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Tara E. Faenza

PARTNER

Tara E. Faenza is a Partner at the Miami-based law firm Pathman Law, LLC. Ms. Faenza’s practice is comprised of commercial litigation with a special focus on employment, construction, and complex commercial matters. Ms. Faenza is a dynamic trial attorney with a tremendous courtroom presence and strong writing skills. Ms. Faenza is skilled at handling a vast array of defense and complex commercial litigation matters including first- and third-party claims (property damage and bodily injury), construction defect, premises liability, products liability, employment liability, and professional liability. Ms. Faenza’s work includes first- and third-party claims and litigation includes residential, commercial, machine breakdown, and other complex litigation matters. Ms. Faenza represents insurance carriers, construction companies, contractors, property owners, subcontractors, suppliers, manufacturers, distributors, and corporations in state and federal courts in Florida. Tara’s employment practice focuses primarily on defending claims involving the Fair Labor Standards Act (“FLSA”), Title VII, ADA, ADEA, and other discrimination and wage-related claims.

Prior to joining Pathman Law, LLC, Ms. Faenza was an Assistant State Attorney at the Miami-Dade State Attorney’s Office, taking more than 20 cases to jury trial and more than 80 bench trials. Ms. Faenza is a skilled and talented litigation and has represented both plaintiffs and defendants and has first chair trial and arbitration experience. Following her graduation from the University of Miami School of Law, cum laude, Ms. Faenza passed the bar exam in both Florida and Illinois where she is currently licensed to practice law.

Mr. Faenza’s approach to litigation is to place the client’s best interest at the forefront of her strategy. Ms. Faenza’s style is aggressive, strategic, and measured, with the end goal in mind. Ms. Faenza believes in her clients and their success not only in a lawsuit, but in their existence.

Accolades

  • Florida Super Lawyers Rising Star (2016-2023)
  • Florida Trend Legal Elite 2018; AVVO – Top Contributor Award (2015-2017)
  • Dade Legal Aid / Put Something Back Pro Bono Project – Pro Bono Award 2017
  • Dean’s Certificate of Achievement Award, Alternative Dispute Resolution, 2013
  • Honors – Litigation Skills Pretrial and Trial Courses, 2012
  • Constangy, Brooks & Smith Diversity Scholars Award, Southern Region, 2012

Representative Experience

  • Defended EPLI matters, including wage and hour, discrimination, and other claims. Coordinated with experts in defense of DOL claims and contract disputes, wage theft claims, and NLRA defense.
  • Pre-suit and litigation matters involving non-competition, non-solicitation, and confidentiality issues.
  • Employment investigations and C-suite and other separations and investigations of breach of fiduciary duty.
  • Catastrophe, weather and storm claims to residential and commercial properties in Florida (Irma, Michael, Ian) including Examinations Under Oath (“EUOs”), building inspections, work with adjusters/appraisers, investigative work, and expert witnesses on the consulting and trial level. Litigated several of these matters in Florida federal and state courts, including the South District of Florida in Miami, Fort Lauderdale, and the Central District of Florida, Tampa and Orlando.
  • EUOs, facilitating/compelling appraisal and/or non-binding arbitration for claims in Florida and Texas involving (a) wind/storm damage claims to buildings, (b) business property claims (valuation and causation), (c) fire damage and (d) fraudulent / frivolous claims including prior construction defect cases/special investigation unit (SUI) issues.
  • Counsel on matters involving third-party claims, e.g., high-profile matters such as firearms (shootings), stabbings, trampling, and other serious injuries to third parties.
  • Conducted investigation of and represented insured property owner/employer of a former employee sued in multiple subrogation matters for a multimillion-dollar condominium association fire loss causing substantial damage to multiple units and portions of the HOA common areas. Investigation of the former employee revealed a pending guardianship case, which resulted in the former employee and key witness being deemed incompetent. Cases settled with full releases for a small portion of the alleged losses.
  • Handled Hurricane Ian claim involving condominium’s multimillion-dollar claim in which examination and investigation revealed fraud. HOA manager lied under oath about prior damage. Located prior lawsuit 10 years before with a complete expert witness report of an allegedly improperly constructed roof, which needed to be completely replaced, filed by the claimant. Cross-reference of public records and permits revealed the flat roof had not been replaced at any time. Counsel for the claimant declined to file suit for the claimant, and claimant surrendered the policy and took a nominal settlement.

Practice Areas

  • General Litigation
  • Complex Commercial Litigation
  • Construction Litigation
  • Employment Litigation Defense
  • Employment Administrative / Agency Defense
  • Agreements, including distribution, employment, licensing, manufacturing, non-compete and confidentiality agreements
  • ADA accommodation defense

Professional Memberships

  • The Florida Bar
  • United States District Court of the Southern District of Florida
  • United States District Court of the Middle District of Florida
  • United States District Court of the Northern District of Florida
  • The Illinois Bar
  • United States District Court of the Central District of Illinois
  • Florida Bar Labor & Employment Section (2021-present)
  • National Employment Law Council (NELC) (2020 – present)
  • Wilkie D. Ferguson, Jr., Bar Association (2019-present)
  • Florida Association of Women Lawyers (2016 – present)
  • The Asian Pacific American Bar Association of South Florida (APABA) (2016 – present)
  • Miami-Dade County Bar Association (2016 – present)
  • Class V of Dade Legal Aid’s Leadership Academy (2019- 2020)
  • Dade Legal Aid / Put Something Back Pro Bono Guardian ad Litem (2016-present)
  • Business Networking International (2019-present) BNI Biscayne Connections Member

Presentations

  • “Has Covid Changed the Labor & Employment Landscape for Good?”, Florida Association of Women Lawyers Corporate Summit, May 2021.
  • Insurance Law Basics, Southeastern Paralegal Association, May 2021.
  • ADP Client Event, 2020 Employment Law Seminar, January 2020.
  • Women of Distinction, Introduction to Hon. Bronwyn Miller, April 2019.
  • “In the Crosshairs: Gun Rights v. Employer Liability”, The Checkoff, A Publication of the Florida Bar Labor & Employment Law Section, Jan. 10, 2020.
  • “The Silent Dignity of Confidential Settlements in a #Metoo Era,” The Checkoff, A Publication of the Florida Bar Labor & Employment Law Section, Aug. 23, 2019.
  • Third DCA: “Juries, Not Insurers, Have Final Say in Damage Estimates Disputes”, Daily Business Review, July 16, 2018.
  • Panelist Commentator, WPLG This Week in South Florida, 2017.
  • “Promises Made in Severance Agreements: What do they Mean, Why are They There, & Are They Legal?”, 2016 EEOC Miami Technical Assistance Seminar.
  • “Social Media policies and Title VII and the NLRA”, South East eDiscovery & IG Retreat, 2016.
  • Employment Law, Dade County Chiropractic Society Attorney Roundtable, 2016
  • Commencement Speaker, University of Miami, 2013.

Education

  • University of Miami School of Law, 2013, cum laude, Employment, Labor & Immigration Certificate.
  • Bachelor of Science, 2003, Business Management, University of Phoenix, San Francisco Campus