The following is a sampling of our cases and transactions

Click the “+” sign to expand and view our representative matters:

ADR/Mediation/Arbitration

1Defended client, Snorkel Productions, Inc., in an arbitration proceeding to determine whether client maintained continuing rights to exploit an original musical play.
2Prosecuted claims in arbitration against home builder on behalf of home buyer for breaches of the construction and purchase agreement. Arbitration award in favor of client.
3Prosecuted 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.
4Represented respondent in arbitration action in damages phase in claim for breach of distribution agreement involving Russian language television programming. Claimant sought over $5 million in damages. The arbitration awarded damages to the claimant in an amount less than ten percent of it's claim.
5Defended seven former employees of international investment firm against claims of misappropriation of trade secret, breach of non-solicitation agreements and breach of fiduciary duty. Served as co-counsel in temporary injunction hearing held in local court in San Juan, Puerto Rico (where court denied firm’s request for a temporary injunction) and ultimately settled similar claims in FINRA arbitration proceeding for nuisance value.
6Manuel A. Garcia-Linares acted as arbitrator, in Contel Global Marketing, Inc, vs. Aldo Pesce Cotera, et al. Following Mr. Garcia-Linares' decision as the arbitrator, Judge Stanley R. Chesler, U.S. District Court, District of New Jersey, upheld, in their entirety, all rulings and awards issued by arbitrator Manuel A. Garcia-Linares. This was an action involving claims for breach of contract, fraud and Federal Civil RICO. The causes of action arose from a dispute between foreign and domestic entities engaged in the joint venture of exporting fruit and vegetables from Chile to the United States to sell in American supermarkets. The court also affirmed the arbitrator's rulings with respect to the award of attorneys' fees and costs. The total award was approximately $8.6M, including: Damages awarded to Plaintiff: $4,849,752.19; Fees & Costs awarded to Plaintiff: $3,753,556.77

Antitrust Litigation

1Plaintiff 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.
2Defended client in federal class action that was predicated on alleged violations of the Sherman Act. Settlement.

Banking

1We successfully obtained discovery in aid of execution of a multimillion dollar judgment held by a bank. Upon learning of the existence of a trust that was not previously disclosed in written discovery, and being met by objections that the trust was not relevant, we successfully obtained a court order allowing extensive discovery of the trust assets and funding. This resulted in a successful resolution of the matter.
2We represent a private lender defending and prosecuting several cases arising out of a commercial real estate transaction in the Florida Keys, including defending against a rescission of note and mortgage claim brought by the prior owner of the subject property, prosecuting a foreclosure action against the current owner of the subject property, and prosecuting a declaratory judgment action against the title insurer.
3We have represented several mortgage servicers against class action claims alleging improper placement of lender placed insurance and improper fees being added to borrowers’ accounts. Five of these cases have resulted in settlement agreements on favorable terms for the servicers. In another case, we obtained final summary judgment in favor of the servicer on all claims.
4We represented a private lender in four appeals of mortgage foreclosure judgments to the Third and Fourth District Courts of Appeals. The appeals were based on claims of error related to, among other things, standing, evidentiary errors, and failure to satisfy conditions precedent. We obtained affirmances of the judgments of foreclosure in all four cases.
5The law firm represented a national bank in 65 complicated residential mortgage foreclosure cases filed by prior law firms. The firm took over for prior counsel in the cases and settled or obtained final judgment of foreclosure through summary judgment or trial in every case.
6The firm represented a prominent banking attorney in defense of claims by the US comptroller of the currency arising out of an audit of a failed national bank. After three years of litigation, a three week trial and a 56 page opinion , the court entered judgment in favor of the firm’s client. The firm then represented the client on appeal and recovered a judgment of attorney’s fees.
7Successfully defended a hotel sued in a foreclosure action from the lender’s motion to appoint a receiver. The court denied the lender’s motion in large part because the lender could not prove the hotel was wasting the assets securing the loans.
8Successfully defended a flooring company in a foreclosure action where the bank sought to appoint a receiver to take control of the security under several asset based lending agreements. The court denied the bank’s emergency motion to appoint a receiver, and upon a full evidentiary hearing, the court again denied the bank’s motion for appointment of a receiver.

Business Transactions

1Representation of corporations and individuals in the negotiation and drafting of operating agreements, confidentiality and non-compete agreements, employment agreements, severance agreements, and purchase and sale agreements. Representative cases include: Negotiated and drafted terms of purchase and sale, employment and operating agreements in connection with sale of minority interest in closely held limited liability company. Represented attorney clients in negotiating terms of voluntary withdrawal from law firm, including division of client files and providing for fulfillment of ongoing financial obligations. Preparation of non-competition and confidentiality agreements.

Civil Appeals

1Successfully defended commercial tenant as to landlord's claim for alleged unpaid common area expenses in excess of $8,000,000. Judgment entered in tenant's favor after trial on the merits. Judgment was affirmed on appeal. Miracle Center Assoc. v. Scandinavian Health Spa, Inc., 889 So.2d 877 (Fla. 3d DCA 2004).
2Defended lender in state court action involving civil conspiracy claims arising out of lender's termination of revolving line of credit. Trial court granted summary judgment for lender, which judgment was affirmed on appeal in per curium decision. UTC Industries, Inc. v. Presidential Financial Corp., 46 So.3d 1012 (Fla. 3d DCA 2010).
3Represented family owned company in defense of claims that it was responsible for the debts of an alleged predecessor company. Trial court held that creditor failed to establish that company was responsible as a successor corporation. The decision was upheld on appeal. H.J.J., Inc. v. Party Productions, II, Inc., 712 So.2d 441 (Fla. 3d DCA 1998).
4Defended the City of Belle Glade in response to claims filed by tenants of a predominantly black housing project located outside the City limits for alleged violation of civil rights and of the Voting Rights Act of 1965. Tenants claimed that City’s refusal to annex property deprived them of their right to vote in City elections. After summary judgment in favor of City, appellate court affirmed holding that tenants failed to present evidence that City’s decision not to annex was racially motivated and that tenants failed to establish claim of vote denial under Voting Rights Act. Burton v. City of Belle Glade, 178 F.3d 1175 (11th Cir. 1999).
5Defended trustee owner of property against claims arising out of an alleged promise to sell real estate. Claimant alleged that trustee promised to sell it a 120 acre tract of land, and tried to block trustee’s sale to another purchaser, alleging specific performance, breach of contract, fraud and civil RICO. The trial court granted summary judgment for trustee on all counts, which judgment was affirmed on appeal in India America Trading Co., Inc. v. White, 896 So.2d 859 (Fla. 3d DCA 2005). The trial court further determined that the lawsuit was filed in bad faith and awarded trustee his attorneys fees.
6Successfully defended Bermuda insurance company in federal court in response to claims for insurance coverage. Trial court dismissed case based on lack of personal jurisdiction over insurer and on the international abstention doctrine. Appellate court affirmed the dismissal of claims. Posner v. Essex Insurance Co., 178 F.3d 1209 (11th Cir. 1999).
7Successfully prosecuted appeal on behalf of dentist client in breach of lease case against landlord which required client to relocate dental practice at great expense. Appellate court affirmed judgment in favor of client in excess of $500,000, plus attorney’s fee and costs.
8Successfully defended a law firm client in an investigation by the attorney general in assessing whether fraudulent documentation had been created and filed by the firm in an effort speed up foreclosure processes. The law firm client denied all allegations and successfully quashed the subpoena, upheld on appeal, and creating new law in the State of Florida as to the power of the attorney general to investigate law firms.
9Retained post-judgment to prosecute appeal on behalf of corporate client seeking to overturn a judgment after jury trial that found client owed a former employee a severance payment of over $3 million. Obtained reversal of judgment.
10Retained following adverse ruling to prepare and prosecute appeal seeking to reverse summary judgment entered against client on multiple counts for breach of contract and unjust enrichment. Obtained reversal of summary judgment and reinstatement of all seven counts contained in complaint. Settlement following appeal.
11Represented religious organization in a landmark case that established the principle of law in Florida that Courts may not consider employment disputes between a religious organization and its clergy because such matters necessarily involve questions of internal church discipline, faith, and organization that are governed by ecclesiastical rule, custom, and law.

Class Actions

1Defended the City of Belle Glade in response to claims filed by tenants of a predominantly black housing project located outside the City limits for alleged violation of civil rights and of the Voting Rights Act of 1965. Tenants claimed that City’s refusal to annex property deprived them of their right to vote in City elections. After summary judgment in favor of City, appellate court affirmed holding that tenants failed to present evidence that City’s decision not to annex was racially motivated and that tenants failed to establish claim of vote denial under Voting Rights Act. Burton v. City of Belle Glade, 178 F.3d 1175 (11th Cir. 1999)
2Filed a lawsuit challenging the legality of the Broward Sheriff’s Office strip search policy under then Sheriff Kenneth C. Jenne. The case was certified as a class action. Jenne had instituted a written policy that mandated the strip search of all misdemeanor arrestees regardless of whether the arrests involved weapons, drugs or stolen property. The lawsuit alleged that there was no probable cause for such strip searches and such actions were therefore unconstitutional. Evidence adduced indicated that thousands of persons were illegally strip searched. The case was certified as a class action and upheld on appeal by Florida’s Fourth District Court of Appeal. Thereafter, the parties engaged in arduous and complicated settlement negotiations that spanned over a year and culminated in an $11.5 million settlement. Each class representative plaintiff received $50,000, and each class member who qualified received $1000.
3The firm served as lead Class Counsel in an action against Newbridge Securities Corporation (“NSC”), a broker -dealer, wherein the plaintiff alleged that NSC improperly charged its clients undisclosed commissions when effectuating trades on behalf of its clients. Plaintiff was among thousands of clients who were told that the “handling fee” that was being charged by NSC was a fee collected for purposes of reimbursing NSC for the actual cost of effectuating the trade. However, in fact, the “handling fee” was nothing more than an undisclosed commission being collected by NSC, which violated NSC’s contracts and its standard of care owed to its clients. The class action was defended aggressively at each stage by NSC. Plaintiff overcame a motion to dismiss, motion for summary judgment, and a Daubert Motion. The Court ultimately granted class certification over NSC’s objection, and the case thereafter settled on favorable terms.
4Firm defended Mitchell Morgan (“Morgan”) in a class action brought by the Receiver of large mortgage origination and servicing businesses with approximately $500 million in mortgages on behalf of approximately 800 lenders. The complaint alleged that Morgan and Dana Berman (“Berman”), who were the officers of the entities for which the Receiver was appointed, negligently performed their duties owed to lenders resulting in approximately $200,000,000 in losses. Morgan and Berman’s insurance carrier defended the case under a reservation of rights and prosecuted a declaratory judgment action against Morgan, Berman and the Receiver. The class action was settled pursuant to confidential settlement agreement with the Receiver and the lenders. Goldberg v. Berman, Case No. 09-41833 CA 23, Circuit Court for the 11th Judicial Circuit in and for Miami-Dade County, Florida.

Commercial and Complex Litigation

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.

Construction Litigation

1Defending a manufacturer of allegedly defective fire protection products used in connection with construction of high rise commercial and residential buildings in Florida.
2Defended a manufacturer of roofing materials in response to claims that the materials were defective and caused damage to roofs of condominium buildings.

Creditor’s Rights

Check back soon for updated representative matters.

Employment Law

1Counseled institutional employer on employment issues, including application of the Fair Labor Standards Act and the Family Medical Leave Act.
2Successfully defended a local food manufacturing company in defense of several employment claims, including alleged discrimination claims based on religion, race and disability, and alleged violations of wage and hour laws in federal court and in claims filed with the Equal Employment Opportunity Commission (“EEOC”). We successfully obtained dismissals and nuisance value settlements of the claims.
3Represented a manufacturing company in defense of claims of violation of federal wage and hour laws in federal court. Claims were settled for a nominal amount
4Represented a medical care provider in defense of an unemployment compensation claim where an independent agent claimed that termination of his services agreement constituted a termination of employment. The issue at trial was whether the individual’s relationship with the medical provider was that of an independent contractor or an employee. After a non-jury trial, the Florida Department of Economic Opportunity determined that the individual was an independent contractor, not an employee, and thus not entitled to unemployment compensation.
5Represented a manufacturing company in defense of an EEOC charge of discrimination alleging age discrimination. The case was settled for a nominal settlement amount after the client provided the EEOC with documentary proof of the facts.
6Represented a medical care provider in defense of claims of reverse discrimination of a male employee who claimed that he was terminated and replaced by a female employee. After investigation, the case was settled for a nominal amount.
7Represented a manufacturing company in defense of an EEOC charge of discrimination alleging religious discrimination. After filing the employer’s response, the EEOC closed its file stating that it was unable to conclude that a violation occurred.
8Successfully defended two former employees against claims by Neuberger Berman for misappropriation of trade secrets and breach of non-solicitation agreements. Neuberger Berman sought temporary injunctive relief in federal court. Neuberger Berman’s request for injunctive relief was denied after hearing.
9Represented plaintiff in a claim for breach of an employment contract. The client entered into an agreement with her employer, who owned a 19 acre multi-tract parcel of land in Miami, where a portion of her compensation was based on the net profits on the sale of the property or any part of it. After employer transferred title to 11 of the 19 acres to a developer in a joint venture, he claimed that no sale occurred and that in any event, there were no net profits. After a non-jury trial, the court entered judgment in favor of employee finding that the transaction was a sale and that the sale resulted in $1.6 million in profits. The court also awarded employee her attorneys fees and costs.
10Obtained seven-figure award following bench trial on former employees’ claims against former employer for breach of employment agreements for failure to pay hundreds of thousands of dollars in earned commissions. Representation also included successful defense of counterclaims by former employer for alleged violations of non-compete agreements and theft of trade secrets. Additional damages included over $1 million in attorney’s fees and costs to client.
11Negotiated and drafted severance agreement for executive who voluntarily left her position as editor-in-chief of national publication.
12Successfully protected a technology company against the president of its Florida subsidiary, who had created a competing business while still employed as company president. We coordinated a forensic investigation to confirm the improper activities, and then took steps to force the separation of the president by agreement, which required the transfer of assets of the competing business to the company, relinquishment of the president’s stock in affiliated companies and execution of a lengthy non-compete agreement.
13Firm represented a high end local restaurant in defense of two separate claims for violation of the Fair Labor Standars Act, seeking compensation for alleged overtime wages due. Both cases settled favorably after initial discovery was completed.

Estate Planning, Probate, and Trust Law

1Counseled institutional employer on employment issues, including application of the Fair Labor Standards Act and the Family Medical Leave Act.
2Successfully defended a local food manufacturing company in defense of several employment claims, including alleged discrimination claims based on religion, race and disability, and alleged violations of wage and hour laws in federal court and in claims filed with the Equal Employment Opportunity Commission (“EEOC”). We successfully obtained dismissals and nuisance value settlements of the claims.
3Represented a manufacturing company in defense of claims of violation of federal wage and hour laws in federal court. Claims were settled for a nominal amount
4Represented a medical care provider in defense of an unemployment compensation claim where an independent agent claimed that termination of his services agreement constituted a termination of employment. The issue at trial was whether the individual’s relationship with the medical provider was that of an independent contractor or an employee. After a non-jury trial, the Florida Department of Economic Opportunity determined that the individual was an independent contractor, not an employee, and thus not entitled to unemployment compensation.
5Represented a manufacturing company in defense of an EEOC charge of discrimination alleging age discrimination. The case was settled for a nominal settlement amount after the client provided the EEOC with documentary proof of the facts.
6Represented a medical care provider in defense of claims of reverse discrimination of a male employee who claimed that he was terminated and replaced by a female employee. After investigation, the case was settled for a nominal amount.
7Represented a manufacturing company in defense of an EEOC charge of discrimination alleging religious discrimination. After filing the employer’s response, the EEOC closed its file stating that it was unable to conclude that a violation occurred.
8Successfully defended two former employees against claims by Neuberger Berman for misappropriation of trade secrets and breach of non-solicitation agreements. Neuberger Berman sought temporary injunctive relief in federal court. Neuberger Berman’s request for injunctive relief was denied after hearing.
9Represented plaintiff in a claim for breach of an employment contract. The client entered into an agreement with her employer, who owned a 19 acre multi-tract parcel of land in Miami, where a portion of her compensation was based on the net profits on the sale of the property or any part of it. After employer transferred title to 11 of the 19 acres to a developer in a joint venture, he claimed that no sale occurred and that in any event, there were no net profits. After a non-jury trial, the court entered judgment in favor of employee finding that the transaction was a sale and that the sale resulted in $1.6 million in profits. The court also awarded employee her attorneys fees and costs.
10Obtained seven-figure award following bench trial on former employees’ claims against former employer for breach of employment agreements for failure to pay hundreds of thousands of dollars in earned commissions. Representation also included successful defense of counterclaims by former employer for alleged violations of non-compete agreements and theft of trade secrets. Additional damages included over $1 million in attorney’s fees and costs to client.
11Negotiated and drafted severance agreement for executive who voluntarily left her position as editor-in-chief of national publication.
12Successfully protected a technology company against the president of its Florida subsidiary, who had created a competing business while still employed as company president. We coordinated a forensic investigation to confirm the improper activities, and then took steps to force the separation of the president by agreement, which required the transfer of assets of the competing business to the company, relinquishment of the president’s stock in affiliated companies and execution of a lengthy non-compete agreement.
13Firm represented a high end local restaurant in defense of two separate claims for violation of the Fair Labor Standars Act, seeking compensation for alleged overtime wages due. Both cases settled favorably after initial discovery was completed.

Family Law & Divorce

1Represented husbands and wives in divorce proceedings involving children’s issues, support awards and property and debt distribution. Recently represented husband business owner in dissolution of long-term marriage involving equitable distribution of business formed during marriage, alimony and division of marital homestead. The firm successfully resolved these issues and others for husband through the negotiation of a pre-suit settlement agreement.
2Represented professional athlete with respect to petition by mother to establish paternity, child support, time sharing and parenting plan. Representation resulted in client being assessed an amount less than the statutory percentage of income under the child support guidelines where the statutory amount of child support far exceeded child’s actual needs and created windfall to custodial mother. The firm successfully negotiated a child support settlement with structure for contingent future child support modifications based on renewal/non-renewal of professional sports contracts, endorsements, and bonuses, and time-sharing agreement with plan for out-of-state visitation during professional sports season.
3Represented medical professional in negotiation and preparation of prenuptial agreement with particular emphasis on protection of medical practice, business assets, and appreciation value in event of dissolution of marriage.
4Successfully obtained court order after evidentiary hearing allowing mother to relocate out of state with couple’s two minor children in relocation action also involving issues of supervised visitation and domestic violence injunction.
5Represented former wife in post-dissolution proceeding for modification and enforcement of alimony. The firm successfully obtained court order for contempt, incarceration and bodily attachment for former husband’s failure to make court-ordered alimony payments. Upon evidentiary hearing, the court denied former husband’s motion to decrease alimony obligation by successfully arguing imputation of income to correct unemployment or underemployment of former husband.
6Represented mother and daughter in action by estranged biological father to establish paternity, parenting plan and time sharing. The firm successfully argued temporary suspension of visitation, appointment of Guardian Ad Litem, psychological evaluation of child, and therapeutic supervised visitation to facilitate gradual introduction of biological father into child’s life in consideration of the best interests of the child. In addition to working with therapists and mental health professionals to advocate for the child’s best interests and to establish appropriately-tailored time-sharing and parenting plans, the firm also established entitlement to retroactive and ongoing child support award.
7Represented interests of 17 business entities owned 50-50 by husband and wife in divorce proceedings involving distribution of corporate ownership and assets.

Insurance Litigation

1The firm represents a Florida technology company in state court in defense of a declaratory judgment action involving insurance coverage for a claim filed against the company by a major retailer. The retailer claims that the technology company sold and installed point of sale software to allow the retailer to track sales and inventory in its 25 stores located in the United States. The software did not work properly, causing the retailer to allegedly suffer damages. The technology company’s insurer filed a declaratory judgment action seeking a determination that the insurance policy does not provide coverage for the claims at issue in the underlying lawsuit. Case pending.
2Defended a religious organization in a premise liability, trip and fall, case. Plaintiff alleged being injured by falling on church property.
3Defended a homeowners association in a defamation action. Plaintiff alleged association publications defamed the property owner.
4Defended a religious organization in an alleged wrongful employment dispute. Pastor claimed wrongful employment practices by the church.

Intellectual Property Litigation

1Prosecuted claim on behalf of client where competitor inserted client's registered service mark into the hidden keyword "metatags" on its website in an effort to divert web traffic from client to competitor. Settlement.
2Defended claims for trademark and patent infringement brought by one of the leading manufacturers and marketers of golf balls and golf products on behalf of company that was retrieving, cleaning and repainting manufacturing company’s golf balls for resale as used balls. Settlement.
3Represented Fortune 100 company in federal court in claim for permanent injunction to require former employee to execute assignment of patents to permit company to file patent applications in foreign nation. Court granted request for injunction and ordered employee to execute assignment documents.
4Represented entertainment company in state court trademark infringement and false advertising claim relating to use of name of local musical groups and prosecuted counterclaim for trademark infringement. Case settled at mediation on eve of trial.
5Represented an Italian product manufacturer and its Florida employee in defense of claims of theft of trade secrets and patent infringement filed in federal court. The case settled after motions for summary judgment filed.
6Represented an audio speaker manufacturer in federal court in defense of patent infringement and trade dress claims. The case settled after dispositive motions filed.
7Represented technology company in state court to prosecute claims for specific performance of an internet marketing agreement, breach of contract and declaratory judgment arising out of a marketing services contract concerning website traffic. After non-jury trial, the trial court granted the technology company’s request for specific performance and ordered defendant to deliver electronic information located on its computer servers. The court also determined that defendant had breached the contract and entered judgment in favor of the technology company for $271,000.

Non-Compete/Trade Secret Litigation

1The firm has successfully represented more than one hundred financial advisors with respect to alleged violations of non-compete, non-solicitation and trade secret violations when they are hired by financial institutions from competing firms. Some cases have resolved before lawsuits were filed, while others involved defending claims seeking injunctions and monetary damages in court and arbitration proceedings. Claims typically alleged that a former employee has solicited customers in violation of contractual restrictive covenants and improper retention and use of confidential or trade secret information, and alleged damages in the multi-million dollar range.
2Successfully prosecuted clients' claims against former employer for non-payment of earned commissions. Also successfully defended clients against former employer's claims that clients violated non-competition agreements and misappropriated trade secrets. Obtained ruling from court that bifurcated the case to proceed to trial on clients' claims of non-payment of contractual commissions before continued litigation of former employer's claims. Prevailed at trial on clients' contractual claims, nullifying the claims of the former employer. Clients were awarded damages of $454,000 in unpaid compensation, with interest, in addition to attorney's fees and costs of $1,181,000.
3Prominent marketing firm initiated suit in state court against two former employees, both officers, for injunctive relief for breach of a non-compete agreement and for misappropriation and theft of trade secrets, and against the successor employer, for conspiracy to misappropriate confidential information. Simultaneously, both former employees commenced an arbitration proceeding against the company claiming close to $5M in damages for an alleged unpaid equity position in the company. An investigation of one of the officers uncovered a suspicious transaction whereby the officer apparently realized personal profit while employed by a public company. That finding caused the former officer to immediately settle with the company in both state court proceeding and arbitration. Thereafter, the arbitration was resolved at mediation with the other former officer.
4Firm achieved a significant victory for two orthopedic implant sales representatives who left the employ of one local distributor for an opportunity at a competitor. The former distributor sued the firm’s 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 firm denied all allegations of wrongdoing on the part of the clients 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.
5Prosecuted claims of theft of trade secrets and tortious interference against former independent contractor. Settlement after entry of injunction.
6Represented large call-center client in prosecuting claims for theft of trade secrets, violation of non-compete and non-solicitation agreements against former executive. Settled on eve of injunction hearing.
7Obtained seven-figure award following bench trial on former employees’ claims against former employer for breach of employment agreements for failure to pay hundreds of thousands of dollars in earned commissions. Representation also included successful defense of counterclaims by former employer for alleged violations of non-compete agreements and theft of trade secrets. Additional damages included over $1 million in attorney’s fees and costs to client.
8Represented national employer in claim for breach of confidentiality provisions of employment and severance agreements. Settlement after entry of injunction.
9Represented former employees of a national dental supply company who were hired by another national dental supply company to assist them in avoiding breaches of their non-compete agreements.
10Defended two former employees of Charles Schwab against claims of misappropriation of trade secrets and breach of non-solicitation agreements. Served as counsel in temporary injunction hearing held in federal court in Fort Myers, Florida where the court denied Charles Schwab’s request for a temporary injunction. Defended similar claims in FINRA arbitration proceeding, which settled just prior to final hearing.
11Successfully defended two former employees against claims by Neuberger Berman for misappropriation of trade secrets and breach of non-solicitation agreements. Neuberger Berman sought temporary injunctive relief in federal court. Neuberger Berman’s request for injunctive relief was denied after hearing.
12Successfully defended three former employees against claims by Northern Trust, NA and Northern Trust Securities, Inc. (“Northern Trust”) for misappropriation of trade secrets, breach of non-solicitation agreements, tortious interference, and related claims. Northern Trust sought temporary injunctive relief in court. Northern Trust’s request for injunctive relief was denied after hearing.
13Successfully defended former employees of a technology company in a temporary injunction proceeding wherein the former employer alleged theft of trade secrets and violations of restrictive covenants.
14Represented Coverage One Insurance Group, LLC (“Coverage One”) in an action for temporary and permanent injunctive relief, and damages, against 4 former employees who Coverage One contended violated their post-employment restrictions by, among other things, working for a competing business and raiding Coverage One’s current employees. Coverage One achieved a confidential settlement, avoiding the hearing on the Motion for Temporary Injunction.
15The firm represents Ms. Iwanowski and Credit Suisse Securities (USA), LLC. Ms. Iwanowski, a financial advisor, resigned from SunTrust Bank to join Credit Suisse. This federal court case was initiated by SunTrust Bank to seek a temporary restraining order and preliminary injunction and damages against the defendants for alleged breaches of non-solicitation and confidentiality provisions, alleged misappropriation of trade secrets, breach of fiduciary duty, and tortious interference with advantageous business relationships and contracts. During an emergency hearing, the firm argued that before joining Credit Suisse, Ms. Iwanowski was a registered representative of SunTrust Investment Services, Inc. (“STIS”). STIS is an affiliated broker-dealer company of SunTrust Bank (“Sun Trust”). STIS is also a signatory to an agreement entered into by broker-dealers and independent financial firms (“Protocol” agreement), which allows a registered representative who moves between Protocol firms to retain a list consisting of the names and contact information of clients she has serviced for the firm (a “Protocol List”), and to immediately begin soliciting the clients on her Protocol List on behalf of her new firm, regardless of any post-employment restrictions that would otherwise prevent her from soliciting these clients. The express aim of the Protocol is to further customer choice with respect to their registered representatives. Here, Iwanowski moved from one Protocol firm (STIS) to another (Credit Suisse). With the Protocol in place, SunTrust’s claims hinged on the inapplicability of the Protocol to Ms. Iwanowki. Judge King denied SunTrust’s motion for injunctive relief finding that SunTrust failed to demonstrate a substantial likelihood of success on the merits. Thereafter, the parties jointly stipulated to the dismissal of the federal court action. The matter is scheduled for final hearing in FINRA arbitration in late 2016.
16Defended a former employee of Charles Schwab & Company, Inc. at an evidentiary hearing in federal court against a claim for misappropriation of trade secrets and breach of a non-solicitation agreement.
17Defended seven former employees of international investment firm against claims of misappropriation of trade secret, breach of non-solicitation agreements and breach of fiduciary duty. Served as co-counsel in temporary injunction hearing held in local court in San Juan, Puerto Rico (where court denied firm’s request for a temporary injunction) and ultimately settled similar claims in FINRA arbitration proceeding for nuisance value.

Officer and Director Representation

1The firm represented two independent directors of one of the world’s largest banana producers, which company was alleged to have engaged in illegal payments to alleged foreign terrorist organizations located in Colombia in violation of the Alien Torts Claims Act.
2Three directors of a Portuguese based bank in the defense of director liability claims by an accounting firm which had been sued for accounting malpractice related to a claim for hundreds of millions of dollars for failing to catch fraudulent factory activities during their audit.

Personal Injury and Wrongful Death

1Defended religious associations against personal injury and wrongful death claims arising out of an automobile accident. Settlement after mediation.
2This matter presented one of the worst cases of nursing home abuse and neglect on record. Although the decedent died as the result of the negligence of the nursing home, the firm elected not to file a wrongful death action, but rather a survival action to seek damages for the decedent’s pain and suffering, not of the two surviving adult children. The decedent developed multiple and extensive Stage IV pressure ulcers throughout his body at the hands of the nursing home. The firm alleged that the defendants deviated from the applicable standard of care by failing to prevent the ulcers from developing, by failing to detect the onset of the ulcers, and once developed, by failing to provide the proper care and treatment. The defendants also caused severe malnutrition and multiple episodes of dehydration which in large part caused these ulcers to develop and worsen. The firm sought both compensatory and punitive damages for the outrageous acts and omissions of the defendants. Through review of medical records, countless contradictions, omissions and misstatements were found in the records. The firm retained and consulted with one of the leading experts in this field to further build his case. After several key depositions of representatives of the nursing home and other providers, the case was successfully settled at mediation in favor of the estate. The terms of the settlement are subject to confidentiality.
3The firm represented a husband and wife who were pursuing their passion for motorcycling on one of South Florida’s major highways, only to have that enjoyment come to an abrupt end when a large steel tailgate came flying across the highway crashing into them, and robbing them of their passion. Our lawyers were able to persuade the Court that punitive damages should be awarded as the defendant took the tailgate on the highways knowing of its tendency to come loose. After three days of trial, and an obviously upset jury, the case settled for nearly $1 million.
4The firm represented a motorcyclist who was hit when a car swerved out of its lane. The firm was able to obtain a quick settlement for policy limits without the need for a trial.
5The firm represented the family of a nursing home patient who died from a combination of severe bed sores, dehydration, and malnourishment. The firm was able to prove that the records of the nursing home contained contradictions, omissions, and misstatements, causing the defendants to settle with our client’s estate quickly.

Product Liability Defense

1Defended several clients in both state and federal court actions (8 cases in total) against product liability claims including strict liability, negligence, fraud and negligent misrepresentation. In these cases, the client was alleged to have manufactured, marketed and sold its popular, century old product, Fleet Phospho-Soda, used as a bowel prep for certain medical procedures such as colonoscopy, while purportedly knowing that the product was unreasonably dangerous and that its ingestion caused acute renal failure. Plaintiffs in these various cases also alleged that the client violated FDA labeling and other regulations. All of these cases were transferred or submitted to a Multi-District Litigation in Ohio, where they were resolved as part of a global nationwide settlement process.
2Defended chemical manufacturer and distributor in federal court in response to claims for breach of express and implied warranty arising out of a boat manufacturer’s allegation that use of a chemical adhesive caused damage to racing boats it sold to the public. Case resolved in a confidential settlement after discovery.
3Defended a Fortune 100 company in defense of numerous product liability claims filed throughout Florida’s state courts arising out of the alleged use of asbestos containing products.
4Defended a manufacturer of roofing materials in response to claims that the materials were defective and caused damage to roofs of condominium buildings.
5Defended manufacturer of electronic monitoring device used by correctional offices on parollees in connection with claim that defective device allowed a parollee to escape detection and participate in murder of robbery victim.
6Firm is defending a Fortune 100 Company in a significant product liability claims arising out of use of a building material in a Miami Beach, Florida condominium building. The building was constructed using a fire safety product that allegedly caused leaks in the building’s fire sprinkler system. The condominium association filed suit seeking damages to replace the entire fire sprinkler system and for costs associated with repairs previously made to the building. The firm successfully obtained summary judgement for the client.
7Defended a product manufacturer in a lawsuit filed by a former tenant of a condominium building who claims personal injuries and personal property damage arising out of exposure to mold while she lived in the condo. The claimant alleges that the client manufacturer’s product was defective and was one of several possible causes of water intrusion into the building, creating the mold. Case settled.

Professional Malpractice

1The firm defended an international law firm from a legal malpractice claim brought by a formerly-reporting public company whose stock was delisted from a national exchange in the aftermath of accounting fraud at the company’s foreign subsidiary.
2The firm successfully resolved a contentious legal malpractice claim during the pre-suit stages, avoiding contentious litigation surrounding an international law firm’s preparation of documents to effectuate a multi-million dollar land-banking transaction.

Real Estate Transactions & Litigation

1Richman Greer asserted claims on behalf of the Turnberry Condominium Association against defendants for zoning violations and breach of covenants contained in the Declaration of Condominium involving the former country club’s decision to lease the former club property to the private, for-profit Pritikin wellness center. The lawsuit alleged that the lease between the club and Pritikin, and Pritikin's occupation of the former club facilities, destroyed the private condominium club lifestyle which the condominium residents previously enjoyed and which was guaranteed to them by the condominium documents. The trial court granted summary judgment in favor of the Association as to its perpetual right to use the swimming pool facilities adjacent to the condominium building, including the right to patronize the pool cafe. That judgment was affirmed on appeal. While the judgment was on appeal, Turnberry Country Club sold its interests in the subject property to TB Isle Marina/Yacht Club, LP, which entity became responsible for fulfilling the obligations of the former property owner. The Association filed a motion to enforce the prior judgment against TB Isle, alleging that the new owner violated the Declaration and the judgment by failing to comply with its obligations. After a protracted evidentiary hearing, the court ordered that TB Isle forfeited its right to operate the subject swimming pool facilities in accordance with the Declaration and prior judgment, and that those facilities must be conveyed to the Association for it to operate for the benefit of its condominium unit owners and guests. In a subsequent enforcement action brought by Richman Greer on behalf of the Association, the trial court held TB Isle in breach of its obligations under the Final Judgment and Declaration of Condominum and ordered TB Isle to convey to the Association all of the swimming pool facilities.
2Obtained multi-million dollar jury verdict in favor of residential home builder against land developer in claims for breach of contract, including failure of developer to honor right of first refusal granted to builder. Additional damages included over $1 million in attorney’s fees and costs to client.
3Represented landlord in commercial lease dispute with tenant over tenant’s failure to comply with condition of lease that required the construction of a building on the property.
4Prosecuted claims in arbitration against home builder on behalf of home buyer for breaches of the construction and purchase agreement. Arbitration award in favor of client.
5Defended trustee owner of property against claims arising out of an alleged promise to sell real estate. Claimant alleged that trustee promised to sell it a 120 acre tract of land, and tried to block trustee’s sale to another purchaser, alleging specific performance, breach of contract, fraud and civil RICO. The trial court granted summary judgment for trustee on all counts, which judgment was affirmed on appeal in India America Trading Co., Inc. v. White, 896 So.2d 859 (Fla. 3d DCA 2005). The trial court further determined that the lawsuit was filed in bad faith and awarded trustee his attorneys fees.
6Represented a real estate broker in an arbitration against a landowner seeking a real estate commission. The broker arranged for the turn-key sale of a former department store for the Dade County School Board to be used as an office building. The owner then sold the property to a developer, who re-developed the property into an office building and transferred title to the School Board. Arbitrator awarded the broker a commission and prevailing party attorneys fees.
7Represented real estate brokers in state court litigation claiming a real estate commission for introducing the seller of a vacant parcel of land on Brickell Avenue in Miami, Florida to a developer. The seller contributed the property as part of a joint venture with the developer, who constructed two condominium towers. Case settled after discovery closed.
8Represented the owner of undeveloped ocean front property in Juno Beach, Florida in defense of a claim of specific performance of a real estate contract. The significant issue was whether the seller waived its right to enforce a “time is of the essence” clause after purchaser failed to pay a required deposit. Successfully obtained a verdict in favor of owner after non-jury trial.
9Retained by out of state bank to prosecute 65 complicated residential foreclosure cases in four counties in Florida, involving mortgages the bank acquired from original lenders through the FDIC. The firm took over the cases from prior counsel and obtained final judgments of foreclosure through summary judgment or non-jury trial and handled the sale. Cases dealt with numerous procedural defenses in order to ensure judgments were obtained with clear title.
10Represented a real estate broker in litigation seeking a real estate commission from major real estate investor and related companies arising from its acquisition of the Airport Corporate Center, a large commercial office park. Case settled at mediation.
11Successfully defended commercial tenant as to landlord's claim for alleged unpaid common area expenses in excess of $8,000,000. Judgment entered in tenant's favor after trial on the merits. Judgment was affirmed on appeal. Miracle Center Assoc. v. Scandinavian Health Spa, Inc., 889 So.2d 877 (Fla. 3d DCA 2004).
12Represented landlord in action to recover unpaid common area maintenance expenses. After non-jury trial, trial court entered judgment in favor of landlord.
13The firm represents Sunrise Mills (MLP) Limited Partnership (“Sunrise Mills”), a subsidiary of Simon Property Group, in a landlord/tenant matter pending in Broward County, Florida. Simon Property Group is the largest Real Estate Investment Trust in the United States. After Sunrise Mills brought an action for eviction and damages against the tenant and guarantors as a result of the failure to timely pay rent, the defendants filed a counterclaim alleging claims for breach of contract and fraudulent inducement. The gist of the defendants’ counterclaim is that the lease provided for the right for the tenant to change its restaurant concept from a Mediterranean concept to a salad and smoothies concept, and that Sunrise Mills breached the lease by blocking defendants’ request to change concepts and that Sunrise Mills fraudulently induced defendants into the lease and the guaranty because Sunrise Mills never intended to permit the change. Recently, the Florida Supreme Court, in the case of Tiara Condo, eliminated the contractual “economic loss rule” which stood for the proposition that a party cannot pursue a claim in tort for damages that arises from a breach of contract. Notwithstanding the Tiara Condo decision, trial court ruled that the defendants’ fraud claim nevertheless failed under Florida common law. This is so because Florida’s common law does not permit a claim in tort that was not based on a breach of duty that is independent of the parties’ contract.
14Successfully obtained judgment for eviction for client/landlord, after a contested hearing, against a tenant in a Class A office building in Miami Beach, Florida.