Nicole Sieb Smith
Nicole Sieb Smith represents national and local businesses and institutions in diverse litigation matters with a focus on employment defense and commercial matters. An experienced litigator, Nicole represents clients in state and federal courts at both the trial and appellate levels, as well as before administrative boards.
Nicole represents employers in the public and private sectors in cases involving claims of discrimination, harassment, whistle-blower violations, wrongful termination, retaliation, and violation of civil rights. She has particular experience in defending website inaccessibility claims brought under the ADA and the Rehabilitation Act. She is also an experienced speaker on the topic of website accessibility, and is able to assist her clients to identify the legal considerations involved in auditing and remediating web content and to retain appropriate consultants.
Nicole represents individuals and companies in commercial litigation matters including contract and real estate disputes. Additionally, Nicole is part of a team of lawyers that handles commercial foreclosure and other real estate litigation matters, and represents attorneys, developers, brokers, title and closing agents against malpractice claims. Nicole also has experience representing insurance companies in a variety of coverage issues and in the prosecution of recovery actions to combat insurance fraud.
RumbergerKirk attorneys Josh Lerner and Nicole Smith secured a final summary judgment in MSP Claims 1, LLC v. Infinity Auto Insurance Company in the U.S. District Court for the Southern District of Florida. Plaintiff, an alleged three times removed assignee of a Medicare Advantage Organization, sued for double damages under the Medicare Secondary Payer Act. Plaintiff claimed Infinity was a primary payer under Medicare but had failed to make primary payments for Medicare covered services provided to the original assignor’s enrollee. After the completion of discovery, both parties moved for summary judgment.
The original assignment required the approval of the original assignor to any subsequent assignments. Plaintiff testified in deposition that such approval had been secured orally in conversations between its lead counsel and representatives of the original assignor but there was no other evidence of that. And, plaintiff successfully obtained a protective order when Infinity sought to depose its counsel. In opposition to summary judgment, although it submitted an affidavit of its lawyer, plaintiff was unable to produce admissible evidence showing it received the required approval. This was one of a plethora of cases this and related plaintiffs have filed in Florida and elsewhere seeking recovery under the Medicare Secondary Payer Act for payments that, allegedly, others, not Medicare, should have paid.
- Banking and Financial Institutions
- Florida Association of Association Executives
- Florida Bar Association
Vice Chair, Student Education and Admissions to the Florida Bar Committee (2008-2011)
- Tallahassee Association of Women Lawyers (TAWL)
University of Miami School of Law — J.D., magna cum laude, 2005
- Staff Editor for the Inter-American Law Review
- Member of the Executive Board of the Moot Court Board
- Member of Duberstein National Bankruptcy Moot Court Team
- Intern for the Center for Ethics and Public Service
- Thomas Ewald Award (Highest award given in Litigation Skills Program)
- Order of the Coif
- Order of Barristers
Smith College — B.A., cum laude, 1996
London School of Economics and Political Science — General Course, 1995
- Florida — 2005
- U.S. Court of Appeals, 11th Circuit
- U.S. District Courts of Florida (Southern, Middle, Northern)
- Listed in Florida Super Lawyers Rising Star 2012, 2013, 2014
- Co-Author, "Fifth DCA Finds Florida’s Private Whistleblower Act Requires Proof of But-For Causation," December 15, 2020
- Author, "Remain Mindful Of ADA Mask Policies," Independent Retailer, October 6, 2020
- Co-Author, "INSIGHT: Can Retailers Refuse to Serve Maskless Customers? Check ADA Rules," Bloomberg Law, September 16, 2020
- Co-author, "Coronavirus Q&A: A Legal Resource Guide for Employers, March 2020
- Author, “How Businesses Can Defeat Website Accessibility Lawsuits,” Bloomberg Law, December 13, 2019
- Author, "More ADA Lawsuits Targeting Mobile Apps Are Likely Ahead," Law360, October 2019
- Presenter, "How to Avoid Expensive ADA Website Accessibility Claims," Association of Corporate Counsel South Florida, October 2019
- Author, "What Law Enforcement Executives Need To Know About Website Accessibility Claims," Red Alert Email, Florida Police Chiefs Association, April 25, 2019
- Presenter, "Legal Topics," Florida Society of Association Executives Tallahassee Roundtable, September 26, 2018,
- Co-Author, "5 Reasons Your Sexual Harassment Training Isn’t Working," Law360.com, December 7, 2017
- "Blind Plaintiff Prevails in First-of-Its-Kind ADA Website Accessibility Trial against Grocery Store Chain," June 14, 2017
- Presenter, “What You Need to Know about ADA Website Accessibility Claims,” Live Webinar Presentation to Willis Towers Watson, Risk Control and Claim Advocacy Practice, May 2017
- "FCRA Retaliation Claims Require Proof of But-For Causation According to Fourth DCA," April 2017
- "What Restaurants Need to Know About Website Accessibility Claims," Florida Restaurant & Lodging Magazine, Spring 2017
- Presenter, "Recent Developments in State & Federal Employment Law" and "Responding to EEOC and State Agency Charges," NBI Advanced Employment Law Seminar, February 2017
- "What to Know About Website Accessibility Claims," PGIT Preferred News, Winter 2016
- “How to Avoid Expensive Website Accessibility Claims,” Live Webinar Presentation to the Florida Retail & Lodging Association, November 2016
- “How to Avoid Expensive Website Accessibility Claims,” Live Webinar Presentation to the Florida Retail Federation, November 2016.
- Co-Author, "What to Know About Website Accessibility Claims," June 2016
- Co-Presenter - Social Media and Texting - Considerations and Practice Pointers 23rd Annual Joint DIF/SIU Conference - Fighting Insurance Fraud Through Education and Commitment, June 2015
- Co-Presenter, "Maximizing Recovery in the Wake of Insurance Fraud," 22nd Annual FIFEC Conference, June 2014