Representative Cases2019-11-04T00:43:05+00:00

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For our top five case studies in each area, please visit our practice areas

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Representative Case Listing

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For our top five case studies – visit our practice areas

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Representative Case Listing

Recent Victories and Significant Representations

  • Obtained significant summary judgment on the eve of trial involving the critical contractual interpretation of a ‘waterfall’ provision in an approximately $10 million claim relating to the breach of a settlement agreement between Spanish language media companies in Miami and Puerto Rico. Romay et al. v. Caribevision, et al., currently pending in the complex business division in the Circuit Court of the 11th Judicial Circuit, Miami-Dade County, Florida.
  • This last year, MM&H found itself in the center of a high-profile cross-border dispute brought by David Boies and the law firm of Boies Schiller on behalf of a US Trust that was supposedly assigned the interests of PDVSA, the Venezuelan government-owned oil company, in an alleged multi-billion kickback scheme. After a two-day evidentiary hearing, the PDVSA Trust claims were dismissed for lack of standing. Plaintiff was hit with significant fee awards totaling hundreds of thousands as a result of discovery abuse. Both decisions are pending appeal in the Eleventh Circuit Court of Appeals after the favorable decisions in the Southern District of Florida.
  • Through favorable motion practice as trial approaches, MM&H has favorably postured its client, the widow of a 50 % shareholder in the largest Florida property insurer, to obtain full recovery of the $30 million owed in the sale of her husband’s shares to his billionaire business partner. The case is presently set for trial in February. Gold v. People’s Trust Insurance Company, et al., currently pending in the Circuit Court of the 15th Judicial Circuit, Palm Beach County, Florida.
  • Counsel to a potential class exceeding 75,000 members, adverse to international mega-corporation Herbalife, seeking more than $1 billion in damages. At the time of writing, claims are pending against Herbalife in federal courts in California and Florida and in arbitration tribunals throughout the United States. Lavigne et al. v. Herbalife, currently pending in the United States District Courts for the Central District of California, the Southern District of Florida and Eleventh Circuit Court of Appeals.
  • Representing one of the former directors of Brazilian companies in high-profile fraud litigation brought by Cayman Island and Nevis trust companies who were major bondholders in those companies. This litigation arises out of one of the largest and most prolific fraud schemes in recent times. Meridian Trust Company et. al v. Batista et. al, currently pending in the complex business division in the Circuit Court of the 11th Judicial Circuit, Miami-Dade County, Florida.

New Filings

  • MM&H has been retained as counsel for a group of high net worth individuals to intervene in a highly contentious dispute between developers of a high-end condominium building on South Beach to force turnover and to allow the homeowners’ association to take control and bring appropriate claims against the developers for dissipation of assets and breach of fiduciary duty as well as claims against various contractors for significant structural deficiencies.
  • Counsel to a potential class exceeding 75,000 members, adverse to international mega-corporation Herbalife, seeking more than $1 billion in damages. At the time of writing, claims are pending against Herbalife in federal courts in California and Florida and in arbitration tribunals throughout the United States. Lavigne et al. v. Herbalife, currently pending in the United States District Courts for the Central District of California, the Southern District of Florida and Eleventh Circuit Court of Appeals.
  • MM&H is counsel to a homeowners’ association of another high-end condominium building located on South Beach. The association claims significant damages against the general contractor and several of the subcontractors for this prominent development to the structure as a result of structural deficiencies. Case to be filed in the next 60 days.
  • MM&H represents a PhD Doctoral Candidate in the University of Miami Business School in a high profile claim for sexual harassment and wrongful retaliation under Title IX against a very prolific and fully tenured professor in UM’s Marketing Program.

Case Listings by Category

International Arbitration

  • Obtained significant settlement for high net worth Spanish family against leading international financial broker for losses resulting from unauthorized transactions by rogue agent that resulted in losses of more than $8 million.
  • Represented South African gold mining and exploration company in ICDR arbitration involving breach of contract claims and ownership interests in gold mine resulting in significant arbitration award eventually resolved though settlement after award.
  • Represented Ecuadorian distributor in ICC arbitration involving claims by Korean manufacturer and counterclaims by distributor arising out of the termination of the distribution agreement for Ecuador and other Latin American companies.
  • Represented Brazilian aviation parts provider with long term exclusive sales representative agreements for major European aviation conglomerate in its wrongful termination claims involving independent contracts with various subsidiaries and affiliate companies requiring prosecuting parallel ICC and LCIA proceedings as well as ancillary judicial proceedings eventually resulting in negotiation of omnibus settlement.
  • Obtained significant award in reinsurance arbitration involving leading international carriers and reinsurance companies in coverage dispute arising from construction of major Latin American energy project.
  • Represented general contractor in ICDR arbitration in claims against major US energy company in claims relating to construction of Brazilian power generation plant which was favorably resolved after full hearing through settlement prior to award.

Cross-border Disputes

  • Obtained dismissal of claims under Florida Whistleblower’s Statute by terminated executive working in Latin American operations against leading internet and technology company through motion practice as well as favorable resolution of wrongful discharge claims in related arbitration in US and civil litigation in Argentina.
  • Successfully represented President of the Republic of Colombia, Ecopetrol, the state-owned petroleum company, as well as other senior government officials by obtaining dismissal of RICO and other fraud claims arising out of alleged kickbacks in the award of oil exploration and drilling rights with stated damages of more than $250 million.
  • Successfully recovered approximately $4 million for Venezuelan stakeholder in Texas federal court interpleader action involving claims by Venezuelan government controlled entity, Petroles de Venezuela, S. A. (PDVSA), arising out of expropriation of client’s Venezuelan operations.
  • Represented Florida company in its claims against Bariven, a wholly owned subsidiary of PDVSA, the Venezuelan state-owned oil company in substantial claims arising out of sale of powdered milk from China contaminated with melamine involving parallel proceedings in Miami and Cayman Islands.
  • Successfully obtained transfer of action for misappropriation of trade secrets and breach of fiduciary duties based upon choice of law and forum selection clauses of distributorship agreement for Samsung Semiconductors.
  • Represented a Venezuelan National in connection with an international transaction over $15 million.
  • Represented Spanish and Mexican telecommunications companies in various litigations arising out of their investments in U.S. radio and television companies eventually resulting in significant money damage claims for those Spanish and Mexican investors arising from misappropriations and breaches of fiduciary duties by their U.S. partner.
  • Obtained dismissal of all claims including claims for civil theft, conversion and tortious interference against Mexican senior executive arising out of termination of long term contract with Mexican state government entity after federal bench trial.
  • Represented Republic of Ecuador in both ICC arbitration proceedings and related U.S. litigation involving breach of multi-year electrical utility concessions agreement.
  • Obtained dismissal of all claims including fraud and civil conspiracy against major French aircraft engine manufacturer, Safran Group and its subsidiaries, including fraud, civil conspiracy and theft of trade secrets through focused motion practice.

Real Estate Litigation

  • Obtained favorable settlement of real estate fraud claim for real estate developer based upon material misrepresentations and omissions by broker involved in the sale of large commercial property in Palm Beach County after successful motion practice narrowing exposure.
  • Counsel to Miami-based hotel/condominium in connection with $250+ million LLC dispute among owners of the company, triggering significant litigation concerning corporate governance and LLC member rights.
  • Counsel to real estate developers in connection with allegations of fraud, breach of fiduciary duty and tortious interference relating to the purchase and potential sale of tracts of land in Broward County.
  • Plaintiff’s counsel to Lincoln Road art gallery in connection with a multi-million dollar dispute with its landlord and a neighboring tenant.
  • Plaintiff’s counsel to owner of Hollywood office building in connection with its multi-million dollar lawsuit against its general contractor.
  • Counsel to real estate investors in connection with the purchase of debt (and eventual foreclosure) of dozens of parcels in Palm Beach County.
  • Counsel to luxury residential real estate owners alleging a breach of contract by a developer.
  • Represented Canadian investors in Fort Lauderdale hotel property in mortgage foreclosure action with lender liability counterclaims resulting in successful resolution through renegotiation of financing and monetary recovery on counterclaims.
  • Represent borrowers and lenders in a variety of commercial foreclosure matters and litigated substantial lender liability counterclaims on behalf of guarantors and borrowers.
  • Counsel to investors in private equity funds, REITs, high-yield bonds and other financial vehicles in lawsuits against financial advisors and banks.
  • Counsel to prominent Miami real estate developers in defense of fraud claims.
  • Recovered in excess of $30,000,000 in dozens of cases as South Florida counsel for one of the largest financial institutions in the country and a government sponsored enterprise prosecuting claims seeking recovery from title insurers for breach of closing instructions, fraud and dishonesty and against loan sellers seeking repurchase and/or indemnification for breach of Master Correspondent Loan Purchase Agreements.
  • Obtained summary judgment for title insurer faced with class action related to alleged failure to provide reissue rate.
  • Obtained pre-suit recovery for owner of large commercial building in connection with construction defect claims related to the faulty installation of a roof asserted against contractors, architect and roof manufacturer.
  • Obtained summary judgment for law firm, affirmed on appeal, related to statute of limitations. Veitch v. Wasserman, 117 So. 3d 424 (Fla. 3d DCA 2012).
  • South Florida counsel to owner of $3.6 billion in assets under management, including approximately 15,000 multi-family units and 10 hotels, related to a variety of litigation and business disputes involving those assets in South Florida.
  • Represented condominium and homeowners’ association related to officer and director liability claims.

Construction Litigation

  • Defeated both motions for summary judgment seeking to exclude our client from obtaining consequential damages and damages related to water intrusion.
  • Plaintiff’s counsel to owner of Hollywood office building in connection with its multi-million dollar lawsuit against its general contractor.
  • Represented target defendant in the Chinese Manufactured Drywall Litigation, which involved hundreds of national class actions consolidated in a multi-district proceeding in the federal court in New Orleans. Knauf Plasterboard, one of the world’s largest privately-held building materials manufacturers was the primary defendant in litigation involving over 30,000 impacted found primarily throughout the Southeastern U.S. Litigation arising from installation of Chinese drywall product in new home construction.
  • Obtained pre-suit recovery for owner of large commercial office complex in connection with construction defect claims related to the faulty installation of a roof asserted against contractors, architect and roof manufacturer.
  • Counsel to major property insurer in putative class action based on alleged failure of insurer to pay for building code upgrades.

Fraud Litigation

  • Successfully obtained favorable judgment for Citicorp Investment Bank after federal bench trial where plaintiff claimed securities fraud in the sale of promissory notes and stock warrants.
  • Counsel to prominent Miami real estate developers in defense of fraud claims.
  • Recovered in excess of $30,000,000 in dozens of cases as South Florida counsel for one of the largest financial institutions in the country and a government sponsored enterprise prosecuting claims seeking recovery from title insurers for breach of closing instructions, fraud and dishonesty and against loan sellers seeking repurchase and/or indemnification for breach of Master Correspondent Loan Purchase Agreements.
  • South Florida counsel to owner of $3.6 billion in assets under management, including approximately 15,000 multi-family units and 10 hotels, related to a variety of litigation and business dispute involving those assets in South Florida.
  • Counsel to defrauded investor in connection with multi-million dollar “pump-and-dump” scheme.
  • Defense counsel to SAP software implementation consultant accused of fraud and deceptive practices.
  • Defense of claims for breach of fiduciary duty and conversion for alleged improper use of corporate funds by 50% owner of closely held telecommunications company.
  • Counsel to real estate developers in connection with allegations of fraud, breach of fiduciary duty and tortious interference relating to the purchase and potential sale of tracts of land in Broward County.
  • Defense counsel to individuals and entities accused of extortion, mail fraud and wire fraud relating to public records requests and the filing of allegedly extortionate lawsuits. Order of dismissal, with prejudice, available at Town of Gulf Stream v. O’Boyle, No. 15-80182-CIV, 2015 WL 3970612, at *1 (S.D. Fla. June 30, 2015), aff’d sub nom. Town of Gulf Stream, et al., v. Martin O’Boyle, et al., No. 15-13433, 2016 WL 3401681 (11th Cir. June 21, 2016).
  • Defense counsel to international bank accused of assisting former South American head-of-state in the laundering of millions of dollars, the commission of fraud and the violation of the RICO statute.
  • Obtained recovery of $1,750,000 for real estate executive for breach of promissory note, negligent misrepresentation and fraud.
  • Representation of major art dealer in number of related matters involving allegations that significant artwork including works by Andy Warhol and others were not originals as represented prior to sale.
  • Represented provider of residential mortgage foreclosure processing services, resulting in favorable summary judgment ruling in connection with state common law fraud and negligent misrepresentation claims based on alleged misstatements and omissions in the sale of securities.
  • Counsel to major insurer in various class actions and putative class actions alleging hundreds of millions in damages for fraud in connection with the sale of deferred annuities to seniors.
  • Represented various trustees in connection with more than 100 “clawback” (avoidance) actions.

Business Torts

  • Represented one of venture partners against Waste Management and other venture partner involving tortious interference and other claims arising from Waste Management’s $510 million purchase of the assets being used by the joint venture to compete in the Broward county waste market.
  • Obtained emergency freeze order for Palm Beach privately held company which resulted in recovery of more than half of the $7.5 million loss due to employee embezzlement within 60 days of discovery and initiated negligence claims against accounting firm and financial institutions that failed to uncover embezzlement scheme over 10-year period.
  • Successfully defeated all derivative and direct claims of more than $15 million against majority shareholders and individual officers and directors after full trial arising out of failed launch of medical device.
  • Obtained $15 million settlement for minority shareholder in derivative claim arising out of claims of self-dealing and breach of fiduciary duty by majority shareholders and officers and directors of publicly held company.
  • Represented South Florida staffing company in federal trademark claim brought by nationally recognized competitor claiming infringement of trade name.
  • Obtained Eleventh Circuit decision affirming trial court’s summary judgment in favor of The Golf Channel where plaintiff-appellant failed to establish protectible trademark interest.
  • Obtained summary judgment for national auto glass repair and replacement company of antitrust claims brought by independent glass companies relating to alleged violations of Sections 1 and 2 of the Sherman Act.
  • Obtained dismissal of RICO, Robinson-Patman and commercial bribery claims against machine tool manufacturer based upon the termination of one of its long-time distributors and replacement with another company.
  • Obtained appellate decision reversing jury verdict for approximately $4.5 million in damages and attorney’s fees for alleged antitrust violations in its entirety on behalf of Browning Ferris International.
  • Defense counsel to SAP software implementation consultant accused of fraud and deceptive practices.
  • Represented oil and gas company in a professional liability claim related to a defective Phase I environmental report prepared by a prominent
  • environmental engineering firm.
  • Obtained summary judgment, affirmed on appeal, in defense of a legal malpractice claim brought against a law firm arising from the drafting of estate planning documents. Zohlman v. Zoldan 90 So.3d 296 (Fla. 3d DCA 2012).
  • Obtained summary judgment for law firm, affirmed on appeal, related to statute of limitations. Veitch v. Wasserman, 117 So. 3d 424 (Fla. 3d DCA 2012).
  • Obtained emergency injunctive relief and money damages for client who held exclusive licensing rights to merchandise related to major rock band during its North American tour and enjoined the band through third party merchandisers from selling competing merchandise throughout the entirety of the tour schedule.
  • Represented major retailer in putative class action alleging failure of company to make requisite accommodations for blind individuals accessing company’s public website.
  • Successfully represented Judge Stettin in connection with the appeal to the Eleventh Circuit Court of Appeal of the Federal Government’s attempt to forfeit the assets of Scott W. Rothstein. United States v. Rothstein Rosenfeldt Adler P.A., 717 F.3d 1205 (11th 2013).
  • In Welt v. Becker & Poliakoff, P.A., 2018 WL 1093433 (S.D. Fla. Jan. 9, 2018), on behalf of the Chapter 7 trustee, successfully defended against a motion to strike under Fed. R. Civ. P. 12 regarding allegations made in a complaint about a previous ruling in a related state court case. The Court also denied a motion in limine regarding the same information.
  • In Ebner v. VI Cargo Services, LLC, 173 So. 3d 899 (Fla. 3d DCA 2015), the Third District Court of Appeal affirmed the entry of a preliminary injunction in a case involving the sale of a cargo-shipping business in the USVI and the enforcement of a non-compete agreement given by the seller.

RICO

  • Defense counsel to individuals and entities accused of extortion, mail fraud and wire fraud relating to public records requests and the filing of allegedly extortionate lawsuits. Order of dismissal, with prejudice, available at Town of Gulf Stream v. O’Boyle, No. 15-80182-CIV, 2015 WL 3970612, at *1 (S.D. Fla. June 30, 2015), aff’d sub nom. Town of Gulf Stream, et al., v. Martin O’Boyle, et al., No. 15-13433, 2016 WL 3401681 (11th Cir. June 21, 2016).
  • Defense counsel to international bank accused of assisting former South American head-of-state in the laundering of millions of dollars, commission of fraud and the violation of the RICO. Statute.
  • Defense counsel to former principal of publicly traded real estate investment company accused of participating in RICO enterprise.
  • Defense counsel to engineering company accused of violations under the False Claims Act, RICO, the Florida Deceptive and Unfair Trade Practices Act and common law fraud. Order of dismissal, with prejudice, available at: U.S. ex rel. Sanchez v. Abuabara, No. 10-61673-CIV, 2012 WL 1999527 (S.D. Fla. June 4, 2012).
  • Defense counsel in case alleging RICO violations, including mail fraud and wire fraud, by a national provider of mortgage and consumer loan processing services, mortgage settlement services, default solutions and loan performance analytics.
  • Successfully represented President of the Republic of Colombia, Ecopetrol, the state-owned petroleum company, as well as other senior government officials by obtaining dismissal of RICO and other fraud claims arising out of alleged kickbacks in the award of oil exploration and drilling rights with stated damages of more than $250 million.
  • Represented major insurer on appeal to Ninth Circuit from district court’s ruling in RICO class action that it had jurisdiction to prohibit defendant from settling cases in other forums that might affect claims of class members before that court.
  • Plaintiff’s counsel to regional company in action for RICO violations, civil theft, breach of contract, and unjust enrichment.

Bankruptcy and Insolvency

  • Represented Judge Herbert Stettin as Chapter 11 Trustee for the law firm of Rothstein, Rosenfeldt & Adler, P.A. This case is reported to be the largest Ponzi scheme in Florida history and involves approximately $1.2 billion in claims. The confirmed Plan of Reorganization is expected to provide a 100% distribution to all allowed general unsecured creditors.  In re RRA, 09-34791-RBR (Bankr. S.D. Fla. 2009)
  • Represented Daniel Stermer as Assignee in the assignment for benefit of creditors for The Peer Center, a mental health support facility in Broward County. The Peer Center’s assets were sold and its operations closed. All creditors received a distribution and over $100,000 was donated to a charitable cause dedicated to the same mission as The Peer Center.
  • Successfully defended an involuntary bankruptcy petition against a foreign national and obtained an award of damages and attorneys’ fees under 303(i) of the Bankruptcy Code.
  • Represented CP Miami LLC in connection with the Chapter 11 Proceedings of Commodore Parking Plaza LP, and obtained a transfer of the debtor’s assets to CP Miami through a Chapter 11 Plan.
  • Represented private education institution in connection with an out of court restructuring with its largest lender (a national bank) and obtained a reduction of 50% of the principal loan amount.
  • Represented various buyers of assets in connection with chapter 7 and chapter 11 bankruptcy proceedings.
  • Represented various defendants in adversary proceedings before bankruptcy courts.

Insurance

  • Obtained summary judgment for Travelers’ Insurance Company based upon interpretation of standard provisions of employee dishonesty bond and finding that plaintiff’s coverage was limited to limits of original bond coverage.
  • Obtained landmark decision in which Fourth Circuit’s reversed summary judgment in favor of insured finding that damages for which insurance recovery sought fell outside the available coverages of the industry- standardized D&O fiduciary bond.
  • Obtained Eleventh Circuit decision in favor of insurer on issues of the application of the attorney-client privilege and work product doctrine to claims and forensic accounting documentation.
  • Represented oil and gas company in a professional liability claim related to a defective Phase I environmental report prepared by a prominent environmental engineering firm.
  • Obtained summary judgment, affirmed on appeal, in defense of a legal malpractice claim brought against a law firm related to the drafting of estate planning documents. Zohlman v. Zoldan 90 So.3d 296 (Fla. 3d DCA 2012).
  • Recovered in excess of $30,000,000 in dozens of cases as South Florida counsel for one of the largest financial institutions in the country and a government sponsored enterprise prosecuting claims seeking recovery from title insurers for breach of closing instructions, fraud and dishonesty and against loan sellers seeking repurchase and/or indemnification for breach of Master Correspondent Loan Purchase Agreements.
  • Plaintiff’s counsel to Lincoln Road art gallery in connection with a multi-million dollar dispute with its landlord and a neighboring tenant.
  • Obtained summary judgment for title insurer faced with class action related to alleged failure to provide reissue rate.
  • Represented condominium and homeowner’s association related to various claims for director and officer liability.
  • Obtained full recovery for all damages sought and attorneys’ fees after full bench trial for employer against third party administrator of employee benefits program based upon violation of ERISA statute and breach of fiduciary duty claims.
  • Counsel to insurance company in deceptive sales practices class action involving over 300,000 class members.
  • Counsel to major insurers in connection with market conduct and regulatory issues affecting the sale of life and annuity products to identify and reduce litigation risk.
  • Counsel to major insurer in breach of contract and bad faith class action denying certification.
  • Counsel to major insurer in putative class action alleging unfair trade practices and state statutory violations, resulting in dismissal of action.
  • Counsel to major insurer in various opt-out lawsuits concerning allegedly unlawful and negligent practices in the sale of deferred annuities.

Securities

  • Represented high net worth Spanish developer in significant misappropriation and unauthorized trade claim against major broker dealer and rogue individual broker which was resolved through settlement at mediation before final hearing.
  • Obtained dismissal of 10b-5 claims against senior officer of a public company involved in the time share industry as being time-barred and for failure to state control person liability against the executive under Section 20(a) of the Exchange Act.
  • Counsel to defrauded investor in connection with multi-million dollar “pump-and-dump” scheme.
  • Counsel to investors in private equity funds, REITs, high-yield bonds and other financial vehicles in lawsuits against financial advisors and banks.
  • Counsel to bondholders in a series of multi-billion dollar breach of fiduciary duty and securities lawsuits against AT&T, Cox, Comcast and others arising from their role as controlling shareholders in the first company to provide high-speed internet access via cable modem.
  • Represented Cannacord Genuity Limited, f/k/a Collins Stewart, a major London brokerage house, in a securities fraud action in which it was alleged that it contributed to approximately $400 million in losses suffered in connection with an IPO raising monies for an Orlando commercial real estate and entertainment development which was resolved after aggressive motion practice.
  • Represented provider of residential mortgage foreclosure processing services in putative federal securities class action in district court and on appeal, obtaining dismissal from the district court, affirmed by the Eleventh Circuit Court of Appeals in Philadelphia Financial Management of San Francisco, LLC, et al. v. DJSP Enterprises, Inc., et al., 572 F. App’x 713 (11th Cir. 2014).
  • Represented company in connection with SEC proceedings concerning alleged overstatements and misallocation of revenue related to foreclosure processing services in company’s financial statements.

Franchise Law

  • In an appeal involving the enforceability of BURGER KING®’s Value Menu, the Eleventh Circuit upheld summary judgment against NY-based franchisees, holding that franchisees could be required to participate in Value Menu program and that the franchisees failed to properly apply for an exception. Burger King Corp. v. E-Z Eating 41 Corp., 572 F.3d 1306 (11th Cir. 2009). In a series of other decisions in this long-running dispute, the trial court entered a preliminary injunction requiring the closure of franchisees’ BURGER KING® Restaurants (Burger King Corp. v. E-Z Eating 8th Corp., 2008 WL 384554 (S.D. Fla. Feb. 11, 2008)); granted summary judgment in favor of BURGER KING® on all of its claims and the franchisees’ counterclaims (Burger King Corp. v. E-Z Eating 8th Corp., 2008 WL 11330723 (S.D. Fla. May 22, 2008), and; a second summary judgment, which included a money judgment of nearly $800,000.00 (Burger King Corp. v. E-Z Eating 8th Corp., 2008 11330713 (S.D. Fla. July 25, 2008)).
  • In Picktown Foods, LLC v. Tim Hortons USA, Inc., 2017 WL 9854073 (S.D. Fla. Nov. 8, 2017), the Court dismissed six of eight counts in a lawsuit brought by TIM HORTONS® franchisees in Columbus, Ohio, who sought to bring claims for inadequate and improper franchise disclosures, as well as for breach of contract, good faith and fair dealing, the Florida Deceptive and Unfair Trade Practices Act and for fraudulent misrepresentations. The same Court previously dismissed the entirety of the franchisees’ lawsuit under the Rooker-Feldman Doctrine, which prohibits litigants who lost in state court from bringing the same or similar claims which are “inextricably intertwined” with the state court judgment. Picktown Foods, LLC v. Tim Hortons USA, Inc., 2017 WL 11358745 (S.D. Fla. June 22, 2017).
  • In a heated dispute over the default and termination of two BENIHANA® Restaurants in Texas, the Court in the Western District of Texas in Meltzer/Austin Restaurant Corp. v. Benihana Nat’l Corp., 2013 WL 12093755 (W.D. Tex. Jan. 31, 2013), dismissed claims for tortious interference, intentional infliction of emotional distress, fraud, promissory estoppel, negligence, economic duress/business compulsion with prejudice.
  • In Campero USA Corp. v. PCNY, LLC, 2011 WL 13319576 (S.D. Fla. Sept. 8, 2011), the magistrate judge entered a report and recommendation that popular Latin American quick-service chicken franchisor, POLLO CAMPERO®, was entitled to a preliminary injunction which required the closure of three locations based on the franchisee’s failure to spend required amounts for advertising, promotions and other marketing activities.

Appellate Litigation

  • Filed amicus brief to US Supreme Court on behalf of child advocacy and juvenile justice organizations across the country in support of petition of writ of certiorari seeking uniform recognition of valid adoption orders involving the adoption of children by same sex couples.
  • Obtained landmark decision on behalf of leading pharmaceutical company establishing “learned intermediary doctrine” as the controlling doctrine for determining adequacy of warnings for the pharma industry and in health care in general.
  • Obtained Eleventh Circuit decision affirming trial court’s summary judgment in favor of The Golf Channel where plaintiff-appellant failed to establish protectible trademark interest.
  • Multiple related lawsuits involving claims of securities fraud brought in both the state and federal courts were successfully thwarted repeatedly through separate decisions from the Eleventh Circuit at the federal level and the Fourth Circuit Court of Appeals at the state court level.
  • Obtained appellate decision reversing jury verdict for approximately $4.5 million in damages and attorney’s fees for alleged antitrust violations in its entirety on behalf of Browning Ferris International.
  • Obtained favorable appellate decision from Second Circuit Court of Appeals affirming lower court’s refusal to reinstate federal proceedings capping an extended representation over many years to prevent a $1 billion claim against Banco do Brasil, a major international financial institution, from being here in the United States. Through contorted pleading of the claims and manipulation of the Brazilian courts, the plaintiff sought to have the matter reinstated which had originally been dismissed on forum non conveniens grounds. Mendes Junior International Company V. Banco do Brasil, S.A. 394 Fed. Appx. 787 (2d Cir. 2010; Mendes Junior Int’l Co. V. Banco do Brasil,, S.A., 15 F. Supp. 332 (S.D.N.Y. 1998).
  • Represented national organization as amicus curiae in the United States Supreme Court, which affirmed the lower court’s ruling, in a matter involving interpretation and application of the Securities Litigation Uniform Standards Act (SLUSA) and its potential impact on the ability of bankruptcy trustees to exercise their fiduciary duties.
  • Represented national organization as amicus curiae in the United States Supreme Court on petition for writ of certiorari on grounds of a circuit split and interest in uniformity in the application of the Bankruptcy Code, in particular §546(e), which impacts a bankruptcy trustees’ ability to effectively administer the bankruptcy estate through use of the trustees’ avoidance powers.
  • Represented judgment debtor on appeal in the Eleventh Circuit and in the Supreme Court on a certified question concerning the district court’s ruling that Florida statute of limitations barred appellants’ post-judgment collection efforts.
  • Represented prominent Miami based brokerage firm in connection with appeal of $9 million judgment for breach of contract in Third District Court of Appeal.
  • Represented federal criminal defendant and obtained reversal of conviction for Hobbs Act conspiracy to rob a stash house of cocaine in Eleventh Circuit Court of Appeals based on insufficiency of the evidence, including briefing and argument of evidentiary, constitutional, and federal sentencing issues. United States v. Sardinas, 386 F. App’x 927 (11th Cir. 2010).
  • Representation of criminal defendants on federal sentencing issues on appeal in the Eleventh Circuit from convictions for conspiracy, robbery, narcotics and trafficking.
  • Represented federally recognized Indian Tribe on petition for writ of certiorari to the United States Supreme Court involving issue of federal question jurisdiction in action to enforce Tribal court judgment and supplemental briefing in response to Solicitor General’s brief.