Taken from AKERMAN SENTERFITT, whose partner/shareholder DANIEL SAUL GELBER (who says he was only "of counsel," contradicted by AKERMAN SENTERFITT and Florida websites) wants to be your next Attorney General of Florida. Here are the words some 500 AKERMAN SENTERFITT Lawyers use to describe their practices:
Investigated allegations of dishonest conduct by senior vice president of a private company.
Investigated alleged stock-option backdating on behalf of audit committee of NASDAQ-traded public company in the telecommunications industry.
Investigated alleged stock-option backdating on behalf of audit committee of NASDAQ-traded public company in the brokerage industry.
Internal Investigations
Investigated alleged stock-option backdating on behalf of audit committee of NASDAQ-traded public company in the telecommunications industry.
Investigated allegations of dishonest conduct by senior financial personnel of NYSE-traded public company in the telecommunications industry.
Represented audit committee of NYSE-traded public company in the real-estate industry in two separate internal investigations arising from whistleblower allegations of accounting and other fraud.
Investigated accounting fraud allegations on behalf of audit committee of NASDAQ-traded company in the pharmaceutical industry.
Investigated inventory accounting fraud allegations for Amex-traded public company in the aerospace industry.
Securities Class Action Defense
Defended federal class-action securities claims against a public company in the education industry alleging accounting and other misstatements.
Defended federal securities class action against semiconductor company alleging fraud in connection with revision to earnings guidance.
Defended federal class-action securities claims against a medical device manufacturer related to disclosures about the status of development of a new product.
Defended federal class-action securities claims related to earnings miss by NYSE-traded solid waste disposal company.
Defended federal class-action securities claims against a pharmaceutical company related to status of development of a new product.
Defended federal class-action securities claims related to earnings miss and alleged accounting improprieties for a software-development company.
Represented former CEO of bankrupt software company in multi-district federal securities fraud litigation alleging accounting and related-party-disclosure improprieties.
Defended Big 4 accounting firm in federal securities class action.
Represented aerospace company in defending federal class-action securities claims alleging revenue recognition violations after restatement of five years’ financial statements.
Represented former controller of bankrupt time-share company in federal class-action securities claims alleging accounting misstatements related to $130 million impairment charge.
Represented directors and officers of bankrupt telecommunications infrastructure company in federal class-action securities claims alleging financial misstatements.
Antitakeover Litigation
Represented healthcare company in litigation seeking to enjoin $1.1 billion merger transaction.
Defended preliminary injunction proceding in Florida state court regarding a $500 million merger for a public company in the security industry.
Defended preliminary injunction regarding a $50 million public company merger.
Represented NASDAQ-traded physician services company regarding a $1.1 billion going-private merger.
Represented waste services company in defense of multi-state litigation seeking to enjoin $6 billion merger involving an unsolicited hostile takeover bid.
Represented acquiror of publicly traded correctional-properties company in Maryland and Florida state-court actions seeking to enjoin $300 million merger.
Represented acquiror of health products distributor in Florida state-court class-action seeking to enjoin acquisition of public company.
Advised management of companies considering hostile takeover of competitors.
SEC Enforcement Defense
Represented former CEO of software company in an SEC enforcement proceeding.
Represented private company in the direct marketing industry related to alleged market manipulation.
Represented aerospace company, in the face of related criminal proceedings against company’s CEO and CFO, related to alleged revenue recognition violations stemming from restatement of multiple years’ financial statements.
Represented former consultant to telecommunications equipment company in SEC investigation of alleged accounting improprieties.
Represented NYSE-traded company in SEC informal inquiry concerning disposition of European assets.
Represented former officer of nutrition supplement company in SEC investigation related to alleged revenue recognition issues.
Represented individuals in SEC enforcement action related to alleged insider trading.
Represented certified public accountant in Rule 102(e) proceeding.
Represented broker/dealer in Florida state investigation regarding auction-rate securities.
Represented numerous public companies in SEC and SRO investigations of pre-announcement trading activity related to announced merger transactions.
Other Accounting and Financial Fraud Litigation
Represented private equity fund in defense of multiple lawsuits in New York federal and state courts alleging fraudulent accounts receivable.
Opposed remand to state court for Internet company in suit seeking recission by investors.
Represented Amex-traded public company in the pharmaceutical industry in federal court and arbitration against German company alleging accounting improprieties in connection with an earnout agreement.
Represented Central Bank of Ecuador in banking fraud litigation pending in The Bahamas.
Represented U.S. railroad in accounting arbitration related to shipping rates.
Represented receiver over $100 million assets in dispute regarding an educational institution in the Caribbean.
Other Shareholder Derivative Litigation Defense
Represented an executive of a private equity fund in defense of derivative claims brought by lender alleging fraudulent accounts receivable.
Represented directors of a publicly traded entertainment company related to the acquisition of a business from an affiliate.
Represented public company in the education industry in defending derivative claims arising from parallel criminal and SEC investigations.
Represented directors and officers of private restaurant company in arbitration alleging mismanagement.
Representation of contractors and subcontractors in False Claims matters, as well as Court of Federal Claims bid protests on public contracts. She has also assisted in the representation of clients in white collar criminal matters including civil forfeiture claims.
Representation of owners and operators of cable television systems and major network affiliated broadcast television stations nationwide and in all aspects of their businesses including acquisitions and divestitures, cable franchising, network affiliations, communications tower leases and joint ownership arrangements, retransmission arrangements, pole and trench arrangements with utilities and programming.
Rrepresented clients in the manufacturing, consumer products, staffing, travel, and other product and service industries, in transactions ranging from several million to over $2 billion dollars.
Representation of developers in site plan and other regulatory issues for the renovation and expansion of the Eden Roc and Cipriani Hotels in Miami Beach, Florida.
Representation of the developer in the Miami Worldcenter project, a 30-acre, 12 million plus square foot mixed-use, multi-phase development in downtown Miami, Florida. Advised the developer in all aspects: drafting zoning and design guidelines, developing strategies for DRI avoidance or management such as legislative exemption or phasing within area wide DRI, and negotiating and drafting a development agreement to lock in zoning in exchange for public benefits.
Representation of MGM Las Vegas Fire Case for defense of major contractor
Representation of MGM Fire Insurance Case for a principal defendant
Representation of Big Rock Mesa Landslide Litigation for County of Los Angeles
Reorganization of Executive Life Insurance Company for NOLHGA
Reorganization of First Capital Life Insurance Company for NOLHGA
Representation in Public Pension Plan litigation against actuary for interest of public employer
Representation in Public Pension Plan litigation over validity of new plan for public employer
Representation in defense of General Relief-Welfare Program for public entity
Representation in litigation for design of off-shore gas processing plant for engineering firm
Representation in litigation for improper design of tuna purse seiner fleet for marine architect
Non-lawyer “political advisor and media consultant for clients seeking election at the state and federal level”
Representing foreign investment in the United States and the establishment and operation of U.S. subsidiaries of companies headquartered outside the U.S..
Representation in sophisticated estate planning, charitable trusts, foundations and probate designed to minimize estate and income taxes while accomplishing the client's and family's objectives.
Former PSC Chairman Lila Jaber is a strategic consultant and advisor to clients in utility and business matters, including work related to rate cases, carrier to carrier disputes, legislative and executive services, and general client business development. She also represents clients in negotiations related to Chapter 501, Florida Statutes, and inquiries (Florida's Deceptive and Unfair Trade Practices Act).
Foreclosure of office buildings, multifamily projects, hotels, and mixed-use projects, as well as representation of lenders in Chapter 11 bankruptcy proceedings.
Representation of clients in the leasing of office, retail, and industrial properties, and the representation of clients in construction and permanent real estate lending, sale leaseback, and private placement financings.
Represented clients in numerous high profile projects, including the acquisitions and sales of raw land, office buildings, shopping centers, and industrial parks, and the development of condominium projects, residential subdivisions, and condo hotels.
Representation of foreign and domestic financial institutions in commercial lending, trade finance, regulatory, real estate, litigation, workout, and general corporate matters.
Primarily represents management in a variety of labor and employment disputes at the administrative level and in state and federal courts.
Representation concerning investing and financing assignments in Latin America, including capital markets, mergers and acquisitions, syndicated and secured lending, project finance, debt restructuring, and real estate acquisitions on behalf of Latin American based financial institutions and U.S. and European entities. His clients include multinational banks, private equity firms, insurance companies, investment banks, and Latin American corporations.
Defense of multi-national companies in defense of products liability, mass tort, and class actions, including the defense of Ford Pinto cases, Jeep roll-over claims, and B.A.T. Industries, and British American Tobacco in the State of Florida tobacco litigation in Palm Beach County, and in over 40 tobacco lawsuits by labor unions and Latin American countries and cities in state and federal courts. State of Florida v. American Tobacco Company, et al., 707 So. 2d 851 (Fla. 4th DCA).
Representation of hospitals and health care providers in medical staff bylaws, tortious interference and business tort claims. University of Miami, Inc. v. Spunberg, 784 So. 2d 541 (Fla. 4th DCA).
Representation of business and individuals in business tort, securities and partnership disputes, and contractual and distributorship litigation. Union Oil of California v. Watson, 468 So. 2d 349 (Fla. 3rd DCA) (leading Florida case on malicious prosecution); Wagner, Nugent v. Flanagan, 629 So. 2d 113 (Fla. S.C.) (leading case on business defamation); Bell Atlantic v. Associated Data, 714 So. 2d 523 (Fla. 4th DCA) (distribution agreements).
Representation of banking and financial institutions in mortgage foreclosure and secured and unsecured claims, including defense of lender liability, fiduciary duty and bad faith counterclaims. Williams v. First Union, 591 So. 2d 1137 (Fla. 4th DCA) (first case upholding constitutionality of F. S. §697.07, enforcement of assignment of rents in mortgage); Maxwell v. First United Bank, 782 So. 2d 931 (Fla. 4th DCA) (leading Florida case defining fiduciary duties of bank).
Representation of insurers and insureds in interpretation of policies and coverage disputes. Ranger v. Bal Harbour, 509 So. 2d 945 (Fla. 3rd DCA); 549 So. 2d 1005 (Fla. S.C.) (leading case on coverage for intentional acts and public policy nullification).
Representation of lawyers and law firms in legal malpractice defense claims. Substantial experience as in-house loss prevention counsel for Mershon, Sawyer Firm.
Representation of landowner in first condemnation proceeding under Florida's Conservation and Recreational Lands Act, resulting in an enhanced award of $6,650,000, following a jury trial.
Representation of agribusiness entity in litigation concerning a $2.5 million damages claim due to improper use of herbicides.
Representation of shareholders in litigation concerning a $10 million shareholder derivative action involving common law fraud and securities fraud in the sale of stock in a surgical and laser center, and claims for individual damages arising from electronic audio and video surveillance placed by Defendant. Florida Eye Institute v. Paul Minotty, Circuit Court, 19th Judicial Circuit in and for Vero Beach, FL.
Representation of horse show promoter in litigation concerning and sale of show licenses for Wellington Winter Equestrian Festival.
Representation of property owners, contractors, developers and insurers in disputes involving construction defects and mold damage.
Represented one of the largest banking institutions in the Northeastern United States in a $23 million foreclosure action involving a multi-family complex in Broward County.
Assisted in representing audit committee of NYSE-traded public company in the telecommunications industry in connection with internal investigation arising from whistleblower allegations of accounting and other fraud.
Assisted in representing Fortune 1000 company in anti-takeover litigation seeking to prevent preliminary injunction and allow a $6.59 billion merger to proceed to closing for a public company in the waste industry.
Assisted in representing commercial lender in connection with the foreclosure of commercial shopping center in Plantation, Florida arising from a payment default on a $42 million obligation.
Designed and implemented compliance programs and codes of conduct and performed related internal investigations and reviews regarding corporate compliance, exposure to criminal liability, money laundering, and risk assessment.
Defended a U.S. manufacturer of fertilizer in action filed by a South American farmer alleging crop damage due to application of fertilizer.
Assisted in representing commercial real estate lender in the foreclosure of a partially completed condo/townhouse project arising from a default on a $38 million loan facility.
Represented alternative investment management firm in suit to foreclose on marina property arising from a default on a $24 million loan facility, including defense against various lender-liability counterclaims.
Assisted in representing multinational premium drinks and spirits companies in civil RICO actions and tort actions.
Assisted in defending national banking institution in securities fraud class action, including managing large-scale discovery production and briefing successful motion to dismiss.
Assisted in defending national banking institution in internal investigation by the United States Department of the Treasury's Office of the Comptroller of the Currency.
Defended a NASDAQ-listed financial services company as lead trial counsel in a federal jury trial arising from claims alleging inaccurate credit reporting.
Representing financial services company in action seeking recovery of insurance proceeds arising from alleged arson on mortgaged property.
Defending medical supplies manufacturer in defense of breach of contract and uniform commercial code claims after purchase of business.
Defended boat manufacturer in defense of products liability claim arising from severe injury sustained by passenger who fell off the boat and was struck by motor.
Defended engineering firm in defense of alleged misappropriation of trade secrets and breach of non-compete agreement arising from engineering firm's hiring of employees in the air traffic control tower industry.
Represented NYSE-listed company in prosecution of claims for misappropriation of trade secrets and breach of non-compete agreements against former employees who started a competing business in the records and information management services industry.
Represented NYSE-listed company in defense of claims arising out of a fire in a vacant manufacturing facility by the commercial tenant.
Defended engineering firm in action alleging breach of contract, conspiracy, tortious interference, and fraud for alleged failure to provide sufficient work to minority business enterprise on government contracts.
Defended general contractor before the American Arbitration Association in breach of contract claims arising after defective and untimely work by subcontractor.
Represented church in slander of title action arising from purported sale of property by someone who was not an officer or director of the church.
Represented bankruptcy trustees in bankruptcy adversary proceedings seeking avoidance and recovery of fraudulent and preferential transfers from banks, vendors, brokers, and hundreds of Ponzi scheme investors.
Defended numerous companies in defense of bankruptcy adversary proceedings seeking avoidance and recovery of fraudulent and preferential transfers.
Represented companies in bankruptcy proceedings regarding the rejection or assumption and assignment of leases and contracts in bankruptcy proceedings.
Representation of company engaged in the business of internet marketing of "virtual gold" for the online game "World of Warcraft" including a federal court class action and State of Florida Attorney General investigation.
Representation of bank in federal jury trial against mortgage banker for breach of repurchase agreement of subprime loan portfolio.
Representation of telecom company under the Federal Communications Act. Wholesale Telecom Corp. v. ITC Deltacom Communications, Inc., 2006 WL 988480 (C.A. 11, April 2006)
Obtained dismissal of contract action on basis of forum non conveniens; affirmed on appeal. Dignam v. Africair, Inc., 917 So. 2d 905 (Fla. 3d DCA 2005)
Representation of the former chief lending officer of Sunrise Savings and Loan Association in federal multi-district litigation comprised of a number of shareholder class actions and an action brought by the Federal Deposit Corporation (In re Sunrise Securities Litigation, MDL 655) in the Eastern District of Pennsylvania. At the time of its closure Sunrise was the largest savings and loan failure in the United States, and the claims asserted by the plaintiffs in the consolidated cases totaled nearly $1 billion. The multi-district litigation resulted in 11 reported decisions, including In re Sunrise Securities Litigation, 916 F. 2d 874 (3d Cir. 1990).
Representation of the former board of directors and president of Flagler Federal Savings and Loan Association in an investigation brought by the FDIC arising out of the failure of Flagler Federal.
Representation of the chief financial officer of College Bound, Inc. in connection with the failure of that publicly traded company, in a shareholders class action and SEC investigation.
Representation of a former director of Olympic International Bank and Trust Company of Boston, Massachusetts in an action in the United States District Court for the District of Massachusetts.
Representation of former Attorney General Janet Reno when she was the Dade County State Attorney in a federal civil rights case. Brown v. Reno, 584 F. Supp. 504 (S.D. Fla. 1984)
Representation in defense of Blockbuster Video Stores in a consumer class action.
Representation of distributors of lighting appliances against the manufacturer in a state antitrust claim. Day v. Le-Jo Enterprises, Inc., 521 So. 2d 175 (Fla. 3d DCA 1988)
Representation of the Republic of Haiti in efforts to recover assets misappropriated by the former president of that country. Republic of Haiti v. Crown Charters, Inc., 667 F. Supp. 839 (S.D. Fla. 1987)
Participated on behalf of a major hotel company in an effort to enact a provision to eliminate a favored tax status that had provided a few companies a significant competitive advantage in the acquisition of hotel properties. An earlier law had outlawed the structure, but grandfathered those in existence, which at the time were small, obscure and failing. Subsequently, a few investors saw the tremendous competitive advantage of the structure. They acquired the entities, shed their existing portfolios, and transformed them into aggressive, tax-advantaged acquisition vehicles. Despite a massive lobbying campaign to prevent the change, the provision was signed into law.
Advocated for federal funding for a training program on behalf of a not-for-profit association which was designed to give people who are blind and employed in line operations of manufacturing facilities the training, skills and experience to move them off the line and into management positions.
Participated in an effort to prevent the amendment of the Indian Gaming Regulatory Act of 1988 in ways that would further erode tribal sovereignty and significantly limit the economic potential of the gaming activities of a federally recognized Indian tribe despite a strong lobbying effort by the state Attorneys General.
Defeated attempts by others in the federal contracting community to dilute mandatory-source status in the federal procurement process for an association of federal contractors that employ persons with disabilities.
in complex and high profile guardianship, trust, and probate matters. He has not only represented clients of significant means, but has also been called upon to represent the children in disputed relationships and as a representative for vulnerable adults.
Advising clients on all aspects of life and estate planning
Representation concerning environmental compliance, permitting, and enforcement; defense of waste generators and site owners in CERCLA and state site cleanups; transactional environmental work for sales, acquisitions, and leases; assessment and remediation of petroleum, dry cleaning, chlorinated solvent, and arsenic impacted sites; defense of RCRA enforcement actions; environmental assessments, environmental due diligence, and risk management; and redevelopment of contaminated properties.
Representing corporations and individuals who are the subject of an investigation by the Securities and Exchange Commission or National Association of Securities Dealers (now known as FINRA) and other self-regulatory organizations and state securities departments. William has also been involved in white collar matters, internal corporate investigations, securities regulatory matters and has represented major broker-dealers as well as smaller broker-dealers, registrants and individuals throughout the United States.
Representation of Codisa Software Corp. in an arbitration administered by the ICDR regarding the sale of software.
Representation of Exim Brickell in a federal court lawsuit against an agency of the Venezuelan government alleging over $70 million in damages for breach of contract.
Representation of Andesat SA-EMA in an ICC arbitration against a Brazilian satellite operator with respect to the breach of an agreement for the indefeasible right of use (IRU) of a transponder on a satellite.
Representation of Viracon in a federal court lawsuit in Puerto Rico and a lawsuit in the Dominican Republic regarding the laws protecting local distributors.
Representation of The Ethanol Corporation in a dispute regarding the breach of an agreement to provide fuel.
Served as President of ICDR Arbitration tribunal (Spanish language) in a dispute between a Panamanian company and a United States corporation over the propriety of payment under a surety bond.
Representation of PriceSmart in federal court and in an arbitration governed by UNCITRAL Rules against a Central American bank with respect to a claim of over $100 million resulting from the termination of the banking relationship.
Representation of Road America, a Mapfre subsidiary, in a AAA arbitration against an English corporation claiming over a million dollars resulting from a dispute regarding proper revenue recognition issues.
Representation of Samsung in a $30 million dollar dispute with Mexican distributor of cell phones. Representation included obtaining discovery in the United States pursuant to 28 USC sec. 1782 and coordinating litigation efforts with Mexican counsel.
Representation of El Paso Gas Company in an ICDR arbitration against Brazilian promoter claiming $20 million dollars resulting from the termination of development and power purchase agreements.
Representation of Bennington Group in an ICDR arbitration regarding the improper termination of a scrap metal contract.
Representation of J&S Development Corp and Bradford Truck and Welding Equipment in Federal Court in St. Croix, US Virgin Islands regarding the improper termination of a contract for the demolition of an aluminum plant.
Representation of Wall Street Securities, the principal shareholder of the Hipodromo de las Americas in Panama, in an ICDR arbitration against a provider of gambling equipment.
Representation of the President of Banco Popular del Ecuador, in his individual capacity, in a $192 million dollar RICO lawsuit brought by the Republic of Colombia alleging the misappropriation of tax revenues in connection with a bank fraud scheme spanning three countries. Litigated significant issues regarding lack of subject matter jurisdiction by virtue of the improper extra-territorial use of RICO statute. This lawsuit later became the subject of a book published in Colombia titled, "Los Farsantes, Banco Andino: el fraude que nunca existió."
Representation of Grupo Magico and a Mexican multinational corporation in United States federal court against Mexican claimants attempting to enjoint the opening of a $50 million dollar children's theme park.
Representation of the Republic of Argentina on two occasions. First, in a claim alleging the massive conversion by the Republic of Argentina of computer equipment. Subsequently represented Argentina in matter concerning a $20 million complaint alleging tortious interference with multiple contractual and business relations. Both cases dealt with the Act of State Doctrine as well as the Foreign Sovereign Immunities Act.
Representation of Corporación de Fomento de la Producción (CORFO) an instrumentality of the Republic of Chile with respect to the theft of $110 million dollars by a Chilean financial investment group. Representation entailed leading the recovery efforts outside of Chile.
Representation of Coastal Power Corporation in a dispute, (ESI, Inc. v. The Coastal Power Corporation and La Casa Castro, S.A.), over the interest in the income generated in the largest private investment to date in El Salvador.
Representation of El Paso Corporation with respect to litigation resulting from different results obtained in litigation conducted in the Dominican Republic and a related ICC arbitration proceeding.
Representation of court-appointed receiver in connection with SEC judgment for disgorgement of $2.4 million from Friendly Power Co., a boiler-room operation, and participated in return of assets to defrauded investors.
Representation of Trivest affiliate, Dyno Corporation, in two week arbitration proceeding regarding the attempted cancellation of distribution agreement.
Representation of State Farm Insurance Company in statutory arbitration proceedings to set homeowner's insurance rates.
Representation in defense of a developer, Inversiones la Rioja, in an ICC arbitration venued in Lima, Peru in a construction dispute over a major hotel in Lima.
Representation of the Spanish Broadcasting System in various lawsuits, including defending the President and Chairman of the Board.
Providing defense of medical malpractice cases against hospitals, physicians, and other health care providers from the pre-suit phase through trial, mediation, or arbitration. Holly's litigation practice has encompassed a variety of complex litigation cases, including the local representation of defendants in mass tort litigation (MDL) involving diet drugs and breast implant cases, and class action matters including fair debt collection claims.
Having spent a dozen years in management in the corporate arena prior to becoming a lawyer, and as a trial attorney with more than 12 years of practice in complex and commercial litigation, she understands the important role that document requests, proper document production, and the management of documents play in litigation. Her experience in directing discovery teams in document-intensive litigation has allowed her to develop and expand skills in managing large document cases, including the more recent and growing area of electronic discovery. Holly regularly counsels clients in matters involving complex records preservation, litigation "holds", e-discovery, and records management and retention policies.
Representation of financial institutions that act as lenders, underwriters, and placement agents, or that serve the function of letter of credit issuers, liquidity providers, or trustees, with respect to tax-exempt and taxable debt for real estate, industrial and economic development projects, and municipal financing generally. He has also represented various Fortune 500 companies and many closely held industrial companies with respect to their obtaining of economic development benefits from governmental agencies on a state and local level.
Securities class-action defense, internal investigations, accounting fraud, and directors' fiduciary duties.
Securities and other class action defense, accounting fraud, Ponzi schemes, D&O liability, shareholder disputes and corporate transactions.
Representatiuon o f evelopers of large scale, mixed-use planned developments and Developments of Regional Impact (DRIs); residential home builders in connection with acquisition, planning, and governance structures for large scale phased and jointly developed communities; developers of neighborhood to regional shopping centers; and end-user, out parcel, and retail purchasers in connection with large scale expansion programs, and financing transactions associated with each. Recent significant representations include acquisition of an approximately 4,000 acre proposed large scale mixed-use DRI in Sumter County, Florida and serving as lead transactional counsel for a state-wide bank branch site acquisition program involving hundreds of sites over a several year time frame.
Representation of developer for Southchase DRI/PD in Orange County, Florida. The project includes mixed-use development of residential, commercial, and light industrial.
Representation of developer for St. Augustine Centre DRI in St. Johns County, Florida. The project includes mixed-use development of residential, commercial, and light industrial.
Representation of developer for LPGA DRI in Volusia County, Florida. The project includes mixed-use development of residential and commercial.
Representation of developer for Victor Posner City Center DRI in Polk County, Florida. The project includes mixed-use development of residential and commercial.
Representation of developer for Lakeside Village, Horizons West in Orange County, Florida. The project includes mixed-use development of residential and commercial.
Representation of client as lead transactional counsel in acquisition of 3,800 acre tract, planned for development as DRI, in Sumter County, Florida.
Representation of financial institution as lead transactional counsel for a retail bank branch roll out, involving hundreds of sites, across the State of Florida.
Representation of developers as lead counsel for numerous master planned residential communities.
Representation of commercial banks, lenders, and buyers and sellers in commercial real estate matters including the sale of golf courses, hotels, professional office buildings, retail centers, and contaminated industrial properties
Representation of a world-renowned multi-platinum recording artist in connection with its reunion tour and new studio album, including the negotiation of numerous contractual agreements, and the policing of its trademark rights.
Representation of a professional sports organization before the Trademark Trial and Appeal Board of the United States Patent and Trademark Office in connection with the enforcement of its trademark rights, and internationally in connection with more than a dozen trademark infringement matters.
Representation involving settlement of a complex patent infringement suit relating to chemical products and methods.
Representation of a financial institution in connection with the loan of more than $10 million dollars to acquire a music publishing catalog.
Representation involving assisting several clients with the establishment of independent record labels, one of which is owned by an international corporation that is a leader in the entertainment industry.
Representation of a company in connection with the acquisition of a restaurant chain for more than $250 million dollars.
Representation including filing patent applications for actors and recording artists in the music and motion picture industry, including applications relating to new systems of delivering content, and new systems for tracking audience preferences.
Representation involving a company in connection with the acquisition of a television production copyright and trademark assets for several hundred million dollars.
Representation involving enforcement of trademark rights for a sports industry client against several Fortune 100 companies.
Representation including managing the worldwide intellectual property portfolios of numerous clients in the service, consumer products, sports and entertainment, biomedical, pharmaceutical and other technological industries.
Representation involving settlement of a federal trademark suit for a client enforcing its color trademark rights.
Currently serving as Executive Director and previously served as General Counsel to the Florida Health Maintenance Organization Consumer Assistance Plan.
Representation of a world-renowned multi-platinum recording artist in connection with its reunion tour and new studio album, including the negotiation of numerous contractual agreements, and the policing of its trademark rights.
Representation of a professional sports organization before the Trademark Trial and Appeal Board of the United States Patent and Trademark Office in connection with the enforcement of its trademark rights, and internationally in connection with more than a dozen trademark infringement matters.
Representation involving settlement of a complex patent infringement suit relating to chemical products and methods.
Representation of a financial institution in connection with the loan of more than $10 million dollars to acquire a music publishing catalog.
Representation involving assisting several clients with the establishment of independent record labels, one of which is owned by an international corporation that is a leader in the entertainment industry.
Representation of a company in connection with the acquisition of a restaurant chain for more than $250 million dollars.
Representation including filing patent applications for actors and recording artists in the music and motion picture industry, including applications relating to new systems of delivering content, and new systems for tracking audience preferences.
Representation involving a company in connection with the acquisition of a television production copyright and trademark assets for several hundred million dollars.
Representation involving enforcement of trademark rights for a sports industry client against several Fortune 100 companies.
Representation including managing the worldwide intellectual property portfolios of numerous clients in the service, consumer products, sports and entertainment, biomedical, pharmaceutical and other technological industries.
Representation involving settlement of a federal trademark suit for a client enforcing its color trademark rights.
General Counsel with respect to organization and development of several electronic health information systems, including a Regional Health Information Organization involving institutional healthcare providers, and planning for participation by non-affiliated health care providers, analyzing HIPAA and state laws with respect to privacy, security and confidentiality, including super-confidentiality issues.
Multidisciplinary experience in the area of corporate law, with emphasis in the areas of corporate organization and business structures, purchase/sales, spin-off and merger transactions, and contracting and negotiations.
Serves as "outside" General Counsel or special outside counsel to "inside" General Counsel of corporations.
Assisted multi-entity, multi-locationed church organization in tax exempt planning, organization, and qualification of group tax exemptions.
Negotiated and documented outsourcing of not for profit hospital's outpatient psychiatric clinic and inpatient psychiatric services to a not for profit community mental health center.
Representation of large multi-location, multi-disciplinary physician group practice, including analysis, wind down, bankruptcy, and termination of publicly traded practice management company.
Representation of multi-disciplinary physician group practices.
Representation of large multi-entity not for profit health system control acquisition of another not for profit health system.
Representation of not for profit affordable housing corporations with respect to single and joint venture tax credit financings, construction, and management matters.
Representation of software development companies with respect to corporate organization, capitalization and intellectual property issues.
Representation of tax exempt hospitals in connection with organization, financing, construction, and leasing of hospital affiliated medical office buildings and parking garages (Jacksonville and St. Petersburg).
Representation of tax exempt hospitals in connection with tax exempt financing and refinancing of hospital facilities (Jacksonville, Boca Raton and St. Petersburg).
Bond and underwriter's counsel in connection with financing and refinancing of hospital facilities, medical office buildings, and parking garages (Jacksonville and St. Petersburg).
Representation of tax exempt community mental health provider in connection with tax exempt financing of community mental health facility (Jacksonville).
Representation of equipment, calibration, maintenance, and services provider in connection with tax exempt foundation's purchase and installation of tax exempt financed proton beam cancer treatment facility in connection with University of Florida College of Medicine (Jacksonville).
Representation of tax exempt ACLF in connection with tax exempt financing of ACLF (Clearwater).
Representation of tax exempt hospitals and other institutional providers on a variety of tax, corporate, health, and transactional matters.
Representation of tax exempt University of Florida Faculty Clinic in connection with organization and operations, tax exempt financing of multi-disciplinary health care clinic facility (Jacksonville).
Representation of multiple individual and group physician practices in connection with stock and asset sales, mergers and acquisitions, and hospital joint ventures.
Representation of IDTFs and MRIs.
"Accountable Care Organizations, "Medical Homes", IPAs, and Networks.
Representation of BioTech start-ups.
Healthcare Franchising.
Representation in a number of matters relating to the acquisition, financing, operation, and equity funding of professional sports teams, including the acquisition of the Miami Dolphins, the Florida Panthers, and the Florida Marlins for H. Wayne Huizenga, and the sale of the Tampa Bay Buccaneers to Malcolm Glazer, the sale of the Miami Dolphins to Stephen Ross, the sale of the Florida Marlins to John Henry, and the sale of the Florida Panthers to Alan Cohen.
Represented CEO of software company in bench trial of SEC enforcement action
Represented appellant in appeal to the Eleventh Circuit Court of Appeals. See Algodonera de las Cabezas, S.A. v. A. Suisse Capital, Inc.,432 F.3d 1343 (11th Cir. 2005)
Represented one of largest Spanish television networks in dispute with competitor over rights to broadcast popular sport events in the United States
Represented defendant in real estate title dispute in two-day bench trial
Monica L. Rodriguez has a decade of legislative experience at the state and federal levels. She represents clients on appropriations in industries such as health care, insurance, non-profit entities, and local governments.
Monica is active in the Republican Party in Florida and nationally. She served as a delegate in the 2000 Republican National Convention and was the National Committeewoman for the Republican National Hispanic Assembly. Monica remains involved in a variety of campaigns at all levels of government.
Representation of textile and chemical manufacturer in the collection of a multi-million dollar judgment while coordinating proceedings in several different jurisdictions.
Representation of physician services company in defense of Florida state-court class action seeking to enjoin going private transaction.
Representation of individual in disgorgement phase of securities enforcement action.
Representation of internet news organization seeking injunctive relief against former employees charged with violating non-compete agreements.
Represented shareholder in restaurant venture in arbitration arising out of a buy-sell agreement.
Representation of financial services company in court proceedings to compel arbitration of plaintiff’s claims.
Representation of insurance company in appeal of improper attorney’s fee award under Florida law.
Representation of commercial landlord in bench trial involving nuisance claims brought by tenant.
Representation of insurance company in purported PIP insurance class action. Shenandoah Chiropractic, P.A. v. National Specialty Ins. Co., 526 F. Supp. 2d 1283 (S.D. Fla. 2007)
Representation of real estate agents in action involving federal securities and state-law fraudulent inducement and misrepresentation claims brought by condo purchasers. Garcia v. Santa Maria Resort, Inc., 528 F. Supp. 2d 1283 (S.D. Fla. 2007)
Representation of insurance company in purported class action. Integon Corp. v. Gordon, 953 So. 2d 725 (Fla. 1st DCA 2007)
Representation of a condominium developer in a series of lawsuits by purchasers seeking to rescind their purchase contracts based upon alleged violations of the Interstate Land Sales Full Disclosure Act, Florida’s Deceptive and Unfair Trade Practices Act, and the Florida Condominium Act. Miami Marquis 1903, LLC v. Leviev Boymelgreen Marquis Developers, LLC, Case No. 08-24587-CA-09, Circuit Court of the Eleventh Judicial Circuit in and for Miami-Dade County, Florida; 1603 Marquis, LLC v. Leviev Boymelgreen Marquis Developers, LLC, Case No. 08-24913-CA-24, Circuit Court of the Eleventh Judicial Circuit in and for Miami-Dade County, Florida.
Representation of a federal savings bank in a federal court lawsuit brought by a mortgage lender. The mortgage lender sought damages in excess of $20 million, and the bank counterclaimed for damages in excess of $7 million. A seven-day jury trial was conducted before United Stated District Judge Cecelia Altonaga. Beacon Financial Mortgage Bankers Corp. v. Gateway Bank, FSB, Case No. 06-22163-CIV-ALTONAGA/TURNOFF, United States District Court for the Southern District of Florida.
Representation of an owner/landlord of a multi-million dollar commercial property on Miami Beach in a commercial eviction action against a restaurant franchise tenant. Malone, et al. v. Galben Group, Inc., Case No. 06-17775-CA-20, Circuit Court of the Eleventh Judicial Circuit in and for Miami-Dade County, Florida.
Representation of a British citizen in a defamation lawsuit filed by a Florida resident. Parker v. Wheldon, Case No. 502005CA010424XXXXMB, Circuit Court of the Fifteenth Judicial Circuit in and for Palm Beach County, Florida.
Represented a manufacturer of robotic surgical devices in a multi-count federal court lawsuit alleging breach of contract, violation of the Florida Deceptive and Unfair Trade Practices Act, and fraud. University of Miami v. Intuitive Surgical, Inc., 353 F. Supp. 2d 1320 (S.D. Fla. 2005), aff’d, 166 Fed. Appx. 450 (11th Cir. 2006).
Representation of an insurance company in a class action lawsuit seeking reimbursement for mileage expenses as part of commercial liability insurance claims. Mills v. Fireman’s Fund Insurance Company, Case No. 05-004605-L, Circuit Court of the Twentieth Judicial Circuit in and for Lee County, Florida.
Representation of an insurance company in a federal class action lawsuit seeking reimbursement for overhead and profit and taxes relating to hurricane-related insurance claims. Mills v. Foremost Insurance Company, Case No. 8:06-CV-00986-T-17-MSS, United States District Court for the Middle District of Florida.
Representation of six independent pediatric practices in combining into a single group medical practice.
Representation of two large independent cardiology practices in combining into a single group medical practice.
Representation of ambulatory surgery center clients in acquiring stand-alone surgery centers, establishing new start-up surgery centers, and bringing in new physician-investors.
Representation of two large Independent Practice Associations in their organizational, managed care matters, including compliance with antitrust laws and maintaining the "messenger model."
Representation of hospital-based physicians in negotiating and drafting professional service and medical director agreements with hospitals.
Representation of large ophthalmology practice in tax issues relating to employment/independent contractor arrangements, acquisition and management of optometrists and opticians, and related Stark, kickback, and other compliance issues.
Representation of optometry practice in Medicaid billing and overpayment issues.
Representation of medical staffs at two local hospitals on bylaw revisions and physician discipline issues.
Representation of medical school faculty members regarding regulatory issues and restrictive covenants.
Antitrust Litigation, Class Actions, and Counseling
Representation of a national insurance company in antitrust lawsuit alleging a boycott with respect to servicing the state pool for high-risk drivers.
Representation of a national retailer in antitrust consumer class action case involving alleging monopolistic practice with respect to its suppliers.
Representation of a national automobile parts manufacturer in an alleged antitrust boycott under Kodak through a restriction of parts and services for after market services.
Representation of a group of independent temporary nursing service suppliers against hospital district alleging antitrust boycott.
Representation of a national manufacturer of tools in multi-district litigation alleging unfair and deceptive practices with regard to franchising.
Representation of a national manufacturer of footwear in case regarding theft of trade secrets and unfair trade competition.
Defended solid waste hauling company in criminal antitrust trial brought by DOJ.
Represented distributor of luxury yachts in boycott action against several manufacturers.
Securities Litigation and Class Actions
Representation of a publicly traded company in both securities and bond class actions alleging violations of 10b-5.
Representation of a national law firm in malpractice action alleging failure to warn of violations of 10b-5 by a publicly traded company.
Representation of individuals charged with insider trading by the Security and Exchange Commission.
Defense of directors and officers in a 10b-5 securities class action involving understated inventory.
Representation of a publicly traded company in a shareholder class action alleging proxy misrepresentation.
Healthcare Fraud & Abuse Litigation and Class Actions
Representation of a Florida-based chain of nursing homes in false claims action brought by Department of Justice and Florida Attorney General.
Representation of a medical device distributor in a distribution litigation involving claims by the manufacturer.
Representation of a medical patient data company in a dispute involving provision of services.
Representation of a national hospital company in a national class action alleging overcharging of services.
Representation of a national hospital company in a dispute involving a hospital based physician group contract dispute.
Representation of a national hospital company in HIPPA litigation.
International Litigation
Representation of a foreign government in multi-jurisdictional litigation involving an alleged breach of contract involving the failure of a large scale construction project in the foreign jurisdiction; tried in United States federal court using foreign law standards.
Represented Kuwait Social Security Administration and Monaco based hotel company in international arbitration involving U.S. investment.
Represented Canadian publicly traded company in dispute over conflict between U.S. Court order and Canadian securities laws.
Representation of the largest processor of soybeans in Mexico in a multi-million dollar products liability and breach of contract suit against manufacturer of soybean processing equipment based in Ohio.
Representation of a French bank with respect to multi-million dollar loss in the Caribbean due to Ponzi scheme promulgated by a Florida resident.
Represented Panamanian banker against DOJ subpoena which conflicted with Panamanian privacy laws.
Financial Institution Representation
Represented Chief Financial Officer of national mortgage purchaser in OFHEO proceeding.
Representation of the president of a Louisiana federal savings & loan association in action brought by federal government agency for alleged negligent lending practices.
Representation of the president of a Florida federal savings & loan association in action for alleged negligent lending practices.
Representation of several directors of Florida Savings Bank for alleged negligent lending practices.
Government Litigation
Represented stevedoring organization running public port operations in antitrust cast alleging monopolization.
Representation of a newspaper in an action brought against city government for violation of Government in the Sunshine Act.
Representation of a state legislator with respect to alleged harassment claims and qualified immunity issues.
Published Decisions
Florida Pritikin Center v. Turnberry Isle Condominium Center, 924 So. 2d 867 (Fla. 3rd DCA 2006) (condominium covenants)
Turnberry Isle Condominium v. Florida Pritikin Center, 931 So. 2d 934 (Fla. 3rd DCA 2006) (zoning)
Quantum Communications Corp. v. Star Broadcasting, Inc., 382 F. Supp.2 1362 (S.D. Fla. 2005) (Injunction)
MCI Worldcom v. Krantz, 2003 WL 25666724 (S.D. Fla. 2003) (evidence)
Kitchen of the Oceans Inc. v. McGladry and Pullen LLP, 832 So. 2d 270 (Fla. 4th DCA 2002) (accounting malpractice)
Macro Capital v. Soffer Group, 822 So.2d 525 (Fla. 3rd DCA 2002) (arbitration)
MCI Worldcom v. Morris Plumbing, 2002 WL 34357201 (S.D. Fla. 2002) (evidence)
MCI Worldcom v. Morris Plumbing, 2002 WL 33004353 (S.D. Fla. 2002) (loss of use damages)
Government of Aruba v. Sanchez, 216 F. Supp.2 1320 (S.D. Fla. 2002) (construction contract)
The Soffer Group v. Macro Capital, 818 So.2d 619 (Fla. 3rd DCA 2002) (arbitration)
United States Securities & Exchange Comm. v. Ginsberg, 242 F. Supp. 2d 1310 (S.D. Fla. 2002) (insider trading)
Oleoproteinas del Sureste S.A. v. The French Oil Mill Machinery Co., 202 FRD 541 (S.D. Ohio 2000) (breach of warranty)
Abby v. Bill Ussery Moors, 74 F. Supp. 1217 (S.D. Fla. 1999) (patent infringement)
Metzler v. Bear Automotive Service Equipment, 19 F. Supp. 2 1345 (S.D. Fla. 1998) (antitrust/monopolization)
Florida Breckinridge, Inc. v. Solvay Pharmaceuticals, Inc., 1999-1 Trade Cases 72414 (S.D. Fla. 1997)
Mac Tools, Inc. v. Griffin, 879 P.2d 1126 (Idaho 1994) (franchise litigation)
Grunert v. Machover, 617 So. 2d 1153 (Fla. 3d DCA 1993) (trust jurisdiction)
Menowitz v. Brown, 991 F.2d 36 (2d Cir. 1993) (securities class action)
In Re: General Development Corporation Bond Litigation, 800 F. Supp. 1128 (S.D. N.Y. 1992) (securities class action)
Merrill Lynch Pierce Fenner & Smith v. Hagerty, 808 F. Supp. 1555 (S.D. Fla. 1992) (non-competition agreement)
FSLIC v. Shelton, 789 F. Supp. 1367 (M.D. La. 1992) (S&L litigation/regulatory affirmative defenses against FSLIC)
FSLIC v. Shelton, 789 F. Supp. 1360 (M.D. La. 1992) (S&L litigation/standard of care)
FSLIC v. Shelton, 789 F. Supp. 1355 (M.D. La. 1992) (insurer’s regulatory exclusion)
Tapken v. Brown, Fed. Sec. L. Rpts, 96,805 (S.D. Fla. 1992) (securities class action)
Gibson v. Resolution Trust, 750 F. Supp. 1565 (S.D. Fla. 1990) (trust RTC)
All Care Nursing Service, Inc. v. Bethesda Memorial Hospital, Inc., 887 F.2d 1535 (11tth Cir. 1989) (antitrust boycott)
Brumfield v. Shelton, 722 F. Supp. 282 (E.D. La. 1989) (ERISA)
All Care Nursing Service, Inc. v. Bethesda Memorial Hospital, 1989-1 Trade Cases, 68506 (S.D. Fla. 1989) (antitrust/price fixing boycott)
Call v. Tirone, 526 So. 2d 533 (Fla. 3d DCA 1988) (evidence/medical malpractice)
Wiggins v. Pipkin, 853 F.2d 841 (11th Cir. 1988) (breach of contract)
Pipkin v. Wiggins, 526 So. 2d 1002 (Fla. 3d DCA 1988) (long-arm jurisdiction/ res judicata)
Deerfield Beach Publishing, Inc. v. Robb, 530 So. 2d 510 (4th DCA 1988) (Florida Sunshine Law)
United States v. Certain Real Property, 838 F.2d 1558 (11th Cir. 1988) (civil forfeiture)
Saul v. McArthur Foundation, 12 FLW 73 (Fla. 4th DCA 1986) (evidence)
Flynn v. Lehtinen, 775 F.2d 1551 (11th Cir. 1985) (qualified immunity as a public official)
United States v. Certain Real Property, 612 F. Supp. 1492 (S.D. Fla. 1985) (civil forfeiture)
General Insurance Co. v. Allstate Insurance Co., 1982.1 Trade Cases (S.D. Fla. 1982) (antitrust boycott)
Levine v. Siegel, 436 So. 2d 1105 (Fla. 4th DCA 1982) (long arm jurisdiction)
Puga v. Suave Shoe Corp., 427 So. 2d 288 (Fla. 3d DCA 1982) (tortuous interference with business relationship)
Behrman v. Braman Cadillac, Inc., 407 So. 2d 282 (Fla. 3d DCA 1981) (breach of warranty)
Kendler v. Federated Department Stores, 88 FDR 688 (S.D. N.Y. 1981) (antitrust class action)
Williams v. Berry, 490 F. Supp. 941 (D.D.C. 1980) (injunctive relief under due process clause to keep homeless shelters open)
Representation of Sunair Services Corporation in the recent investment by Coconut Palm Capital Partners of $25 million into the Company in exchange for common stocks and warrants.
Representation of NationsRent, Inc. in advising management and legal team in more than 60 acquisitions during a three year period, with total consideration paid in excess of $1.23 billion.
Representation of Naviant, Inc. in its sale to Equifax, Inc.
Representation of the Florida Panthers hockey team in its sale.
Representation of the Arizona Biltmore Hotel and Resort in its acquisition and subsequent sale.
While at a prior firm, David practiced in the area of corporate law, predominately for Fleet Financial Group, Inc., in the areas of mergers, acquisitions, dispositions and regulatory issues related to bank holding companies, financial institutions and financial services providers. Representative transactions include assisting in the acquisition of Shawmut National Corporation and the U.S. operations of National Westminster Bank, Plc., numerous FDIC assisted acquisitions including Bank of New England, the acquisition of NBB Bancorp, Inc. and Sterling Bancshares Corp., the sale of Fleet Factors Corp., the mandated divestiture of bank branch assets and the sale of the Automobile Finance Division.
Woodfield Country Club - Represented developer at trial in a claim brought by homeowner concerning sales office.
Chicago Title Insurance Company/Ticor Title - Represented insured in multi-million dollar policy claim.
Peninsula Bank - Represented bank in multi-million dollar lender liability case.
Publix Supermarkets, Inc. - Represented client in various real estate litigation matters.
EE&G - Represented client in numerous lien foreclosures for work arising out of 2004 hurricane season.
Wachovia Bank - Represented client in large commercial foreclosures.
Home Dynamics Corporation - Represented client in many contract disputes including mortgage disputes and ILSA.
Sovereign Bank - Represented client in foreclosure of income producing commercial property.
Fifth Third Bank - Represented client in numerous contested commercial foreclosures.
TD Bank - Represented client in numerous residential foreclosures and collection actions.
Sun Life Assurance Company - Represented client in commercial property foreclosures involving receivership issues.
Representation of national development company for development of a retail shopping center in the City of Clermont, Florida. Representation included working on entitlements in the City, a road impact fee credit agreement with Lake County, and a right-of-way acquisition agreement with the State of Florida Department of Transportation.
Representation of development companies in utility agreements for office, retail, and self-storage uses in the cities of Lady Lake and Fruitland Park, Florida.
Assisted in representation of Lake County Development of Regional Impact (DRI) regarding a road mitigation agreement with the State of Florida Department of Transportation.
Representation of development company in entitlements issues for development of a shopping center in Orange County, Florida, and assisted in the later sale of the property. Assisted in a road impact fee credit agreement with the County and a right-of-way purchase by the State of Florida Department of Transportation.
Representation of national development company to rezone property for development of a Class A office and hotel center in Seminole County, Florida. Assisted in preparation of preliminary and final master plans and plat.
Assisted in representation of corporation concerning a Binding Letter of Interpretation of Vested Rights relating to the non-application of Development of Regional Impact (DRI) laws for property located in the City of Daytona Beach, Florida. Representation included consultation with Florida Department of Community Affairs in Tallahassee, Florida.
Assisted in representation of national development company concerning the creation of a special taxing district for a mixed-use Development of Regional Impact (DRI) located in Charlotte County, Florida. Drafted a special act approved by the Governor and Legislature for creation of the district, including powers to levy taxes and special assessments for the provision of infrastructure.
Represented plaintiff in $38 Million foreclosure of a marina. Madison Capital Company, LLC v. The Harborage Club - Fort Lauderdale, LLC, et al., in the Circuit Court of the 17th Judicial Circuit, in and for Broward County, Florida, case no. 08-16112 CACE 07
Represented plaintiff in $38 million foreclosure of shopping center in Lee County, Florida.
Represented defendant, owner of a waterfront restaurant, in a dispute over ownership and use of the adjacent submerged land. The Cove Marina and Restaurant, Inc., v. C.A. Muer Corp., d/b/a Pal's Charlie's Crab Restaurant, in the Circuit Court of the 17th Judicial Circuit, Broward County, Florida, case no. CACE 01-018662(25)
Represented defendant, Fisher Island Community Association, Inc., in dispute over sale and ownership of property utilized as base for transportation of client's employees to Fisher Island. Barco Holdings, LLC, v. Terminal Investment Corp., Bernuth Agencies, Inc., Bernard Korman, Fisher Island Holdings, LLC and Fisher Island Community Association, Inc., in the Circuit Court of the 11th Judicial Circuit, Miami-Dade County, Florida, case no. 04-10918 CA 15
Represented defendant, a national restaurant company, in dispute with landlord regarding waterfront restaurant lease. Pennsylvania Investment Properties, LLP. v. Crab House, Inc., in the Circuit Court of the 11th Judicial Circuit, Miami-Dade County, Florida, case no. 08-38572 CA 02
Represented defendants, developers of mixed use housing project, in dispute with alleged former partner over profits of joint venture. Jose Soler v. Wayne Rosen, Michael Latterner, et al., in the Circuit Court of the 11th Judicial Circuit, Miami-Dade County, Florida, case no. 97-03485 (CA 06)
Represented bank in defense of suit brought by competitor for injunction, interference with business relationships, misappropriation of trade secrets and other business torts relating to hiring of competitor's most productive account executive.
Represented national construction company, along with Kirkland & Ellis LLP, in construction lawsuit against owner/developer regarding construction of a multi-building apartment complex surrounding a marina. Clark Realty Builders, L.L.C. v. The Falls at Marina Bay, L.P., Falls at Marina Bay, Inc., Jack G. Taplin, Marina at Marina Bay, L.P., Marina at Marina Bay, Inc., United States District Court Southern District Of Florida, case no. 05-60089-Civ-Hurley/Hopkins
Naylor v. District Board of Trustees, et al., 839 So. 2d 915 (Fla. 5th DCA 2003) (The Fifth DCA affirmed the granting of summary judgment for client, Valencia Community College, and affirmed the application of an exculpatory clause contained in the enrollment package for a police officer training program).
Naylor v. District Board of Trustees, et al., 857 So. 2d 196 (Fla. 2003) (Florida Supreme Court rejected review of the Fifth DCA's certified question regarding the enforceability of an exculpatory clause. The Court's refusal to address the question meant that, consistent with the trial court's initial decision, the exculpatory clause was upheld).
Parness v. Metropolitan Life Ins. Co., 291 F.Supp.2d 1347 (S.D. Fla. Aug. 13, 2003) (District Court Judge Zloch granted summary judgment for client finding the denial of LTD benefits based on back and shoulder problems was correct under either an arbitrary and capricious or de novo standard of review).
Wall v. Pennzoil-Quaker States Co., 2004 WL 3201727 (S.D. Fla. Jan. 27, 2004) (District Court Judge Paine adopted Magistrate Judge Lynch's Report and Recommendation granted summary judgment for client, upholding the termination of LTD benefits based on new medical and surveillance video evidence showing that the claimant's back condition was no longer disabling).
Kirk v. Metropolitan Life Ins. Co., 331 F.Supp.2d 1361 (M.D. Fla. July 22, 2004) (District Court Judge Kovachevich granted summary judgment for client affirming the decision to deny LTD benefit based on independent medical reviews concluding no objective evidence supported claims of disability from migraines and cognitive problems).
Seeger v. Metropolitan Life Ins. Co., No. 3:03-CV-327/LAC/MCR (N.D. Fla. Sept. 29, 2004) (District Court Judge Collier granted summary judgment for client, affirming with the decision to terminate LTD benefits in a pain and psychological disorder case, finding that the evidence showed Plaintiff's condition had improved and she could return to work).
Foreclosure Litigation
Represented lenders in commercial mortgage foreclosures in Florida. Handled forbearance agreements, workouts, and both stipulated and contested mortgage foreclosures on office buildings, office parks, large and small hotels, completed and partially completed subdivisions, apartment complexes, condominiums, large multi-use resort complexes, golf courses, regional shopping malls, and shopping centers. These projects have involved construction loans, development loans, permanent loans, and lines of credit. The security for these loans has included real property, inventory, receivables, rents, other personal properties, and guaranties. Also, regularly worked with special servers on CMBS foreclosures.
Represented clients in foreclosures involving the appointment of receivers, the taking of emergency action to secure the collection of rents, and for hotels and other commercial properties or businesses, the collection of income or accounts receivable. These cases frequently require aggressive and timely action under the loan documents and/or the UCC to avoid dissipation of secured assets. Regarding commercial foreclosures of partially completed and completed subdivisions, issues involved include dealing with the claims of potential homeowners, local governmental issues, various lien issues, title issues, and potential successor developer issues.
Represented agricultural properties in workouts and foreclosures, addressing unique issues, including the treatment of crops, trees, and timber.
Represented lenders defending a variety of claims arising out of the lender's alleged administration of loans, extensions, renewals, or additional loans or loan applications. These cases have involved motion practice and both jury and non-jury trials.
General Commercial Litigation
Represented manufacturers of medical devices in cases involving trademark infringement and false advertising claims in both state and federal courts, including cases under the Lanham Act, the Florida Deceptive and Unfair Trade Practices Act, and similar statutes in other states. These cases involved issues relating to permissible advertising based on the results of clinical studies and case studies.
Represented cable television providers or property owners in disputes regarding the right to provide service.
Represented a national publishing company in defending claims under the Fair Debt Collection Practices Act and the Florida Deceptive and Unfair Trade Practices Act arising out of collection efforts for magazine subscriptions.
Represented partners, members, or shareholders of both large and small partnerships and companies in litigation and disputes involving matters such as buy-sell agreements, the ownership of corporate or partnership assets, and the operation of the businesses.
Represented institutional and individual clients in real estate disputes regarding ownership and use of property and contract disputes regarding proposed sales transactions.
Represented international distribution center in litigation and threatened litigation regarding computer software contracts.
Represented a national television shopping network in disputes and litigation regarding relating to contract disputes.
Class Action Litigation
Represented a book publisher in defending class actions brought in Florida and several other states arising out of a negative option marketing plan.
Represented magazine publishers in defending class action claims under the Fair Debt Collection Practices Act and similar state statutes arising out of collection activities in multiple states.
Represented a magazine publishing company in a class action under several states' Deceptive and Unfair Trade Practice Acts related to advertising for magazine sales.
Represented medical device manufacturer in false advertising and trademark infringement claims brought by competitors and in a class action.
Represented several different publishers with respect to defending class actions based upon their sweepstakes promotions in Florida and in several other states, including cases before the Judicial Panel of Multi-District Litigation.
Regulatory Investigations
Represented publishing company in negotiating an Assurance of Voluntary Compliance with the Attorneys General of several states regarding a negative option marketing campaign.
Represented magazine publishers in negotiating a multi-state Assurance of Voluntary Compliance related to alleged deceptive advertising and magazine subscriptions and renewals.
Represented a motion picture production company in negotiating an Assurance of Voluntary Compliance resolving claims of deceptive marketing regarding a prominent movie production.
Represented a major owner of radio stations throughout the United States in negotiating an Assurance of Voluntary Compliance with the State of Florida regarding on air contests.
Represented sweepstakes promoters in negotiating a multi-state Assurance of Voluntary Compliance regarding alleged deceptive advertising claims.
Represented the manufacturers of medical devices in negotiating Assurances of Voluntary Compliance in several states regarding different alleged false advertising claims for various medical devices.
Represented a major recording company in resolving multi-state Assurances of Voluntary Compliance in a dispute regarding the company's use of copy protection software on CDs.
Represented an alleged seller of health supplements in a suit by the Federal Trade Commission alleging claims of false advertising.
Representation of joint venture owner of 2,000 acres of entitled land in Port St. Lucie, Florida, in suit to terminate $25 million purchase and sale agreement.
Representation of commercial real estate brokers in commission claim against joint venture developers (buyer and seller) who, together, conspired to deprive brokers of commissions.
Representation of a manufacturer of medical devices regarding claims by a southeastern distributor for lost profits involving more than $10 million.
Representation of national automobile finance company in fraud and punitive damages based suit against multi-franchise dealership in Georgia.
Representation of judicial sale purchaser of Miramar golf course in defense of due process claims asserted by former owner/judgment debtor.
Representation of commercial real estate broker in suit against other real estate commercial broker for circumvention, constructive trust, imposition of equitable liens and punitive damages.
Representation of large international bank involving the appointment of receiver and foreclosure of an incomplete Miami condominium project.
Representation of a South Florida-based telecommunications company in injunction matter against former employees who established a competing business.
Representation of a former Chief Financial Officer of a privately held technology company involving claims that she engaged in a fraudulent sale of stock to an accredited investor.
Representation of a South Florida-based telecommunications company in matter involving claims against a publicly traded long-distance reseller on breach of contract and related claims.
Representation of a South Florida developer in matter seeking overturn of a Miami-Dade County determination that a shopping center was divested of signage rights.
Representation of numerous debtors in matter involving collection suit of a multi-million dollar judgment held by a national finance company.
Representation of a minority shareholder in matter involving "dissenter's rights" to enforce a mid-trial settlement agreement reached in a related litigation.
Representation of an international technology company in gaining a matter involving a breach of contract suit against a supplier of satellite and telecommunication products.
Representation of a manufacturer of plastic extrusions in a matter involving contract and related claims made by its Caribbean distributor.
Representation in numerous IRS and Florida Department of Revenue negotiated walk throughs and "voluntary disclosure" cases regarding non-compliant taxpayers. He has advised foreign and domestic clients on tax implications of cross-border transactions and advised clients on structuring and planning to maximize tax benefits under U.S. tax treaties in order to minimize overall U.S. and foreign taxes.
Representation of client in multi-block rezoning for New York Hospital Queens, which permitted the development of multiple hospital buildings and a parking garage.
Representation of client in rezoning of a full block development site located in the Bronx, New York, which facilitated the creation of a 700,000 square foot mixed-use development with 600 units of affordable housing and retail.
Representation of Macy's, Inc. in a Special Permit application for a 50,000 square foot furniture store.
Representation of client in common law vested rights case for a large development site consisting of 36 two-family duplex homes.
Representation of client in rezoning of a large parcel of land formerly owned by the City of New York which facilitated 88 units of affordable housing and a retail component.
Representation of Fortune 50 PRP, providing advisory services relating to procurement procedures and contracting drafting for a 9-figure sediment remediation project which includes dredging and construction and operation of landside processing and transportation facilities.
Former outside counsel to the Engineers Joint Contract Documents Committee (EJCDC, a joint venture of the American Society of Civil Engineers, the American Council of Engineering Companies, the Associated General Contractors of America, and the National Society of Professional Engineers.)
Numerous multi-million dollar design and construction defect lawsuits involving process facilities, infrastructure, and structures.
Construction Law Advisor to Program Manager of a $2.3 billion wastewater conveyance, storage, and treatment program.
Lead counsel of a six-lawyer team, defending claims totaling $100 million asserted against a Fortune 50 corporation on a $525 million project.
Consultant on dispute resolution procedures for infrastructure projects in Bangladesh, Botswana, India, and Madagascar.
FIDIC (International Federation of Consulting Engineers) representative to UNCITRAL (United Nations Commission on International Trade Law) Procurement Working Group
Dispute Resolution Board Experience
Served as Chairman or Member of 80 dispute review or adjudication boards and arbitration panels on over $13 billion worth of bridge, tunnel, highway, and dam construction projects (international and domestic).
Served as Member of Dispute Board for $1.1 billion New York City Subway Tunnel Project.
Served as Chairman of Dispute Review Board for $1.4 billion contract for East Suspension Span of the new San Francisco--Oakland Bay Bridge.
Served as Chairman of Dispute Adjudication Board for $500 million hydro-electric project on the Nile River in Uganda.
Served as Chairman of Dispute Adjudication Board for $400+ million Shaft and Intake Tunnel under Lake Mead, Nevada.
Served as Member of Dispute Board for $200 million Dallas Area Rapid Transit Project.
Served as Member of Dispute Board for $400 million Valley Metro Light Rail Project consisting of eight contracts in Glendale, Phoenix, Tempe, and Mesa, Arizona.
Counseled clients in connection with billions of dollars of complex real estate transactions and has been recognized by The Legal 500 and other publications for his work in the real estate industry. For eight years, Andrew served as Chair of the firm's national Real Estate practice, incorporating economic development, construction, and environmental services into the national practice and expanding into markets such as New York, Los Angeles, Virginia, and Washington, D.C. Andrew has been a long-time member of the firm's Board of Directors and since 2008 leads the strategic growth and management of the firm.
Represented vehicle, recreational vehicle and boat manufacturers against claims under Florida's Lemon Law, Chapter 672 of the Florida Statutes and the Magnuson Moss Warranty Act at both the trial court and appellate level, handling all aspects of the litigation, including motion practice, vehicle inspections, mediation and summary judgment
Appropriations - Experience includes assisting clients in securing federal funds, in legislative allocations, authorizations and agency grants.
Transportation - Experience includes work on several surface transportation reauthorization bills, part of the team that helped draft the State Infrastructure Bank legislation which was the first federal innovative financing program, and assisting ports and beach communities obtain funding and project management from the U.S. Army Corp of Engineers.
Government - Experience includes work for cities, counties, transit properties, airports, educational institutions, science centers and foreign governments.
Council of American Overseas Research Centers - General Counsel
International Center for Middle Eastern+Western Dialogue (The Hollings Center) - General Counsel
Ocean Stewards Institute - General Counsel
Representation of clients in the governmental-permitting process at the local, regional, and state levels, representing owners and developers of residential and mixed-use projects, regional malls and strip centers, hotel and resort facilities, hospitals, industrial parks, marinas, petroleum and port-related facilities, sports and entertainment complexes, and public airport expansions. He has extensive experience with large-scale developments, counseling clients through the Development of Regional Impact (DRI) process, including modifications to existing Development Orders, and has represented both private and public sector entities as lead counsel in such proceedings. He previously served as an Assistant County Attorney for Broward County where he was instrumental in the promulgation of Broward County's Land Development Code and the implementation of the Comprehensive Plan.
Representation of gaming entities, insurance companies, financial institutions, real estate developers, private and public corporations, and individuals. Ariel has also represented political action committees and ballot advocacy groups in state-level initiative and referendum campaigns. Previously, Ariel worked in Senator Harry Reid's office overseeing day-to-day operations.
Representation of Washington Bancorporation Creditors Committee.
Representation of EPIC Real Estate Services Co.
Representation as Co-counsel in widely-publicized Inslaw case.
Representation as Trustee, Urban Broadcasting Corp.
Representation of an owner of 168 condominium units in Chapter 11, in a fractured condo project in Orlando.
Representation as Chapter 11 Trustee in 10 related, single asset, real estate cases, including land development, commercial office, and residential projects; responsible for management and development of each project.
Representation of financially distressed hi-tech company and its majority shareholder in workout of multiple, interrelated disputes with ousted director, related companies, lenders and other secured creditors, terminated employees, and co-guarantors, issues included four separate state and federal lawsuits involving millions in claims.
Representation of a junior lien holder on 168 condo units.
Representation in a real estate case in a Chapter 11 proceeding of a land developer of a large residential real estate project in Leesburg, Virginia, of approximately 1000 acres, with mortgage debt of approximately $38 million.
Phil Schwartz's areas of practice include securities disclosure, private and public debt and equity financings, mergers and acquisitions and general corporate matters. He also represents clients in enforcement matters before the Securities and Exchange Commission.
Phil is an active participant in the activities of The Florida Bar Business Law Section and was Chair of the section in 1996-97. During the past 20 years, he has chaired or participated on many of the section committees that have made proposals to the Florida legislature which have resulted in the modernizing of many of Florida's entity laws. He was also an active participant on the special committees of the section that published reports on legal opinion issues in 1991 and 1998. Additionally, Phil is an active participant in the activities of the ABA Federal Regulation of Securities Law Committee and the ABA Committee on Legal Opinions.
Naylor v. District Board of Trustees, et al., 839 So. 2d 915 (Fla. 5th DCA 2003) (The Fifth DCA affirmed the granting of summary judgment for client, Valencia Community College, and affirmed the application of an exculpatory clause contained in the enrollment package for a police officer training program).
Naylor v. District Board of Trustees, et al., 857 So. 2d 196 (Fla. 2003) (Florida Supreme Court rejected review of the Fifth DCA's certified question regarding the enforceability of an exculpatory clause. The Court's refusal to address the question meant that, consistent with the trial court's initial decision, the exculpatory clause was upheld).
Parness v. Metropolitan Life Ins. Co., 291 F.Supp.2d 1347 (S.D. Fla. Aug. 13, 2003) (District Court Judge Zloch granted summary judgment for client finding the denial of LTD benefits based on back and shoulder problems was correct under either an arbitrary and capricious or de novo standard of review).
Wall v. Pennzoil-Quaker States Co., 2004 WL 3201727 (S.D. Fla. Jan. 27, 2004) (District Court Judge Paine adopted Magistrate Judge Lynch's Report and Recommendation granted summary judgment for client, upholding the termination of LTD benefits based on new medical and surveillance video evidence showing that the claimant's back condition was no longer disabling).
Kirk v. Metropolitan Life Ins. Co., 331 F.Supp.2d 1361 (M.D. Fla. July 22, 2004) (District Court Judge Kovachevich granted summary judgment for client affirming the decision to deny LTD benefit based on independent medical reviews concluding no objective evidence supported claims of disability from migraines and cognitive problems).
Seeger v. Metropolitan Life Ins. Co., No. 3:03-CV-327/LAC/MCR (N.D. Fla. Sept. 29, 2004) (District Court Judge Collier granted summary judgment for client, affirming with the decision to terminate LTD benefits in a pain and psychological disorder case, finding that the evidence showed Plaintiff's condition had improved and she could return to work).
Representation of carrier in products liability bad faith claim alleging that carrier improperly exhausted $2 million policy limits in settlement of paraplegia claim for a release of an additional insured but without a release for the named insured. Shin Crest v. AIU Insurance Company
Representation of insurance carriers throughout Florida in a wide variety of disputes, including bad faith, complex coverage claims, and ERISA since 1994. He is frequently sought out by the industry to provide updates on trends in the Florida insurance litigation landscape and to assist in developing measures to avoid this very costly and potentially damaging litigation. Mark's clients include major national and international insurers and reinsurers. Mark has defended insurance companies from bad faith litigation under both first and third party coverages arising from motor vehicle, commercial general liability, property, and employer liability policy contracts. His third party bad faith experience includes excess judgment and proactive tender cases, Coblentz/Cunningham agreements, multiple claimants with short limits, wrongful coverage denial and/or failure to defend cases, and premature exhaustion of limits for one insured to the detriment of another. His first party bad faith experience includes claims of lowballing, delay, improper use of appraisal/EUO/SIU, and wrongful coverage denial. Mark's coverage experience includes litigation regarding the insurer's duty to defend, construction defects, allocation of damages where multiple carriers are involved, and drop down of coverage as well as extensive experience in litigating coverage and rescission claims under life, health, and disability coverages. Mark also represents carriers in the defense of class actions related to premium practices, claim handling practices, and purported violations of the Florida No Fault statute related to personal injury protection.
Representation of design/build contractor in multi-jurisdictional litigation involving claims and insurance coverage disputes arising from design and construction of medical office and ambulatory care facility housing MRI facilities, examination rooms, laboratories, and surgical operating rooms. Marshall Erdman & Associates v. TIG Insurance, et al. (Supr. Ct. Wisc., Fed. Dist. Minn., Supr. Ct. of Ohio).
Representation as Amicus Curie counsel in appeal involving inter alia, rights of defense and indemnity under a professional errors and omissions policy for construction defect claims asserted against a Design/Build contractor. 1325 North Van Buren, LLC v. 7-3 Group, Ltd et al (Wisconsin Court of Appeals).
Representation of fire protection contractor in pursuit of $3.2 million in claims against Construction Manager and sureties arising from construction of the Phase IV Expansion of the Orange County Convention Center. Southeast Fire Protection LLC v. Hunt Construction et al (Cir Ct. Orange Co. Fla).
Representation of Design/Build Contractor in defense of bond claims arising from construction of United States Marine Barracks Annex and Support Facility in Washington, D.C. United Sheet Metal Inc. v. Coakley & Williams Construction Inc. et al (U.S. Dist. Ct. D.C.).
Representation of mechanical subcontractor in prosecution of $19 million claim for delay and productivity losses incurred in construction of John R. Dingle VA Medical Center in Detroit, Michigan. Appeal of Bateson Dailey Joint Venture (Veterans Affairs's Board of Contract Appeals).
Representation of KPMG Consulting in an action to recover amounts due for furnishing, configuring, and implementing Oracle Applications Suite software for public school system. KPMG Consulting, LLC v. New Baltimore City Board of School Commissioners (USDC N.D. Md.).
Representation of City of Los Angeles in defense of contractor's claims for additional compensation arising from construction of Hyperion Full Secondary Wastewater Treatment Facilities. Kiewit Pacific Co. v. City of Los Angeles (Supr. Ct. L.A. County, Calif.).
Representation of contractor to recover amounts due resulting from default termination of contract for underground and foundation construction of steel processing mill. Baker Concrete Construction, Inc. v. AK Steel Corporation and Eichleay Engineers, Inc. (Ct. Common Pleas, Ohio).
Representation of Lincoln National Life Insurance Company in bid protest proceedings arising from exclusion of Lincoln National from tax deferred annuity programs for the Fairfax County Public Schools. Lincoln National Life Insurance Co. v. County of Fairfax (Cir. Ct. of Fairfax, Va.).
Representation of Biztel Communications as local counsel in defense of claims and prosecution of counterclaims arising from agreements to procure FCC licenses covering 39 GHz spectrum for high-speed digital data transmission. Columbia Capital Corp., et al. v. Biztel Communications, Inc. (USDC E.D. Va.).
Representation of joint venture in claims against EPC contractor and designer arising from design and construction of fatty alcohol and methyl esters processing plant in Kuantan Port, Malaysia. FPG Oleochemicals SDN.BHD v. Black & Veatch, et al. (USDC W.D. Mo.).
Representation of defense contractor in defense against claims of breach of contract and False Claims Act violations arising from performance of a contract with the United States Air Force for implementation of a command and control enhancement contract. Techdyn Systems Corporation v. Whittaker Corporation (Cir. Ct. of Arlington, Va.).
Representation of research consortium in defense of termination for convenience claims arising from closure of Superconducting Super Collider Laboratory in Waxahachie, Texas. Westinghouse Electric Corporation v. University Research Associates (USDC D.C./USDC N.D. Tex.).
Representation of government securities trader as local counsel in defense against claims by investor for violation of securities and commodities statutes in conjunction with foreign currency transactions. Laszlo N. Tauber v. Solomon Forex, Inc. (USDC E.D. Va.).
Representation of owner/developer in conjunction with construction defect and insurance coverage disputes arising from construction and development of condominium community. Michael Carey, et al. v. TC Residential Boston I, Inc. (Supr. Ct. Comm. of Mass.).
Transactional
Representation of owner/developer in drafting and negotiation of Guaranteed Maximum Price (GMP) contracts for construction of Park Place (Annapolis, MD), a mixed use project consisting of condominium, office building, hotel and parking garage.
Representation of contractor/bidder in proposal preparation and bidding of contract for demolition and environmental renovation of the Connecticut Yankee Nuclear Power Plant.
Preparation of risk management assessment for tunnel engineering contract and related procurement documents for the Metropolitan Transit Authority, East Side Access, New York, NY.
Arbitration/ADR Proceedings
Representation of Design/Build contractor in mediation of claims for additional compensation arising from construction and renovation of facilities at the United States Air Force Academy.
Representation of contractor in arbitration and mediation of claims for additional compensation, delays, and impacts arising from construction of 1,100MW gas-fired, combined cycle power generation plant.
Representation of owner in mediation of claims and change orders arising from construction of 600MW gas-fired combined cycle power generation plant and related sewage treatment, water treatment, and gas compression facilities.
Michael has managed a number of large complex actions. For example, since 1999 Michael has served as co-lead counsel for the City of Los Angeles in the litigation arising out of the Hyperion Wastewater Treatment Plant project. These cases involve over $80 million in claims, million of pages of evidence, the implementation of a sophisticated document management system, hundreds of depositions, multiple settlement conferences and claims presentations, and the coordination of over a dozen experts and consultants.
Representation of the League of California Cities and its constituent members as amicus in the Amelco Electric v. City of Thousand Oaks in California Court of Appeals and the California Supreme Court. In this landmark decision the Supreme Court essentially preserved the requirement for competitive bidding in public works contracts and rejected the construction bar's use of claims of Aabandonment to bypass those bidding requirements.
Representation and advise of Rio Hondo Community College during construction of its Science Building Remodel and Expansion, including working closely with both faculty and the College's CM firm to resolve disputes with the construction, advise on methods to accelerate project completion, and to assist the College in best protecting itself from future construction related claims.
Representation and advise of El Camino Community College on design, construction and contracting issues and disputes arising out of the college's current $400 million campus-wide expansion and reconstruction program.
Representation of the City of Los Angeles against over $80 million in contractor "requests for equitable adjustment" arising out of alleged changes and design errors and omissions during the design and construction of a $168 million expansion to a portion of the City's Hyperion waste water treatment facility.
Representation in the prosecution of a multimillion dollar cross claim for the City of Los Angeles against those same contractors for violation of the False Claims Act and for fraud.
Representation of the County of Los Angeles in a multi-million dollar public contract dispute with one of the third party administration companies hired by the County to manage the County's self-funded worker's compensation program.
Representation involving the prosecution of claims by the County against this same third party administrator to recover million in statutory penalties imposed due to that administrator's actions.
Advise for the County on the most cost effective litigation methods and potential statistical analyses to enable County to recover millions in additional statutory penalties from other third party administrators.
Representation of the Trustees of the California State University of over $10 million in contractor delay, disruption, over inspection and change order claims arising out of the construction of a major new series of buildings at the Northridge campus, including prosecution of false claim allegations against the contractor. The contractor ultimately abandoned all of its claims.
Representation in the defense for the Trustees of the California State University of millions in contractor impact claims allegedly resulting from design defects and owner changes arising out of the construction of the performing arts center and related facilities at the Long Beach campus.
Representation in the defense against contractor delay and design defect related claims exceeding $ 10 million on the County of Los Angeles' Emergency Operations Center and successfully, prosecution of cross claims against the contractor for violation of the California False Claims Act which ultimately resulted in the contractor dropping its entire claim against the County.
Representation involving the defense of millions in contractor claims against the County of Los Angeles for alleged excessive change order costs and for delays and disruptions for alleged design problems for the hi tech thermal energy storage system constructed as part of the construction of the County's new "Twin Towers" expansion of the Los Angeles Men's Central Jail.
Recovery for the County of millions of dollars in damages for defects in the fabrication and construction against the contractors for this same thermal energy storage system.
Representation involving prosecuting claims against the architect and structural engineer for design errors and omissions which lead to tens of millions of dollars in change orders on the County's "Twin Towers" project.
Lead counsel for defense of legal malpractice and breach of fiduciary claim for international law firm in which damages are claimed to be $1.15 billion.
Lead counsel for international entertainment and retail corporation in California wage and hour class action.
Panel counsel for one of the nation's largest PEO's handling all claims of employment related litigation.
Defended an international law firm in claims of breach of fiduciary duty and legal malpractice resulting in a denial of claim for punitive damages.
Lead counsel in defense of alleged malpractice against national law firm in which Plaintiff claimed damages to be approximately $40 million.
Lead counsel in defense of case for publicly traded commercial landowner involving allegations of violation of FCC regulations and tortious interference.
Represented a 50% managing member in claims involving breach of fiduciary duty, defamation and breach of Florida's LLC Act.
Defended claims of breach of fiduciary duty and derivative claims brought by former minority shareholder.
Defended international entertainment and retail corporation in sexual harassment and retaliation arbitration.
Defended international entertainment and retail corporation in claims of race discrimination and retaliation.
Acts as national employment counsel for a California based international entertainment and retail corporation including management and supervision of all employment litigation throughout the United States.
Defended international design/build engineering firm in claims involving professional negligence in connection with $100 million dollar roadway design project.
Represented publicly traded software company in litigation involving breach of contract, fraud and request for receiver.
Lead counsel for restaurant chain involving both direct and derivative claims of purported minority shareholder.
Defended international food distributor in case involving allegations of race discrimination and retaliation.
Represented scientific laboratory against former employees for violations of the Uniform Trade Secrets Act and related torts.
Defended international entertainment and retail corporation by the Civil Rights Division of a large municipality.
Conducted employment diversity training at various locations throughout the United States for international retailer and entertainment venues.
City of Pompano Beach, Florida et al, Petitioner vs. Swerdlow Lightspeed Management Co. et al, 31 Fla. Law Weekly D2970A (4th DCA, Nov. 29, 2006).
SFD@Hollywood LLC - Friends of the Great Southern, et al, Appellants vs. City of Hollywood and SFD@Hollywood, LLC (4 D06 – 3365, September 19, 2007) 32 Fla. L. Weekly D2254a
Grinnell Corp. vs. The Palms 2100 Ocean Boulevard Ltd., En Banc, 924 So.2d 887 (4th DCA, 2006).
Clear Channel Communications, Inc. vs. City of North Bay Village et al, 911 So. 2d 188 (3rd DCA, 2005).
Winston Park, Ltd. vs. City of Coconut Creek, 872 So.2d 415, (4th DCA, 2004).
Minnaugh vs. County Commission of Broward County, 783 So.2d 1054, (Fla. 2001), 752 So.2d 1263 (4th DCA, 2000).
Capital Asset Research Corp. vs. Michael Swerdlow Companies Inc., 473 So.2d 43 (4th DCA, 1999).
Arena Dev. Company Ltd. vs. Broward County, 708 So.2d 976 (4th DCA, 1998), Rehearing Denied, May 8, 1998.
Oakwood Plaza, L.P. vs. D.O.C Optics Corporation, 708 So.2d 959 (4th DCA, 1998).
Family Bank vs. Able Realty of America Corp., 702 So.2d 1322 (4th DCA, 1998).
Space Development Inc., vs. Florida One Construction Inc., 657 So.2d 24 (Fla. 4th DCA, 1995).
Rite Aid of Florida vs. STS Building Associates, et al, 623 So.2d 507 (4th DCA, 1993).
STS Land Associates L.P. et al vs. City of Hollywood, 585 So.2d 1170 (4th DCA, 1991).
Hollywood Mall and William D. Horvitz, et al. vs. John V. Capozzi et al., 545 So.2d 918, (4th DCA, 1989).
Interdevco, Inc. et al. vs. Brickell Banc Savings Association et al., 524 So.2d 1087, (3rd DCA, 1988).
In the Matter of Emerald Hills Country Club, Inc. et al. vs. Hollywood Inc., 32 BR 408 (US Bcky Ct. SD Fla. 1983).
Hollywood Inc. vs. Broward County, 431 So. 2d 606, (4th DCA, 1983).
Representation of a number of the nation's largest banks in the closing of hundreds of multi-million dollar loans, including acquisition and development, construction, home builder, and syndicated loans. Recently, much of Tom's practice has been devoted to loan workouts for several prominent lending institutions. He also continues to represent real property developers and investors in development, sales, and leasing matters for a wide range of projects.
Virginia serves as General Counsel to the Florida Bankers Association and represents businesses and financial institutions in disputes with customers with other entities and with regulators. She has also defended more than 20 class actions and provides clients with regulatory and operational advice relating to laws affecting the interstate and international operations of banks and non-traditional financial institutions. Virginia is recognized by Chambers USA for Banking and Finance in Florida and by The Best Lawyers in America for Banking Law, Commercial Litigation, and Bet-the-Company Litigation in Florida.
Defense of claims against mortgage loan originators, loan servicers, and investors in class and individual lawsuits, bankruptcy adversary cases, and contested foreclosures. In addition to defense, Jeff concentrates on loan repurchase and recovery litigation, with emphasis on investigating and prosecuting origination fraud working closely with federal and state regulators and law enforcement.
defense of claims against mortgage loan originators, loan servicers, and investors in class and individual lawsuits, bankruptcy adversary cases, and contested foreclosures. In addition to defense, Jeff concentrates on loan repurchase and recovery litigation, with emphasis on investigating and prosecuting origination fraud working closely with federal and state regulators and law enforcement.
Representation of automobile dealership in the trial court and on appeal on claims brought by another automobile dealer for breach of contract and specific performance based on a memorandum of understanding entered into by the parties involving the complex sale and purchase of an automobile dealership. The Collection, LLC v. Warren Henry Automobiles, Inc., 13 So. 3d 537 (Fla. 3d DCA 2009)
Representation of big box retailer in the state and federal courts regarding the denial of a site plan within the context of a contract zoning dispute. Wal-Mart Stores East L.P. v. Town of Davie, 977 So. 2d 636 (Fla. 4th DCA, 2008)
Representation of large well known developer on various claims for breach of contract, contracts voidable under the Statute of Frauds and Interstate Land Sales Full Disclosure Act, specific performance, and for return of deposits brought by purchasers of homes and condominiums.
Representation of large well known developer on the interpretation of a state statute requiring certain disclosures which have to be given to homeowners acquiring homes in a subdivision subject to declarations of covenants, including the majority of new homes in most markets.
Representation of owners, contractors, and subcontractors on claims of complex construction defect litigation, fraudulent construction liens, and breach of contract.
Representation of a large well known developer in action involving local zoning codes and variances brought by a neighboring homeowner.
Prosecuted and defended litigation matters involving a variety of issues, including contract disputes, trademark, construction, and construction lien matters.
Representation of a city on a claim of violation of the Government-in-the Sunshine Law. Bruckner v. City of Dania Beach, 823 So. 2d 167 (Fla. 4th DCA 2002)
Collections, USA, Inc. v. City of Homestead, 816 So. 2d 1225 (Fla. 3d DCA 2002)
Representation of retailers in consumer fraud and food liability class actions in Florida federal courts.
Representation as national coordinating counsel for New Jersey medical device manufacturer with respect to all devices.
Representation of medical device manufacturer in United States and foreign litigation involving breach of fiduciary duty and theft of corporate opportunity and in litigation in California involving unfair business practices
Representation of thimerosal manufacturer in defense of all Florida vaccine litigation.
Representation of yacht manufacturer in admiralty, products liability, and theft of trade secrets cases in Florida and Pennsylvania federal courts.
Representation as Florida counsel for several companies in defense of over 5,000 asbestos and silica cases.
Representation of retailers of pet food in the successful defense of claims relating to products that were defectively manufactured in China.
Counsel manufacturers of various consumer products regarding Consumer Product Safety Commission regulations and recalls.
Representation of The Sports Authority, one of the nation's largest sporting goods chains in over 20 leasing deals.
Representation of Equity One, a publicly traded REIT, that specializes in grocery anchored shopping centers in both leasing matters and the sale/acquisition of real property.
Representation of Flagler Development Group in the purchase of multiple office and industrial warehouse buildings throughout Florida.
Representation of clients, on a national basis, in numerous warehouse and industrial leasing matters.
National representation of both landlords and tenants in commercial leasing of shopping centers, office buildings, and mixed use projects; build-to-suit leases; ground leases; subleases; acquisition and sales agreements; and the drafting and negotiation of development agreements, reciprocal easement, and operating agreements.
Representation of a national materials supplier in multiple lien foreclosure actions.
Representation of contractors and developers in negotiating and drafting complex commercial construction contracts.
Representation of local and national employers, including local units of government such as the City of Fort Lauderdale, in employment litigation and arbitration cases, and provides counseling and representation on matters arising under federal, state, and local employment law such as Title VII, the ADA, the FMLA, and Federal constitutional claims asserted through 42 U.S.C. Sec. 1981.
Representation of hotel/casino in breach of contract actions.
Works with national insurance companies, such as St. Paul Travelers Insurance, with respect to labor and employment issues.
Represented a local church against claims of negligent hiring and retention based on allegations that were over 25-years old, including litigating issues related to the applicable statute of limitations. Jane Doe v. Trinity Baptist Church of Jacksonville, Inc., 2009 WL 1037608 (Fla. 1st DCA Apr. 20, 2009); Jane Doe 4 v. Trinity Baptist Church of Jacksonville, Inc., 2009 WL 1037600 (Fla. 1st DCA Apr. 20, 2009); Jane Doe 5 v. Trinity Baptist Church of Jacksonville, Inc., 2009 WL 1037598 (Fla. 1st DCA Apr. 20, 2009); Green v. Trinity Baptist Church of Jacksonville, Inc., 2009 WL 1037660
Represented a major Southeastern United States employer in an age discrimination case that also raised an issue of first impression regarding the availability of an attorney's fee multiplier under the Florida Civil Rights Act. Winn Dixie Stores, Inc. v. Reddick, Case No. 1D04-4340 (Fla. 1st DCA January 25, 2007)
Represented a Fortune 500 Company in a claim of age discrimination at trial and on appeal, including a request for certiorari to the United States Supreme Court. Swanko v. Winn Dixie Stores, Inc., 123 S.Ct. 2584 (2003)
Represented a Fortune 500 Company on a claim of sexual harassment, retaliation, and negligent hiring and retention. Smith v. America Online, Inc., 499 F.Supp.2d 1251 (M.D. Fla. 2007)
Represented a leading internet service provider in claims arising out of its Jacksonville and Orlando, Florida, call centers related to race, sex, age, and disability discrimination and claims under other statutes, including the Family Medical Leave Act.
Representation of insurers, excess insurers, reinsurers and self-insured corporations in all matters involving CGL, property, auto, protection and indemnity (P&I), worker's compensation, employer’s liability, reinsurance, malpractice, errors and omissions and other business insurance policies. Her cases often involve issues relating to insurance coverage for pollution, mold, construction defect, advertising injury and property damage claims. Other cases typically involve the insurer's duty to defend, allocation of damages among carriers, order of insurance, tender, drop down of coverage and duties and obligations relating to excess insurers. Nina has litigated class action claims arising pursuant to mandated coverages in auto policies in federal and state courts, including appeals to the Eleventh Circuit and the Florida Supreme Court. Additionally, she has defended both common law and statutory bad faith cases arising under business auto, CGL, property damage and employer liability policies. Nina has litigated all aspects of ERISA cases including claims for breach of fiduciary duty and claims for benefits. Most recently, she has litigated procedural issues in state and federal court relating to arbitrations, and has represented reinsurers in arbitration proceedings in Florida and other states. Nina is a member of ARIAS-U.S., a national arbitration forum. She is frequently sought out as a lecturer and has most recently given seminars on insurance coverage and insurer bad faith in Florida.
J. Everett Wilson's practice is devoted to the representation of healthcare providers and other entities involved in the healthcare and healthcare insurance industries. For almost 20 years, he has assisted clients meet the myriad of challenges presented by a complicated and highly regulated industry. With experience in nearly every aspect of health law, he focuses primarily on issues relating to Medicare and Medicaid, regulatory compliance, provider operations, and managed care.
Everett has represented many clients in civil trials, federal and state administrative proceedings, and business transactions. He has extensive experience in Board of Medicine and AHCA disciplinary proceedings, Medicare and Medicaid audits and appeals, fraud and abuse, and other compliance related matters. He has successfully defended healthcare professionals and other providers in various types of licensing and reimbursement disputes, and has achieved multi-million dollar reductions in numerous Medicare overpayment cases.
His thorough understanding of the healthcare industry has benefited clients with the full spectrum of healthcare related business issues, including the establishment of provider networks, MSOs, and TPAs. He has experience in negotiating managed care, non-compete, employment, and many other types of agreements specific to the healthcare industry. He has also represented parties in the purchase and sale of healthcare related entities.
Everett has authored numerous articles on various healthcare matters, and regularly speaks at professional and industry seminars on current healthcare topics.
Representation as amicus curiae for Florida Bankers Association; party must be specifically named in writ of garnishment for financial institution to be liable for funds released after receipt of writ - simply alleging that an entity is the alter-ego of one of the judgment debtors is insufficient. Merrill Lynch & Co., Inc. v. Valat International Holdings, Ltd., 987 So. 2d 703 (Fla. 3d DCA 2008)
Representation of client involving license revocation statute held unconstitutional as unlawful delegation of legislative authority. Sloban v. Fla. Dep't of Health, 982 So. 2d 26 (Fla. 1st DCA 2008)
Representation of client in a stay and reversal of emergency suspension orders issued by state agency. Premier Travel Inter., Inc. v. Dep't of Agriculture and Consumer Servs., 849 So. 2d 1132 (Fla. 1st DCA 2003)
Representation of employers nationwide in enforcement and rulemaking proceedings before the federal Occupational Safety and Health Review Commission and state occupational safety and health agencies. He also represents clients in civil litigation ranging from whistleblower claims to employment and housing discrimination. Paul has handled multiple trials in state and federal courts and has handled numerous appeals in state and federal courts concerning occupational safety and health cases and other civil matters.
Paul has represented clients in a variety of industries and has represented major healthcare trade associations during OSHA rule-making proceedings. In addition, he has represented clients before the Department of Labor's Administrative Review Board in OSHA, Surface Transportation Assistance Act, and Sarbanes-Oxley whistleblower complaints. Paul regularly speaks on occupational safety and health issues and has been a panelist at the annual Occupational Safety and Health Review Commission's judge's conference. He has also participated in industry panels concerning environmental safety and health issues in the field of nanotechnology.
Represented two police officers in a civil rights case tried before a jury in the Southern District of Florida where Plaintiff claimed that one officer used excessive force in beating him after he was arrested and the other officer failed to intervene to stop the excessive force.
Representation in Miami-Dade County on behalf of professional sports league to protect intellectual property rights in advance of major sporting event.
Representation of lighting manufacturer in personal injury claim on the question of damages including a spinal surgery.
Representation of private security company in Miami-Dade County jury trial on former employees whistleblower claims.
Representation of private security firm with large government contract in qui tam litigation.
Representation of private security company in a negligent security action brought by a homeowner in an exclusive gated community who suffered serious injuries in a dispute with a fellow homeowner.
Representation of property owners within a broad range of real property activities, including acquisitions, assemblages, project finance, development, leasing, and other matters. His practice has a particular focus in the development community, and also includes representation of investors, tenants, and lenders. Jeff has handled numerous property assemblages and large scale multi-state development programs, and structuring of complex mixed-use projects, including both traditional master planned developments and vertically integrated new urban projects. He has significant experience in the residential, retail, hotel, self-storage, and multifamily sectors. He also has represented numerous high net worth individuals and athletes in the acquisition of both investment and residential properties.
Jennifer Williams has devoted her entire career to representing management in all facets of labor and employment law. Jennifer's experience includes representation of a broad range of local, regional, and national clients in Title VII, Fair Labor Standards Act, ADEA, and statutory whistleblower actions before federal and state courts and various government agencies. Jennifer has drafted, negotiated, and litigated several non-compete and restrictive covenant agreements. She conducts diversity and harassment training for multiple employers and provides consultation and advice to employers regarding personnel issues and policies. Jennifer is Board Certified by The Florida Bar in Labor and Employment Law, and has been recognized by Chambers USA since 2006.
Provides advice, counseling, and representation to private sector employers regarding labor and employment issues. Representation includes all facets of litigation through trial and appeal of actions in federal and state courts arising under Title VII of the Civil Rights Act, the Americans with Disabilities Act, the Age Discrimination in Employment Act, the Employee Retirement Income Security Act, the Family and Medical Leave Act, the Fair Labor Standards Act, the Florida Civil Rights Act, the Florida Whistleblower Act, and federal and state constitutional claims.
Consults with and advises employers on a wide range of human resources issues, including personnel policies and procedures, discipline and discharge matters, drug and alcohol testing, employee privacy rights, and education and training programs for managers and supervisors.
Employment Agreement and Non-Compete Litigation
Representation of international pharmaceutical company in jury trial regarding change of control provision in executive employment agreement.
Negotiation and resolution of non-compete/non-solicitation agreement for cardiology practice against former physician.
Whistleblower
Representation of national waste collection and services company in jury trial under Florida private-sector whistleblower retaliation claim.
Representation of large electric utility client in Florida private-sector whistleblower discrimination and retaliation claim on issue of joint employment.
Wage & Hour
Representation of national auto industry client in federal district and appellate court litigation regarding administrative exemption under Fair Labor Standards Act.
Representation of construction company in multiple potential collective actions under the Fair Labor Standards Act. Created and implemented new compensation policies for client.
Employment Discrimination
Representation of national education industry client in federal district and appellate court national origin discrimination and retaliation litigation.
Representation of major cruise line in multiple federal court discrimination and retaliation lawsuits under Title VII, the Family and Medical Leave Act, the Age Discrimination in Employment Act, and 42 U.S.C. § 1981.
Representation in many of the largest bankruptcy cases in the United States, including the representation of creditors in the Lehman Brothers and Bernard Madoff Investment Securities cases, a vendor and reclamation claimant in the Lyondell Chemical Company bankruptcy, and the largest equity holder in the Winn Dixie bankruptcy.
Representation of CPF Investment Group, LLC and its affiliates in the acquisition of a leasehold estate and the negotiation of a long-term development lease with Miami-Dade County by the Miami Dade Aviation Department for the development of a 178 acre private-public mixed use project.
Representation of AVE, LLC and its subsidiaries for office, aviation, warehouse, and retail leasing, including a lease with the United States Postal Service for a 500,000 square foot Class A regional distribution center facility.
Representation on real estate matters in connection with the $12.9 billion merger of Republic Services, Inc. with Allied Waste Industries and subsequent dispositions including real estate transactions in California, Colorado, Florida, Indiana, Kentucky, North Carolina, Ohio, Pennsylvania, South Carolina, and Texas.
Representation of Maplewood Partners, L.P. in connection with real estate matters for the acquisition of the Uncle Julio's and Tia's Restaurant chains.
Representation of a private investment group in the acquisition of a national restaurant chain and the acquisition of an international restaurant chain.
Local counsel representation of private investment partnership in the disposition of hotel assets in Florida.
Representation of a private investment fund in the acquisition of real property for hospitality development in Miami-Dade County, Florida.
Representation of clients in the disposition of a $126 million Class-A office building, the disposition of a $68 million Class-A office building, and the acquisition of a $71 million office building.
Representation of Mason Vitamins, Inc. in leasing 147,000 square feet for office headquarters and warehouse distribution operations.
Representation of borrowers and lenders in financing matters including bridge loans, mezzanine financings, term loans, construction loans, and revolving credit facilities.
Representation of corporate clients in connection with stock, equity, merger, and asset transactions in real estate matters.
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