Commercial and Complex Litigation

The firm has a long history and high level of experience in all types of commercial litigation. Such matters involve contract disputes, commercial transactions, claims of fraud and corporate malfeasance. Complex litigation involving multiple parties and claims, sometimes resulting in multi-district litigation has been a firm forte for many years. Members of the firm have served as counsel to national and international organizations and companies facing litigation in Florida and as members of steering committees in complex litigation issues. These multi-jurisdictional cases allow the firm to exercise its litigation management skills for the client’s benefit.

Featured Experience

1Defended public figure and company in breach of contract action by trainer for unpaid personal services. Court dismissed action.
2Represented restaurant lessee in seeking injunction against landlord lessor for breach of exclusivity provision of commercial lease. Settlement after lawsuit filed.
3Successfully represented investors Blue Mountain Florida, LLC and two individuals, against two land development entities, CAT 5 Investments, LLC and JH & KH, LLC, as well as against James Helm, individually, a member of JH & KH, LLC, following their loss of a $1,250,000 investment to develop property in St. Lucie County, Florida. The investors alleged that after Defendants’ agents solicited them, Defendants failed to repay the investment plus a contractually promised preferred return. Defendants asserted every defense in the book, including an allegation that the two individual investors had not signed the final version of the investment agreement, so that firm was forced to bring a reformation action in addition to the breach of contract causes of action. Following extensive investigation and discovery, in November, 2010, the trial court entered a final summary judgment in favor of the investors on all claims for the full sum sought - $3.27 million against the corporate defendants and $2.26 million against Helm individually.
4Two brothers were sued in state and federal court in Florida and California by the Receiver in this widely-publicized Ponzi scheme case originally initiated by the Securities and Exchange Commission against Worldwide Entertainment and its principals. Following an in depth forensic investigation, it became apparent that while the DiSalvo brothers were in no way involved in the Ponzi scheme, their deceased mother may have been, and certain significant assets in the approximate amount of $6-7 million had been transferred to the brothers. Counsel then entered into settlement negotiations with the Receiver and his counsel that spanned over four months culminating in an extensive settlement agreement ultimately approved by the federal court judge overseeing the receivership.
5Successfully represented a prominent Haitian businessman in a defamation lawsuit in federal court against a self-proclaimed international security and government relations expert. The defendant made highly defamatory and false statements about the client on a popular Florida-based Haitian news website controlled by the defendant. The defendant attempted on multiple occasions to avoid appearing at deposition, but was sanctioned by the Court and forced to ultimately appear. During that video-deposition, the documents conclusively proved that statements the defendant had published on his website for several years were in fact false, and thus damaging to the reputation of the plaintiff, at which point the defendant admitted under oath that had he known of such documents and information, he would not have published such statements. During the course of further proceedings the presiding federal judge issued an arrest warrant for the Defendant for his incessant recalcitrant and non-cooperative behavior. The firm then secured a $1 million dollar judgment against the defendant and his company, which included an order from the Court to relinquish all right, title, ownership, control and interest in the Defendant's website to the client, which was successfully accomplished. Of most importance to the client, and as part of the final judgment process, the defendant executed an apology letter to the client under oath. The letter was recently published on multiple occasions in Haiti's most widely circulated newspaper, and now permanently graces the defendant's former website's home page.
6Successfully defended client against claims of misappropriation of trade secrets and unfair and deceptive trade practices. Plaintiff sought millions of dollars in damages. Summary Judgment granted in client's favor.
7Successfully represented investors Blue Mountain Florida, LLC and two individuals, against two land development entities, CAT 5 Investments, LLC and JH & KH, LLC, as well as against James Helm, individually, a member of JH & KH, LLC, following their loss of a $1,250,000 investment to develop property in St. Lucie County, Florida. The investors alleged that after Defendants’ agents solicited them, Defendants failed to repay the investment plus a contractually promised preferred return. Defendants asserted multiple defenses, including an allegation that the two individual investors had not signed the final version of the investment agreement, so that client was forced to bring a reformation action in addition to the breach of contract causes of action. Following extensive investigation and discovery, the trial court entered a final summary judgment in favor of the investors on all claims for the full sum sought - $3.27 million against the corporate defendants and $2.26 million against Helm individually.
8Firm represented two orthopedic implant sales representatives who left the employ of one local distributor for an opportunity at a competitor. The former distributor sued the clients seeking to enjoin them from working for the new distributor based on claims that they violated the terms of certain non-compete agreements. The clients denied all allegations of wrongdoing and asserted counterclaims. While the president of the former distributor was under oath at deposition, Richman Greer was able to obtain key admissions and identified evidence which resulted in the dismissal of all claims with prejudice and a release of the clients from the obligations of their non-compete agreements six months prior to the expiration of the term.
9Defended a group of doctors and their medical practices against RICO, fraud, and deceptive trade practice claims, asserted by insurance carriers seeking million in damages related to their performance of certain surgical spinal procedures. Settlement.
10Defended businesses and individual family members in multi-jurisdiction litigation involving claims of alleged fraudulent transfers where plaintiffs claimed that clients transferred of millions of dollars in assets to avoid the reach of judgment creditors.
11Defended internet advertising company client against claims alleging breach of a contract related to advertising agreement. Prosecuted counterclaims by client arising from same agreement. Settlement.
12Defended developer client against claims brought by company with a contract that permitted it to operate a watersports concession on our client's property. Trial court entered final summary judgment in favor of client.
13Represented condominium association in multi-year litigation against former country club owner arising from club operator’s breaches of covenants contained in the Declaration of Condominium. Obtained summary judgment in favor of client. Later pursued post-judgment proceedings against successor club owner and obtained final judgment in favor of condominium association resulting in successor club owner conveying millions of dollars in waterfront property to association client.
14Represented members of closely-held, family-owed businesses in shareholder derivative litigation involving allegations of breach of fiduciary duty, usurpation of corporate opportunity, conversion and civil conspiracy. Settlement.
15Represented hotel management company in multiple disputes in Florida state courts against hotel owners over alleged breaches of agreements. Settlements.
16Prosecuted claims in arbitration on behalf of subsidiary rights holder against author and producer of national production of off-Broadway musical. Settlement following multi-million dollar arbitration award in favor of client.
17Represented national fast-food franchisor in federal court litigation with franchisee over claims of fraud, misrepresentation and tortious interference with business relationships. Settlement.
18Represented franchisee in dispute with national franchisor in disputes over terms of franchise agreements, as well as representations made by franchisor to induce franchisee. Settlement.
19Successfully obtained judgment for eviction for client/landlord, after a contested hearing, against a tenant in a Class A office building in Miami Beach, Florida.
20Successfully and cost-effectively aided in amicably resolving claims against an individual defendant who had been sued simply for receiving Christmas and other gifts. Unbeknownst to the defendant, the gifts were allegedly purchased by a third-party with funds the third-party had derived from a multi-million dollar Ponzi scheme perpetrated against the plaintiff and other victims. After concentrated efforts, Myron and Goldblatt, representing the defendant, successfully negotiated a settlement that not only resolved the matter without the need for protracted litigation, but which also required the plaintiff to pay a portion of the defendant’s attorney’s fees.
21Successfully defended an attorney against a bar complaint filed on the heels of a mortgage foreclosure action. The bar complainant, who was the homeowner in the underlying foreclosure action, alleged that the attorney, who represented the bank in the underlying action, committed a litany of ethical violations and wrongdoings both leading up to and during the foreclosure trial. Upon the filing of a comprehensive response to the bar complaint, which justified in specific and explicit detail every action taken by the attorney and which was supported by substantial documentary evidence, the bar dismissed the complaint entirely and found that the complainant failed to prove the existence of any ethical violations or misconduct by the attorney.
22Plaintiff Sunshine was formed along with its subsidiaries, Sunbelt Airlines, Inc. and Sunbelt Rent-A-Car, Inc., to engage in the passenger airline and automobile rental business (“business”). In order to obtain funds for the business, Plaintiff entered into a Subscription Agreement with Defendant LTS Business Trust (“LTS”) which provided that LTS would purchase 60,000 shares of Series A Preferred Stock at a price of $100 per share, for a total purchase price of $6,000,000, payable in the following manner: $60,000 at closing (July 29, 1993), $1,940,000 on August 6, 1993 and $4,000,000 on September 15, 1993. The last two payments were evidenced by two promissory notes executed on July 29, 1993. On June 26, 1993, Defendant Simpson, on behalf of LTS, signed a letter confirming the terms of the Subscription Agreement. On July 29, 1993, Defendant Jolly, as authorized trustee, signed the Subscription Agreement and two promissory notes on behalf of Defendants Simpson and LTS. In addition, Defendants Simpson, LTS and Jolly presented a “Trust Receipt” from First National Bank Ltd. to Plaintiff which stated that LTS had deposited in said bank, $25,000,000 in government securities. The “Trust Receipt” was false, as it was never actually funded and was presented allegedly to deceive Plaintiff.
23Currently defending AT&T Mobility Services LLC in the United States District Court for the Northern District of Florida against multiple state and federal claims. A motion to dismiss resulted in the magistrate judge recommending dismissal of all of the plaintiff’s claims asserted against AT&T Mobility Services LLC with prejudice. Final dismissal with prejudice in favor of AT&T Mobility Services LLC is expected once the district court rules on the magistrate judge’s report and recommendation.
24Representing Aroldis Chapman, a pitcher with the New York Yankees, together with Prince Lobel Tye LLP, in an action pending before the Trial Court of the Massachusetts Superior Court for breach of contract. The action is scheduled to go to trial on June 16, 2016.
25Successfully represented DIRECTV in actions against various US and Bahamian Companies for injunctive relief, civil conspiracy, conversion and violations of federal law for receiving and assisting others in receiving satellite signals in violation of 47 USC section 605(a) and unauthorized reception of communication services in violation of Florida Statute section 812.15.
26Currently defending International Meal Company Alimentacao, S.A., a Brazilian Publicly Traded Company, in an action currently pending in the 11th Judicial Circuit – Miami Dade County, brought by Mera Corporation, a Mexican Corporation. Mera alleges that IMC breached a contractual agreement with Mera and misappropriated Mera’s trade secrets relating to concession stands at various airports in Mexico. The action also seeks injunctive relief.
27Represented the Plaintiffs in an action for defamation against owner of a website. Defendants published a sensational and fabricated article about Plaintiffs on their website. The article falsely and maliciously claimed that firm client and his company, had engaged in bribery and corruption to obtain road construction contracts. The Article’s author is a convicted felon and disbarred lawyer in both New York and Florida. Despite the fact that the author is a source whom the Defendants had obvious reasons to doubt, they published the fabricated Article anyway, without fact-checking and with knowledge of its falsity or with complete disregard for its truth or falsity. Plaintiffs initially filed this lawsuit in the Southern District of Florida. The Court awarded the firm client $1 million in compensatory damages and $2.5 million in punitive damages. The compensatory awards were for damage to reputation, humiliation, shame and mental anguish, as well as actual damages sustained. The punitive damages, of course, were to punish Defendants and deter similar future conduct. Before the award could be reduced to a final judgment, Defendants retained new counsel who moved to dismiss for lack of personal jurisdiction. After much legal wrangling and jurisdictional discovery, the parties stipulated to have this action heard in the Eastern District of New York. Following extensive discovery, the Court ordered the parties to mediation where the case settled. The terms of the settlement are subject to confidentiality.
28Represented the Plaintiff in successfully settling protracted litigation pending in Miami state court for 3 years. Firm client Aquire USA, Inc., a Florida corporation with corporate ownership out of Milan, Italy, sued a personal guarantor to recover amounts due on a loan made to guarantor's closely-held entities. The need for the loan arose out of a failed real estate development in which the guarantor was heavily invested through his closely-held entities, and for which guarantor required a cash infusion to bail out the development project to protect his multi-million dollar investment. The development/investment project involved several layers of business entities, including partnerships, limited partnerships, corporations, and limited liability companies. The loan repayment obligations were secured by several layers of collateral, securities and guarantees. The loan structure was designed by the guarantor, who is a licensed Florida attorney practicing corporate law, to insulate himself from personal liability. Following default on the repayment of the loan, Plaintiff filed suit against the guarantor. Guarantor defended against the suit by contending that his signature was forged on the loan documents and that he never consented to the terms thereof. Plaintiff's counsel responded to the guarantor's defenses and recantment of the loan documents by pleading counts for reformation of instrument, fraud and other equitable causes of action. Plaintiff's counsel successfully responded to legal defenses raised by the guarantor that there was no fiduciary relationship, direct benefit, or piercing of the corporate veil that would allow Plaintiff to recover directly against guarantor for debts owed by guarantor's corporate entities, and ultimately compelled guarantor to pay a settlement to Plaintiff along with the assignment of all of his entities' interests in the real estate development project.
29Represented Aroldis Chapman, a pitcher with the New York Yankees who was sued in Federal court under the Torture Victims Protection Act. Plaintiffs alleged that Chapman falsely accused them of attempting to assist him in leaving Cuba and because of his testifying against them, they were tortured in Cuban prison. Chapman denied falsely accusing them and vigorously defended the matter. The action was dismissed on December 2, 2014 after a confidential settlement.
30Represented Banco Popular North America in a highly contested action and were able to obtain a confidential Settlement after many years of litigation to resolve a multi-million dollar claim brought against a developer and several individuals for breach of promissory notes and guarantees that secured financing for a development project known as Portofino Cove. The defendants raised defenses assenting that the guarantees were signed on behalf of a corporate entity rather than individually and asserted counterclaims related to an alleged breach of a loan- workout agreement. The case, which was filed by a different law firm in 2010, was transferred to the attorneys at Richman Greer in 2013 who were able to conclude the matter less than a year later.
31Successfully defended DIRECTV against claims of fraud, breach of contract, and violation of the Fair Debt Collection Practices Act in the United States District Court for the Southern District of Florida and the United States Bankruptcy Court. Federal Court dismissed the plaintiffs various complaints resulting in a complete and final victory for DIRECTV.
32Obtained substantial awards in two separate defamation cases in Miami federal court in the total amount of $6,000,000. Firm clients were both prominent and successful businessmen in Haiti who sued a widely distributed Haitian newspaper and others for publishing false and defamatory statements about them, accusing them, without any basis in fact or truth, of involvement in kidnapping, murder, and arms and drug trafficking. Following separate evidentiary hearings, both federal judges found the publications were made with actual malice and with reckless disregard for the truth, and were reprehensible and outrageous. Based on the evidence, both judges concluded that the firm clients sustained public disgrace, mental anguish, humiliation and damage to reputation and, as a result/awarded over $525,000 in actual compensatory damages. Most importantly, to vindicate the firm's clients and to punish and deter this behavior in the future, the Courts awarded punitive damages in the combined amount of $3 million.
33Obtained a dismissal of a federal court lawsuit filed against an international insurance broker client. The plaintiff sought in excess of $4.5 million in damages. The federal District Court ruled that the plaintiff failed to state a claim for relief. The District Court’s ruling was affirmed by the U.S. 11th Circuit Court of Appeals.
34Represented a large dairy processing company in a jury trial involving claims for breach of contract and breach of fiduciary duty.