Experience

Experience 2018-05-21T20:01:06+00:00

Arbitration and International Dispute Resolution

  • Represented an international aerospace company in a seven-day ICC international arbitration final hearing held in Europe. The arbitration involved the respondent-manufacturer having supplied a defective product in breach of statutory and contractual warranties.
  • Represented a national mortgage lending institution, three of its affiliates, and three former high-level executives by obtaining partial summary judgment and then an arbitration defense award after a five-day final hearing in a matter alleging sexual harassment, retaliation, breach of contract, defamation, negligence, and tortious interference.
  • Represented a major chemical manufacturer in a JAMS arbitration brought by a former executive alleging breach of a change of control agreement.
    Represented an international engineering company in an ICC international arbitration held in Buenos Aires. The arbitration involved a dispute over the construction of a power plant.
  • Represented a national financial institution in a AAA arbitration brought by a former employee alleging discrimination and retaliation and obtaining dismissal of the arbitration.
  • Represented a national travel industry client in a AAA arbitration brought against two former employees who operated a local office for breach of contract.
  • Represented an international retailer in a AAA arbitration brought against a former employee to enforce various restrictive covenants.
  • Represented shareholders in a two-week final arbitral hearing involving claims against other shareholders in regard to the sale of the company.

Class and Collective Actions

  • Represented international retailer in nationwide class action alleging breach of contract, unfair and deceptive trade practices, and unjust enrichment in connection with the retailer’s refund policy.
  • Represented a financial institution in a class action alleging discriminatory lending practices. The named plaintiffs allege that the financial institution violated U.S. federal laws by denying loan applications for borrowers that were African-American.
  • Represented a client in a consumer action multidistrict software litigation.
  • Represented a client involved in defense of a class action alleging breach of contract; successfully securing decertification of the class and the subsequent denial of a request for class certification.
  • Represented an agricultural client in a multi-million-dollar class action litigation involving breach of contract claims.
  • Represented a national retailer in a collective action for unpaid overtime in Florida under theories of “off the clock” and miscalculation of overtime pay involving up to 250 potential class members.
  • Represented a worldwide hotel operator in a collective action for unpaid overtime based on alleged “off the clock,” docked pay, docked meal breaks, and edited time records under federal and Florida law involving up to 40 potential class members.
  • Represented a construction company in defense of an overtime claim brought by the U.S. Secretary of Labor on behalf of 344 current and former employees of our client. Although our client had admitted liability prior to our firm being retained, based on discovery of key witnesses, including the Wage & Hour investigator assigned to the case, we were able to convince the government to resolve the claim for substantially less than the original claim.
  • Represented a national retailer in an overtime claim brought by 40 former delivery drivers for the company. The plaintiffs alleged they worked in excess of 10 hours of overtime per week, the overtime was worked off the clock, and that the company failed to provide meal and rest breaks.
  • Represented a worldwide construction company in a collective action for unpaid overtime in Florida based on alleged “off the clock” activities being performed for up to 30 project managers on projects throughout the State of Florida.
  • Represented retailer in a high profile class action alleging nationwide violations of Florida’s Unfair and Deceptive Trade Practices Act.

Litigation

  • Represented the President/CEO, other board of directors members, and the record shareholders of a publicly-traded company in a failed reverse merger transaction. Although the buyer was to receive only an empty shell (the value received being the publicly traded company), the buyer attempted to abscond with assets prior to their distribution to the shareholders. We successfully obtained an injunction to prevent the dissipation of the assets belonging to the prior shareholders, obtained a judgment authorizing the release of the funds to the record shareholders, and obtained criminal and civil sanctions against the buyer.
  • Represented an international client in a dispute over a shareholder agreement that created a joint venture in a third company. After nearly a decade of success under the agreement, one of the parties to this international contract attempted to repudiate the contract and enter into a similar relationship with a competing company. The matter involved litigation in a New York federal court and arbitration in Japan.
  • Represented a publicly traded company against its former founder for committing various securities violations against the company and its shareholders. These violations included self-dealing, pumping and dumping, engaging in an illegal and improper proxy fight, improper solicitation of shareholders, and other acts of corporate malfeasance.
  • Represented an international chemical manufacturer/distributor and a former chemical distributor in defense of a lawsuit alleging environmental contamination dating back to the 1970s Obtained dismissal of the CERCLA claim on a motion to dismiss. Successfully defeated two summary judgment motions, which sought judgment against the clients as to the strict liability state statutory claims brought against them under Florida’s environmental contamination statute (Chapter 376). Successfully obtained Daubert rulings, which limited the plaintiff’s environmental contamination expert’s testimony, while at the same time defeating a Daubert challenge of the clients’ environmental contamination expert.
  • Represented an international media company in a lawsuit where the former employee alleged race discrimination and retaliation, and obtained summary judgment against the former employee, which was affirmed on appeal.
  • Represented a major educational institution in a highly publicized case brought by two plaintiffs alleging that their employment was terminated for exercising their freedom of speech and obtained dismissal with prejudice of the claims.
  • Represented a seller defending against allegations that sixty-nine of the seller’s restaurants were not in compliance with the Americans with Disabilities Act (ADA) by being accessible to persons with disabilities.
  • Represented a major manufacturer in obtaining a non-competition and a non-solicitation injunction shortly after a former manager resigned and began employment with the manufacturer’s competitor.
  • Represented an international distributor in obtaining a non-solicitation injunction after a former manager began recruiting employees to work for a competitor.
  • Represented an international travel industry company in bringing claims against thirteen former employees who resigned en masse to start-up a new division for a competitor company.
  • Represented a company in defense of a multi-million-dollar “ponzi” case.
  • Represented a shareholder in a dispute seeking recovery of the minority shareholder’s interest.
  • Represented a foreign government owned entity in enforcement and recognition of a foreign judgment in Florida court.
  • Represented a real estate developer in failed community development project.
  • Represented a hospitality industry client in theft of trade secret and non-compete litigation. Successfully secured temporary and preliminary injunctive relief for client and enforcing terms of non-compete agreement.
  • Represented an IT consulting firm and its principals in defense of multi-million dollar claims for professional negligence by a former client arising out of a failed accounting system implementation.
  • Represented a recruiting firm in its claims against a former employee who diverted corporate opportunities and breached a non-competition agreement.
  • Represented an investor relations firm in an investigation by the U.S. Securities & Exchange Commission.
  • Represented a client in obtaining the identity of individuals who sent anonymous and defamatory e-mails from Hotmail accounts.
  • Represented a company in regard to a contractor’s faulty underground installation of hundreds of miles of fiber optic cable.
  • Represented numerous clients with litigation and transactional matters pending in the Caribbean.
  • Represented accountants in multi-million-dollar insurance coverage claim for alleged fraud and professional negligence.
  • Represented manufacturer in multi-million-dollar insurance coverage claim arising from insurance company’s wrongful denial of coverage for underlying Lanham Act claims.
  • Represented software company in insurance coverage claim based on insurance company’s illegal non-renewal of an Employment Practices Liability Policy.
  • Represented homeowner in insurance claims against numerous insurers for construction defects related to construction of multi-million-dollar residence.
  • Represented manufacturer in coverage dispute related to a product recall.

Trials

  • Represented an international chemical manufacturer/distributor and a former chemical distributor in a jury trial in defense of a lawsuit alleging environmental contamination dating back to the 1970s.
  • Represented an international engineering and construction company in a one-month bench trial held in Florida. The plaintiff, a Fortune 500 energy company, sought damages based on claims of breach of contract for the design and construction of a power plant.
  • Represented an international financial institution in a fourteen-day bench trial in Florida. The plaintiff, a former officer with the financial institution, sought damages based on claims of statutory indemnification and breach of contract.
  • Represented a property management company in a two-week jury trial in matter alleging that the insurance company failed to pay for Hurricane Wilma damage sustained by thirteen apartment buildings.
  • Represented a major financial institution in a federal jury trial where the plaintiff claimed she was terminated after twenty years because of her age, race, and national origin.
  • Represented a client in an eight-day jury trial alleging sexual harassment, constructive discharge, and retaliation.
  • Represented a pro bono client in a federal jury trial involving claims of disability discrimination and retaliation against the U.S. Department of Homeland Security, with the case taken on the eve of trial and proceeding to obtain a $2.5 million jury verdict on behalf of the client.
  • Represented a major agricultural client in two four-week class action trials where the plaintiffs claimed breach of an employment contract seeking millions of dollars in back wages.
  • Represented an employer in a two-week bench trial where a class of plaintiffs alleged breach of contract.
  • Represented a major insurance company in a four-day bench trial in Florida. The plaintiff, a medical practice, sought damages based on claims of environmental contamination of office building owned by insurance company.
  • Represented a local bank in claims brought by foreign affiliate bank.
  • Represented an individual in a federal criminal trial where the client was indicted on criminal conspiracy and drug smuggling charges.
  • Represented an individual in a federal criminal trial where the client was indicted on armed robbery charges.
  • Represented individual in a jury trial in a breach of contract case regarding the purchase and sale of equipment.
  • Represented two plaintiffs in a five-day bench trial involving a challenge to the validity of a foreign judgment.
  • Represented client in a seven-day federal jury trial involving allegations of independent contractor misclassification in violation of the Fair Labor Standards Act.