Exceptional, Value-Driven, and Practical Solutions.
Exceptional, Value-Driven, and Practical Solutions.
Young Foster is guided by the principles of tireless effort, intellectual rigor, and respect for our clients, adversaries, and the system in which we labor.
We are nationally certified by the Florida State Minority Supplier Development Council.
Michael Foster has a commercial trial practice. General business litigation (including litigation supervision and management), bankruptcy litigation, and insurance disputes lie at its core. He has represented clients in matters involving the breach of a wide variety of contracts, the liability of directors, officers and shareholders, real estate and land use disputes, guarantor liability, professional liability, intellectual property, unfair trade practices and marketing claims, the enforcement of non-compete agreements, and various business torts. As a subset of his business litigation practice, Michael represents businesses, fiduciaries, and individuals in insurance coverage disputes. Michael's practice also includes a substantial amount of bankruptcy litigation, including the defense and prosecution of fraudulent transfer claims, preference claims, non-dischargeability actions, turnover actions, fiduciary liability claims, and claims objections.
Michael has represented businesses and individuals from a wide variety of industries (including, construction and development, real estate, technology, consumer goods, pharmaceuticals, retail, food service, manufacturing, entertainment, finance, insurance, and general and professional services), along with receivers, trustees, and not-for-profit entities.
The Florida Bar, 1995
United States District Courts - Southern, Middle, and Northern District of Florida
United States Bankruptcy Courts - Southern and Middle District of Florida
United States Court of Appeals, Eleventh Circuit
Emory University School of Law, Atlanta, Georgia
Juris Doctor, May 1994
University of Miami, Miami, Florida
Bachelors of Business Administration, May 1990
South Florida Legal Guide – Top Lawyer/Top Up & Comer, 2004 – Present
Thompson Reuters – Florida Super Lawyer, 2013 – Present
Florida Trend Magazine – Legal Elite, 2011, 2019 – Present
Daily Business Review Most Effective Lawyers – Finalist, 2008, 2010
Put Something Back Pro Bono Service Award, 2008
AV Preeminent Peer Review Rating by Martindale-Hubbell
Daniel Young is Board Certified in construction law by the Florida Bar. Board certification recognizes an attorney’s special knowledge, skills, and proficiency in an area of law, and professionalism and ethics in practice. Daniel has focused his practice in construction law since 1999, and was in the inaugural class of lawyers to be certified in construction law. He has extensive experience prosecuting and defending all manner of private and public construction disputes in federal court, state courts throughout Florida, and before arbitration panels.
In addition to being a member of the Florida Bar, he is admitted to practice in all federal and bankruptcy courts in Florida, the United States Court of Federal Claims, and the United States Court of Appeals for the Eleventh Circuit. Daniel has represented contractors, subcontractors, sureties, design-builders, design professionals, and owners. With his construction litigation experience, he is an adept negotiator and drafter of construction contracts. Daniel also serves as General Counsel to the National Utility Contractors Association (NUCA) of South Florida, and is on the Board of Directors of NUCA of Florida.
The Florida Bar, 1992
- Board Certified in Construction Law, 2005 - Present
United States District Courts - Southern, Middle, and Northern District of Florida
United States Bankruptcy Courts - Southern, Middle, and Northern District of Florida
United States Court of Federal Claims
United States Court of Appeals, Eleventh Circuit
Florida State University College of Law, Tallahassee, Florida
Juris Doctor, with Honors, December 1991
- Journal of Land Use & Environmental Law
Florida State University, Tallahassee, Florida
Bachelor of Science, April 1989
- William G. & Marie Selby Foundation Scholarship
Gary D. Sawyer Award, Associate Member of the Year, NUCA of Florida - 2014
Member of the Year, Underground Contractors Association of South Florida, Inc. - 2017
Andrew J. Mayts Award, Board Member of the Year, NUCA of Florida - 2021
AV Preeminent Peer Review Rating by Martindale-Hubbell
We help our clients achieve value-driven results.
We counsel our clients regarding a wide variety of construction-related matters including the negotiation and drafting of design and construction contracts, construction financing, surety issues, and risk management. We also have an extraordinary track record of success representing clients in the full range of construction-related disputes arising from bid protests, design and construction contracts, construction defect and delay claims, payment and performance bond claims, insurance coverage, construction liens, and warranty claims. We have substantial experience litigating in administrative proceedings, federal and state courts, as well as in mediation and arbitration.
General business litigation (including litigation supervision and management) and bankruptcy litigation lie at the core of our commercial trial practice. We represent clients in matters involving the breach of a wide variety of contracts, the liability of directors and officers, real estate and land use disputes, guarantor liability, professional liability, intellectual property, unfair trade practices, non-compete agreements, ownership disputes, and business torts. Our practice also includes bankruptcy litigation covering the defense and prosecution of fraudulent transfer claims, preference claims, non-dischargeability actions, turnover actions and claims objections.
We represent policyholders, trustees, receivers, and insurance carriers in complex insurance coverage disputes and bad faith litigation. These disputes involve the full range of insurance products (e.g., property and casualty, commercial general liability, D&O, pollution, professional liability and various specialty products). We are regularly engaged by insurers, policyholders, and their counsel to provide expert testimony and advice concerning the interpretation of insurance policies. We also have been privileged to be engaged as counsel to the receivers of failed insurers.
Represented the prime contractor in a jury trial, and appeal, relating to the construction of a multi-level parking garage on the campus of a state university.
Represented the prime contractor in an international arbitration in connection with the construction of any airbase in the middle east.
Represented the design-builder of a biosolids processing facility in “upstream” arbitration concerning permitting and “downstream” litigation involving design.
Represented a contractor in an appeal reversing a trial court’s decision finding that an insurer’s declination of coverage was proper.
Routinely counsel contractors and subcontractors in the risk-analysis, negotiating, and drafting of construction contracts.
Represented the state receiver of various failed insurers in the successful investigation and prosecution of directors and officers’ litigation, bankruptcy litigation, insurance coverage litigation, and related appeals.
Represented the post-confirmation plan administrator of a large Chapter 11 case involving victims of a bridge collapse and hundreds of vendors and suppliers, in prosecuting avoidance litigation and administering claims.
Represented a national retailer successfully prosecuting an innovative legal theory to obtain modification of a lease in a major tourist destination and entertainment center based on the COVID-19 pandemic.
Represented the former directors and officers of a failed marketing company in litigation involving claims of defamation and defamation per se.
Represented a technology company in prosecuting litigation to protect its intellectual property, and enforce its non-disclosure and non-competition agreements.
Ongoing representation of bankruptcy trustees in avoidance, directors and officers, insurance coverage litigation, and general commercial litigation.
Represented a primary insurer in a lawsuit by an amusement park claiming a bad faith refusal to settle claims arising from a multi-casualty accident at a theme park. After a multi-week jury trial, the insurer obtained a defense verdict and recovered its attorneys’ fees incurred in defending the lawsuit.
Represented an attorney who successfully obtained coverage and reimbursement of attorneys’ fees and costs incurred in the defense of claims for breach of fiduciary by a trust beneficiary. At issue were the applicability of “intentional act” and “business enterprise” exclusions.
Represented the receiver of a property and casualty insurer in the investigation and successful prosecution of Directors and Officers litigation, and associated insurance coverage litigation considering the scope of the term “related wrongful acts.”
Represented the Chapter 7 Trustee of a bankrupt homeowners’ association in the investigation and successful prosecution of Directors and Officers litigation, and associated insurance coverage litigation considering the applicability of the “prior acts,” “prior litigation” and “prior occurrence” exclusions.
Represented a shopping center owner in the successful prosecution of litigation through appeal involving the duty to defend and the applicability a the “tenants and contracts” endorsement in a commercial general liability insurance policy.