Daniel G. Musca | Tampa Business Attorney

Professional Experience

Dan is a co-founder of Lexium PLLC. He represents a diverse group of clients in general corporate, finance, contracts, and real estate matters. He regularly counsels financial institutions and borrowers on all aspects of loans and lending transactions. Dan is experienced in the negotiation, structuring and preparation of limited liability company and corporate formation and acquisition documentation. He represents a variety of healthcare oriented clients in acquisitions, start-ups, disciplinary proceedings, anti-kickback and other regulatory compliance, telemedicine, and preparing employment contracts, marketing agreements and consulting agreements. He is recognized as one of the most knowledgeable attorneys in Florida in the area of pharmacy law. He is Florida Bar certified as a specialist/expert in healthcare law. He is also a real estate title agent with The Fund/Old Republic National Title Insurance Company.

Dan began practicing law in Chicago and was previously a partner of Shumaker, Loop & Kendrick, LLP and of counsel at Phelps Dunbar LLP. Dan is a firm believer in creating and implementing simple, practical and effective plans for the firm's clients.

Education

Northwestern University, School of Law, J.D., 1990; Coordinating Note and Comment Editor, Journal of International Law and Business.
Loyola University of Chicago, B.S. in Business Administration, cum laude, 1987.

Membership Affiliations

Member: The Florida Bar (former member of the Illinois State Bar and Ohio State Bar)
Florida Bar certified as a specialist in healthcare law
Admitted to Practice: U.S. District Court, Middle District of Florida
Real estate title insurance agent with The Fund/Old Republic National Title Insurance Company

Representative Matters

Health Care

Represent Tampa Bay based pharmacy chain with over 120 pharmacy locations.
Represented hundreds of pharmacies, medical and dental practices, home health companies, and clinical laboratories in acquisitions, mergers and divestitures.
Prepared numerous pharmacy services agreements and physician, dentist and pharmacist employment agreements.
Prepared medical director agreements.
Prepared Medicare and Medicaid license applications.
Represent private equity firm clients in healthcare licensure and regulatory compliance issues for their healthcare entity investments/acquisitions.
Represented assisted living facilities in the preparation of residency agreements.
Represented two public companies in preparing practice management agreements and roll up acquisitions of ophthalmology and dental practices.
Represent numerous pharmacies and physicians in telemedicine regulatory compliance.
Represent diverse types of healthcare professionals and facilities in professional discipline proceedings.
Represent pharmacies in insurance company audits.
Represented buyers of Florida marijuana farm facility.

Real Estate

Prepared mixed-use, residential and office condominium document filings for Grand Central at Kennedy and affiliated development companies with the State of Florida and the Department of Housing and Urban Development involving approximately 800 condominium units.
Represented homeowners’ association in corporate compliance matters, recording liens for assessments and adopting community-wide rules and hearing procedures.
Regularly prepare and negotiate terms of shopping center and other commercial leases, representing landlords and tenants.
Regularly represent landlords in commercial and residential evictions.
Represented sellers and purchasers of residential condominium units and single family homes.
Prepared mortgage loan repurchase documentation.
Represented developer in commercial "short sale" of condominium project involving $100,000,000+ in secured loans.
Represented residential developer in negotiation of construction loan/lot takedown facilities.
Represented European lending group in unsecured, subordinated loan facility to develop two high rise buildings in Miami area.
Routinely represents hard money lenders in loan transactions.
Regularly document and close commercial real estate purchases and sales.
Serve as an appointed title agent for The Fund/Old Republic National Title Insurance Company.

General Business / Corporate

Regularly prepare all types of limited liability company operating agreements and other types of business entities’ formation documents.
Represented automotive products company in the sale of its business with operations and multiple trademarks in 80+ countries.
Represented equity owners of Tampa-based marketing company in sale of company to private equity firms involving $100,000,000+ in sales consideration.
Prepared loan documentation for financial institutions in connection with diverse secured and unsecured local and multistate commercial loans.
Organized non-profit trade association.
Negotiated master equipment lease terms, servicing agreements and supplier agreements on behalf of international equipment sales and servicing company.
Prepared convertible notes and other financing related documents for early stage and emerging companies.
Prepared and negotiated distribution agreements on behalf of domestic manufacturers for use in foreign markets.
Represent software company in its multiple rounds of venture capital investment and licensing of its predictive analytical software and services to major oil and gas companies throughout the US.
Defended software development company in Microsoft audit.
Regularly represent clients with respect to claims of violations of covenants not to compete and misappropriation of trade secrets.
Prepared Qualified Opportunity Zone Fund organizational documents.
Represented multiple software development companies in disputes concerning ownership and functioning of software.
Advised various World of Beer, F45 Training Studio, UPS Store, ServPro, Anytime Fitness and other types of current and prospective franchisees in acquiring and selling franchise locations.
Represented buyers of Jackson’s Bistro, one of the largest bar/restaurant establishments in the Tampa Bay area.
Represented condominium developer against State of Florida seeking refund of over $1,000,000 in sales taxes.

Lectures &Publications

Commercial Real Estate Leases - What You Need to Know as a Florida Paralegal, CLE International seminars 2004 and 2005.
Tackling Key Issues in Entity Selection, In-Depth Review of Drafting Strategies for Successful Entity Preparation and Walking the Ethical Line; National Business Institute’s 2005 Advanced Issues in LLC Formation and Operation in Florida seminar (speeches and articles presented to target audience comprised of attorneys and accountants).
When is a Bond Payment Claimant not a Claimant? published by the ABA’s Tort and Insurance Practice Section’s 2002 TIPS FSLC 25 Years of Fidelity and Surety Law.
Independent Contractor and Employee Leasing Company Issues, speech and article presented at Human Resource Professionals seminar 2002.
National Business Institute’s 2008 Drafting LLC and LLP Agreements seminar (speeches and articles presented to target audience comprised of attorneys and accountants).
Tips for Dealing with Specific Entities in Mergers and Acquisitions, National Business Institute 2002 and 2003 (lecture and article presented to target audience comprised of attorneys and accountants).
State Law Compliance Issues, Ethical Considerations, Why Limited Liability Companies and Practical Operating Procedures; National Business Institute’s 2004, 2005, 2006, 2007 Limited Liability Companies in Florida seminars (speeches and articles presented to target audience comprised of attorneys and accountants).