Shane B. Vogt

Attorney

Shane is a highly accomplished trial lawyer who prides himself on having a tireless work ethic and relentless commitment to his clients. He focuses his practice on defamation, privacy, entertainment, intellectual property, and complex business litigation. Shane has been at the forefront of some of the past decade’s most high-profile and legally significant First Amendment cases, positioning him as one of the country’s leading attorneys prosecuting speech and privacy claims against large media and entertainment companies.

In 2016, Shane played a prominent role in the jury trial of Terry Bollea’s (“Hulk Hogan”) invasion of privacy case against Gawker, resulting in a $140.1 million[i] verdict—one of the largest verdicts ever against a media company in an invasion of privacy case—and a permanent injunction[ii] against the use, exhibition, and dissemination of secretly-recorded video of Mr. Bollea. Shane currently represents Gov. Sarah Palin in her defamation lawsuit against The New York Times, which survived summary judgment in 2020[iii] and is slated for trial in June 2021. Shane was also part of the team that prosecuted a ground-breaking false advertising claim under the Lanham Act against Warner Bros. involving the movie War Dogs, which survived a motion to dismiss based on the First Amendment.[iv]

 Over the past several years, Shane has helped several high-profile clients who were being victimized by threatening and harassing emails and defamatory online postings obtain permanent injunctions against tortious speech. For example, in 2016-2017, Shane helped Bishop Charles E. Blake, Sr. obtain and enforce a permanent injunction against defamatory YouTube videos, resulting in the jailing of the defendant in that case for contempt and the removal of all the defamatory videos.[v] In 2019, Shane helped Marion P. Hammer obtain a permanent injunction prohibiting several individuals from sending her threatening and harassing emails.[vi]

 Although Shane often represents clients prosecuting claims for reputational harm, invasions of privacy, and violations of intellectual property rights, he also has a strong track-record defending individuals and companies facing these types of claims. In 2015, Shane helped defend boxer “Sugar” Shane Mosley against a lawsuit brought by Don King that sought to stop a pay-per-view boxing event, including obtaining the denial of a motion for a temporary injunction and dismissal of the case on jurisdictional grounds.[vii] In 2017, Shane was part of the team that defended Robert Ritchie’s (“Kid Rock”) First Amendment rights against injunctive relief and trademark infringement claims brought by Feld Entertainment (a/k/a “Ringling Bros.”).[viii] And in 2019, Shane helped secure one of Florida’s first appellate decisions enforcing Florida’s revamped anti-SLAPP statute, following which a developer’s counterclaims brought against a group of homeowners for exercising their First Amendment rights were dismissed.[ix]

Shane has been Board Certified by The Florida Bar in Business Litigation since 2015, and is currently seeking certification in Civil Trial Law. Board Certification is The Florida Bar’s highest level of evaluation of an attorney’s competency and experience, and it recognizes only those who meet The Bar’s highest standards for special knowledge, skills, and proficiency, as well as professionalism and ethics in the practice of law. In 2016, Shane was named Courtroom View Network’s Florida Plaintiff’s Attorney of the Year. Shane is also rated AV Preeminent® by Martindale Hubbell and has been recognized as one of The Best Lawyer’s in America®.

Shane was born and raised in Tampa. He graduated from Chamberlain High School in 1992, where he excelled in the classroom and on the basketball court, scoring over 1,000 career points in just 2 seasons at Chamberlain and being named Hillsborough County Basketball Player of the Year in 1992. After high school, Shane attended Eckerd College in Saint Petersburg, where he was named to the Sunshine State Conference All-Freshman Basketball Team in 1993 and competed in the NCAA Division II Men’s Basketball National Tournament. Shane graduated second in his class, magna cum laude, from Stetson College of Law in 1999. At Stetson, he was awarded the William F. Blews Pro Bono Service Award and Victor O’Wehle Trial Advocacy Award.

  • Stetson University College of Law, J.D., Magna Cum Laude, 1999
  • Eckerd College, B.A., Cum Laude, 1996
  • Board Certification – Civil Trial Law, 2021
  • Board Certification – Business Litigation, 2015
  • AV Preeminent® rating by Martindale-Hubbell®
  • Florida’s Plaintiff’s Attorney of The Year by Courtroom View Network (2016)
  • The Best Lawyers in America©, Commercial Litigation (2021)
  • Florida Super Lawyers® (2019-2021)
  • Florida Super Lawyers Rising Star® (2012-2013)
  • America’s Top 100 Bet-the-Company Litigators®, Southern Florida (2019-2021)
  • America’s Top 100 High Stakes Litigators®, Southern Florida (2019-2021)
  • Florida Bar, 2000
  • U.S. Court of Appeals, Eleventh Circuit
  • U.S. Court of Appeals, Second Circuit
  • U.S. District Court, Middle District of Florida
  • U.S. District Court, Northern District of Florida
  • U.S. District Court, Southern District of Florida
  • Terry Bollea (“Hulk Hogan”) v. Gawker Media, LLC, Circuit Court, Sixth Judicial Circuit of Florida [Case No. 12-012447-CI-011]: Final Judgment (6/7/2016) for $140.1 million and Permanent Injunction (6/7/2016).
  • Sarah Palin v. The New York Times Company, 2020 WL 5086531 (S.D.N.Y. Aug. 28, 2020) [Case No. 17-CV-4853]: Order (8/28/2020) denying New York Times’ motion for summary judgment Gov. Palin’s defamation claim.
  • Feld Entertainment, Inc. v. Robert James Ritchie (“Kid Rock”), U.S. District Court, Middle District of Florida [Case No. 8:17-cv-3075-MSS-TBM]: Order (1/18/2018) denying preliminary injunction without prejudice.
  • Feld Entertainment, Inc. v. Robert James Ritchie (“Kid Rock”), U.S. District Court, Middle District of Florida [Case No. 8:17-cv-3075-MSS-TBM]: Order (5/24/2018) dismissing case without prejudice.
  • Norman Gundel v. AV Homes, Inc., Circuit Court, Tenth Judicial Circuit of Florida [Case No. 2017-CA-001446]: Order (6/4/2019) Granting Motion to Dismiss and/or for Summary Judgment under Florida’s Anti-SLAPP Statute.
  • REV Recreation Group, Inc. v. LDRV Holdings Corp., Circuit Court, Thirteenth Judicial Circuit of Florida [Case No. 18-CA-000225]: Temporary Injunction (1/17/2018) prohibiting Lazyday’s competitor from exhibiting exclusive RV’s at Florida RV Supershow, and Order Extending (2/14/2018) after evidentiary hearing.
  • Fitweb Limited v. Frank Menke III, Circuit Court, Twelfth Judicial Circuit of Florida [Case No. 2014-CA-002285NC]: Jury Verdict (10/6/2015) and Final Judgment (10/9/2015) for zero liability on behalf of real estate developer facing fraud and misrepresentation claims in excess of $1 million.
  • Time Critical Decisions, LLC v. Nick Patel, Circuit Court, Fifth Judicial Circuit of Florida [Case No. 09-CA-002552]: Final Judgment (3/1/2011) for $334,676.95 after bench trial on claims for breach of contract and fraudulent inducement in favor of father and son business in lawsuit involving power systems for satellite tracking systems.
  • William Ambros v. Grace Community Church, Circuit Court, Thirteenth Judicial Circuit of Florida [Case No. 06-CA-002322]: Jury Verdict (3/20/2009) and Final Judgment (3/31/2009) for zero liability on behalf of small family church in week-long jury trial of lawsuit seeking millions in damages following altercation at school baseball game; Final Summary Judgment (2/7/2011) after trial awarding $141,462.66 in attorneys’ fees and costs.
  • Charles E. Blake, Sr. v. Earl W. Carter, Jr., U.S. District Court, Middle District of Florida [Case No. 6:15-cv-2085-Orl-37KRS]: Permanent Injunction (12/27/2016) against defamatory YouTube videos; Order to Show Cause (2/17/2017) for violation of Permanent Injunction against defamatory YouTube videos; Contempt Order (3/8/2017) for violation of Permanent Injunction against defamatory YouTube videos.
  • Don King Productions, Inc. v. Shane Mosley, 2015 WL 11198251 (S.D. Fla. Aug. 25, 2015) [Case No. 15-61717-CV-Williams]: Order (8/25/2015) denying Emergency Temporary and Preliminary Injunction; Order (1/27/2016) granting Motion to Dismiss based on personal jurisdiction.
  • Marion P. Hammer v. Christopher Risica and Howard Weiss, U.S. District Court, Northern District of Florida [Case no. 4:18-cv-329-RH/CAS]: Permanent Injunction (2/25/2019) against threatening/harassing emails.
  • Sarah Palin v. The New York Times Company, 940 F.3d 804 (2d Cir. 2019) [Reversing dismissal of Gov. Palin’s defamation claim based on actual malice]
  • Gundel v. AV Homes, Inc., 264 So.3d 304 (Fla. 2d DCA 2019) [Granting writ enforcing Florida’s revamped Anti-SLAPP Statute, leading to dismissal of counterclaims based on First Amendment on remand]
  • REV Recreation Group, Inc. v. LDRV Holdings Corp., 259 So.3d 232 (Fla. 2d DCA 2018) [Affirming temporary injunction prohibiting Lazyday’s competitor from exhibiting exclusive RV’s at Florida RV Supershow, and reversing requirement of $1 million injunction bond]
  • Incarcerated Ent., LLC v. Warner Bros. Pictures, 261 F.Supp.3d 1220 (M.D. Fla. 2017) [Denying motion to dismiss Lanham Act false advertising claim involving War Dogs movie under the First Amendment]
  • Panel speaker, Consumer Attorneys Association of Los Angeles 34th Annual Conference, Master Speaker Session – “American Justice: Notable Civil Trials – The Inside Story” (September 2016)
  • Panel speaker, The Florida Bar Convention Media Law Conference, “The Privacy Machine v. The Press” (June 2016)
  • Defamation of Political Figure, 2B West’s Fed. Forms, District Courts-Civil § 7:444.50 (5th ed.) [Palin v. New York Times pleading used for form]
  • AM Tampa Bay, 970 WFLA, February 5, 2021, “Attorney Shane Vogt, specializes in defamation law, joined AM Tampa Bay to discuss Dominion voting machine firm is suing Giuliani for more than $1.3 billion.”[xi]
  • Terry Bollea v. Gawker:
    • Opening Statements Begin In Hulk Hogan’s $100m Lawsuit Over Leaked Sex Tape (cvn.com)
    • Hulk Hogan v. Gawker Trial Begins – The New York Times (nytimes.com)
    • Hulk Hogan’s lawyer says Gawker makes millions off peoples’ misery (cnn.com)
    • UPDATE 3-Gawker hit on cross-exam at Hulk Hogan sex-tape trial | Reuters
    • Gawker Trial: Editor Admits Hulk Hogan’s Penis Isn’t Newsworthy | Hollywood Reporter
    • On the witness stand, former Gawker editor tries to undo damage in Hulk Hogan trial (tampabay.com)
    • Judge Upholds Hulk Hogan’s $140 Million Trial Victory Against Gawker | Hollywood Reporter [x]
  • Sarah Palin v. The New York Times Company:
    • Lawyers for Hulk Hogan Now Piloting Palin’s Defamation Case Against the Times | New York Law Journal
    • Sarah Palin’s lawsuit against New York Times caps tough year in courtroom for media companies (cnn.com)
    • New York Times Can’t Duck Sarah Palin Defamation Suit – Courthouse News Service
    • Opinion | Sarah Palin’s case against the New York Times shows how hard it is to sue the media – The Washington Post
    • Sarah Palin’s defamation case against New York Times heads to trial (msn.com)
  • Bishop Charles Blake v. Earl Carter, Jr.
    • Blake Wins Defamation Lawsuit, Faces Separate Suit From L.A. Church – Los Angeles Sentinel | Los Angeles Sentinel | Black News (lasentinel.net)
    • Bishop Blake’s Attacker Goes to Jail – Los Angeles Sentinel | Los Angeles Sentinel | Black News (lasentinel.net)
    • Bishop on Barack Obama’s advisory council fights claims he is gay pedophile | Daily Mail Online
  • Don King Productions, Inc. v. “Sugar” Shane Mosley
    • Trading Legal Punches: Boxing Promoters Duke It out in Court (findlaw.com)
    • Judge Denies King’s Request, Mosley-Mayorga Rematch Will Take Place – CBS Miami (cbslocal.com)
    • ‘Sugar’ Shane Mosley — Comeback Fight Is On! Defeats Don King … For Now (tmz.com)
  • Incarcerated Entertainment, LLC v. Warner Bros. Pictures
    • Warner Bros. Can’t Evade ‘War Dogs’ Lawsuit | Hollywood Reporter
    • The Lanham Act In The Entertainment Industry – 2017 Highlights – Intellectual Property – United States (mondaq.com)