TCB Law Attorney

Shane Vogt

Shane is an accomplished trial lawyer who prides himself on a tireless work ethic and relentless commitment to his clients. His practice focuses on defamation, privacy, entertainment, intellectual property, and complex business litigation, and he has been at the forefront of some of the past decade’s most legally significant First Amendment cases.

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Shane is Board Certified by The Florida Bar in both Business Litigation and 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. He is also rated AV Preeminent® by Martindale Hubbell and has been recognized as one of The Best Lawyer’s in America® and a Florida SuperLawyer®.

Shane has been fortunate to represent clients in several of the country’s most recent high-profile First Amendment cases, including:

  • Representing Terry Bollea (“Hulk Hogan”) at trial in his invasion of privacy case against Gawker, resulting in a $140.1 million verdict—one of the largest verdicts ever against a media company in an invasion of privacy case.
  • Representing a high school student in a groundbreaking lawsuit over deepfake pornographic images created using artificial intelligence (“AI”), including securing a first-of-its-kind injunction against disclosure and dissemination of AI-generated pornography.
  • Representing Gov. Sarah Palin at trial and in the pending appeal of her defamation lawsuit against The New York Times.

Shane has also helped clients protect their rights in a variety of high-profile cases involving speech and the First Amendment, including:

  • • Being 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.
  • Obtain and enforcing a permanent injunction against defamatory YouTube videos that falsely accused the Bishop of one of America’s largest churches of sexual and other misconduct, as well as enforcing the injunction through contempt proceedings.
  • Obtain a permanent injunction prohibiting threatening and harassing emails after the tragic shooting at Marjory Stoneman Douglas High School.

Although Shane often represents clients prosecuting claims for reputational harm, invasions of privacy, and violations of their intellectual property rights, he also has a strong track-record defending individuals and companies facing these types of claims, including:

  • Defending boxer “Sugar” Shane Mosley against a lawsuit and motion for temporary injunction filed by Don King that sought to stop a pay-per-view boxing event, including the denial of a temporary injunction after an evidentiary hearing and dismissal of the case on jurisdictional grounds.
  • Defending Robert Ritchie’s (“Kid Rock”) First Amendment rights against injunctive relief and trademark infringement claims brought by Feld Entertainment (a/k/a “Ringling Bros.”).
  • Defending a group of homeowners sued by their HOA president for defamation and securing the dismissal of the case with prejudice on First Amendment grounds and an award of attorneys’ fees under Florida’s Anti-SLAPP statutes.
  • Defending a group of homeowners against counterclaims based on protected First Amendment speech and petitioning activity and obtaining a final summary judgment dismissing the claims and an award of attorneys’ fees under Florida’s Anti-SLAPP statutes.
  • Defending a charter school president and assistant principal against defamation claims and obtaining a dismissal of the case with prejudice on First Amendment and immunity grounds and an award of attorneys’ fees under Florida’s Anti-SLAPP statute.

Shane was born and raised in Tampa and 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 and being named Hillsborough County Basketball Player of the Year. 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 went on to graduate second in his class, magna cum laude, from Stetson College of Law in 1999; where he was also awarded the William F. Blews Pro Bono Service Award and Victor O’Wehle Trial Advocacy Award.

Shane has been married to his wife, Marcie, for over 25-years. They have raised four amazing daughters and currently live on their farm in Lutz, where they spend their free time caring for livestock and supporting the Tampa Bay Rays and Lightning.

  • 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-Present
  • Florida Super Lawyers®, 2019-Present
  • Florida Super Lawyers Rising Star®, 2012-2013
  • 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

TRIALS:

  • Terry Bollea (“Hulk Hogan”) v. Gawker Media, LLC, Circuit Court, Sixth Judicial Circuit of Florida [Case No. 12-012447-CI-011]
    • Jury Verdict and Final Judgment for $140.1 million (6/7/2016).
  • Sarah Palin v. The New York Times Company, U.S. District Court Southern District of New York [Case No. 17-CV-4853]
    • Jury Trial February 2022 (currently the subject of appellate proceedings in U.S. Second Circuit Court of Appeals)
  • Fitweb Limited v. Frank Menke III, Circuit Court, Twelfth Judicial Circuit of Florida [Case No. 2014-CA-002285NC]
    • Defense Jury Verdict (10/6/2015) and Final Judgment (10/9/2015) for zero liability for 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]
    •  Non-Jury Trial resulting in Final Judgment (3/1/2011) for $334,676.95 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]
    • Defense 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.

LITIGATION:

  • Sarah Palin v. The New York Times Company, U.S. District Court Southern District of New York [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
    • Order (5/24/2018) dismissing case without prejudice.
  • Norman Gundel, et al. 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
    • Order Extending Injunction (2/14/2018) after evidentiary hearing
  • 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, U.S. District Court Southern District of Florida [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
  • Incarcerated Ent., LLC v. Warner Bros. Pictures, U.S. District Court, Middle District of Florida [Case No. 8:16-cv-1302-T]
    • Order (5/10/2017) denying motion to dismiss Lanham Act false advertising claim involving War Dogs movie under the First Amendment

APPELLATE:

  • 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
  • Melvin Engelke v. James Logan, 2024 WL 3682197 (Fla. 2d DCA Aug. 7, 2024)
    • Affirming final summary judgments secured for several clients in fraud case involving ownership of an electronic messaging system for inmates.
  • 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]
  • Edourd Baussan v. Nia Imara, et al., 2022 WL 2314175 (Cal. Jun. 28, 2022)
    • Affirming order denying a special motion to strike brought under California’s Anti-SLAPP statute.
  • Landry’s Seafood House-Florida, Inc. v. Richard Calderoni, et al., 279 So.3d 100 (Fla. 2d DCA 2019)
    • Affirming dismissal with prejudice of suit based on personal guaranty and award of attorneys’ fees.

ORAL ARGUMENTS

  • 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)
  • Moderator, Hillsborough County Bench & Bar Conference, “Knowing Your Summary Judgment Plays” (October 2022—Panelists: Judge Charlene Honeywell, Judge Edward C. LaRose, Judge Darren D. Farfante)
  • 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.
  • 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]

Terry Bollea v. Gawker:

Sarah Palin v. The New York Times Company:

Jane Doe v. John Smith – AI Generated Pornography Lawsuit

Bishop Charles Blake v. Earl Carter, Jr.

Don King Productions, Inc. v. “Sugar” Shane Mosley

Incarcerated Entertainment, LLC v. Warner Bros. Pictures

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