civil Rights Act of 1964 and Chapter 760, Florida Statutes. He also defends against claims of age discrimination under the Age Discrimination in Employment Act of 1967 as well as claims under the American with Disabilities Act and the Family and Medical Leave Act of 1993. Included in his practice is the defense of cases involving allegations of defamation, battery, intentional infliction of emotional distress, tortious interference, and negligent supervision, retention and training. He handles cases involving various other common law and statutory causes of action arising out of the employment relationship. Darren routinely represents clients before the EEOC and the Florida Commission on Human Relations.

Representing individuals, businesses and public entities and institutions in civil rights cases is also a significant part of Darren's practice. He has defended clients against a variety of constitutional claims including those alleging violations of freedom of speech, election law violations, unlawful search and seizure, false arrest, malicious prosecution, excessive force, equal protection, due process, and cruel and unusual punishment. Defense of ADA accessibility claims is included in his practice.

Darren's administrative law practice includes the representation of clients in proceedings before the Florida Division of Administrative Hearings. During his career, he has represented clients in matters including employment, licensure and rule challenges.

The representation of clients in casualty defense, commercial litigation, construction defect litigation, professional liability, and appellate matters is part of Darren's practice. He has defended clients in premises liability claims involving retail establishments, hotels, bars, restaurants, apartment complexes and shopping centers. He has also handled motor vehicle claims. Darren has represented clients in a variety of commercial litigation matters including collections on behalf of lenders, commercial foreclosures, homeowner's association and real estate disputes as well cases involving claims of breach of fiduciary duty, fraud, and tortious interference. Darren has also litigated covenants not to compete, class action matters, claims of conspiracy and cases in which the economic loss rule is implicated. In the appellate portion of his practice, Darren has handled numerous matters during his career.  Darren has represented lawyers,  accountants, architects and insurance agents and agencies in professional liability matters.

Outside of the litigation arena, Darren is a regular speaker on topics related to employment and civil rights matters.  In 2001, he was a member of the Committee of Harassment Policies in Leon County, Florida.



  • Education

    Samford University, Cumberland School of Law - J.D., 1990
    Florida State University - B.S., Political Science, 1987
  • Honors

    • Listed in Florida Super Lawyers 2009, 2010, 2011, 2012
  • Bar Admissions

    • Florida (1990)
  • Court Admissions

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

    • American Journal of Trial Advocacy, Member
    • Cumberland Board of Trial Advocacy
    • The Florida Bar, Labor and Employment Law Section
  • Articles & Presentations

    • Gallagher v. Manatee County: The Sovereign Immunity Cap for FCRA Claims Includes Attorneys' Fees and Costs," Vol. 80, Florida Bar Journal No. 5 , Author
    • “SLAPP Suits: An Assault on the Right to Petition the Government,” 66 Florida Bar Journal No. 3 , Co-author
    • Gross v. FBL Financial Services, Inc.: Time to Apply the “But For” Burden of Proof to FCRA Discrimination Claims, Florida Bar Journal, July/August 2012, Vol. 86, No. 7
  • Ratings and Certifications

    • AV Rated by Martindale-Hubbell
 
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