BANKRUPTCY HIGHLIGHTS
Committees
- Represent the creditors' committee in the Chapter 11 bankruptcy of Levitt & Sons, LLC and 37 subsidiaries, a significant, long standing home builder and real estate developer with projects in four states and over $500 million in secured and unsecured debt.
- Represent the creditors' committee of Epixtar, Inc., and its subsidiaries, which is an international call center business in the United States, the Philippines and South America.
- Represent creditors' committee of Roadhouse Grill, Inc., a company engaging operating, franchising and licensing casual dining restaurants which filed a Chapter 11 in West Palm Beach, Florida on October 8, 2007.
- Represented creditors' committee of Safety-Kleen Corp., a multi-billion dollar waste clean-up business in Delaware Chapter 11 proceedings, pursuing claims against financial institutions and settling such claims for $40 million.
- Represented creditors' committee of Cornerstone Propane, L.P., a multi-billion dollar propane retailer in Southern District of New York Chapter 11 proceedings, investigating potential avoidance claims against lenders and equitable subordination claims.
Trustees
- Represented liquidating trustee pursuing claims against financial institutions used in a $500 million check kiting scheme.
- Represent trustee of home improvement chain, with annual revenues in excess of $100 million, in Delaware Chapter 7 proceedings, investigating and pursuing director and officer liability claims.
- Represent Chapter 11 trustee of major professional employer organization seeking to recover $100 million in diverted corporate clients and to consolidate multiple corporate entities.
- Represent liquidating trustee of Viasource, a publicly traded telecommunications business with $200 million in revenue in pursuing former officer and director liability claims.
- Represent trustee in Abraham Gosman's Chapter 7 proceedings, the largest individual case filed in Florida, in avoiding $60 million in fraudulent transfers and the recovery of a $43 million Palm Beach oceanfront mansion.
- Represented liquidating trustee of Rich International Airways in successful pursuit of avoidance litigation claims against George Batchelor's probate estate recovering $26 million.
Debtors
- Represent Betsy Ross Hotel located in Miami Beach, in its Chapter 11 proceedings and sale resulting in full creditor payment.
- Represented Boulevard Hotel in Miami Beach, in investigating and pursuing lender liability claims against the senior mortgage holders.
- Represented major musical instrument retail chain in its Chapter 11 proceedings.
Receivers
- Represent Receiver of financial brokerage in pursuit of $20 million in claims arising from the case of a real estate ponzi investment scheme.
- Represent Receiver of ES Bankest LC in its Chapter 11 proceedings and pursuit of avoidance and other claims arising from a $170 million fraudulent scheme.
Other Notable Engagements
- Represent, as co-counsel, principal Enron securities class action lead plaintiff, in the Enron Chapter 11 proceedings and related matters including LJM II, an Enron affiliate, assisting lead counsel in obtaining $7.2 billion in settlements, the largest recovery ever in a securities class action.
- Represent the family of murder victim Ronald Goldman in recovering the publishing rights to O.J. Simpson's book, "If I Did It."
- Represented the Ritz Carlton, San Juan's equity holder in obtaining several million dollars in its claims in the Hotel's Chapter 11 proceedings.
- Represented managing partner of major national law firm as outside director of a public company in successful defense of D & O claims brought by a bankruptcy trustee.
LITIGATION HIGHLIGHTS
Franchising
- National franchise counsel to Burger King Corporation, handling all aspects of franchise litigation throughout the United States.
- National counsel to Campero USA Corporation throughout the United States.
- Represented franchisors with respect to numerous issues in franchisee bankruptcies, including reorganization of multi-unit (i.e., 200 plus) franchisees, franchisor's right to terminate franchise agreements in bankruptcy, and complex system supply issues.
- Represented franchisor against claims arising from refusal to approve transfer of franchisee's businesses, including a summary judgment on a $24 million claim involving 29 restaurants.
- Represented various franchisor clients on disclosure issue claims, claims under numerous state franchise acts and those relating to federal UFOC issues.
- Prevailed in arbitration of disaffected franchisees' claims relating to merger of two food industry franchisors, including claims alleging abandonment of trademarks, violation of state acts, and earnings claim violations.
- Successfully defended against numerous claims seeking to hold franchisor vicariously liable for wrongful acts of franchisees.
- Successfully defended numerous franchisee "encroachment" claims concerning alleged violations of their territorial rights.
- Enforced trademark rights enjoining unauthorized use of trademarks and enforcing system menu and facility requirements.
- Successfully defended class action against numerous franchisors and distributors on claims alleging franchisor violations of Americans with Disabilities Act requirements.
- Successfully defended class actions brought against franchisors claiming overtime pay and other wage-hour violation.
- Successful defense of nationally publicized discrimination lawsuit.
- Preparation of UFOCs, FDDs and license agreements and other transactional documents on behalf of franchisors.
Real Estate/Construction Defects
- Over 20 years of experience in representing major South Florida developers in all aspects of development and construction litigation.
- Represented approximately 30 developers in a class action brought by approximately 2,000 homeowners in southwest Broward County. Obtained early dismissal of the case holding that homeowners were limited to remedies with city and lacked standing to proceed in court.
- Represented Palm Beach County and South Florida developer seeking relief from bankruptcy court to proceed with 440 acre development of 1,700 homes on property adjacent to debtor's property. Court was first to hold that such development could proceed under exception to "automatic stay" relating to the governmental actions.
- Successfully defended a developer at trial on construction defects claims in a 322 unit condominium community. Attorneys' fees were awarded and collected from condominium association.
- Represented developers in county and municipal proceedings relating to development concurrency issues.
- Successfully defended developer client in numerous cases regarding condominium act and homeowner's association issues.
- Worked with Palm Beach County on environmental remediation issues on behalf of developer client.
- Preparation of numerous underlying documents for planned communities including homeowners' associations, condominium associations, purchase contracts and condominium conversion documents.
White Collar
- Represented a major international bank in successful defense of a criminal money laundering investigation in Federal Court in Los Angeles, California. Obtained dismissal of civil forfeiture and civil money laundering lawsuits against bank in Federal Court.
- Represent the Republic of Venezuela in Federal Court in Ohio, in civil case involving demand for payment of one hundred million dollars on promissory notes which Venezuela claims are fraudulent and part of an a $3.6 billion international conspiracy.
- Represent Florida based home health care business in an administrative action brought by the Florida Department of Financial Services.
- Represented a Florida Pulmonologist in Federal health care fraud criminal investigation. Successfully obtained a no-prosecution agreement and resolved matter civilly with the Department of Health and Human Services.
- Represented certified public accounting firm in connection with investigation by State Attorney General's Office in to the submission of allegedly misleading Medicaid Cost Reports resulting in no charges or administrative ramifications to client entity.
- Represented principal of nationwide mortgage company in connection with Federal HUD investigation in Tampa and negotiated disposition of case to minimize exposure of individual to incarceration and financial ramification.
- Represented privately owned hospital in connection with Federal Grand Jury investigation of alleged false Medicare Cost report submissions and resolution resulting in the filing of no criminal charges.
- Represented owner of South Florida automobile dealership in criminal State sales tax prosecution. Successfully obtained favorable plea and a sentence of probation.
Employment
- Successfully defended multiple institutional clients against claims of discrimination, sexual harassment and alleged violations of the Americans with Disabilities Act, including cases brought as national class actions.
- Represented company and employees in ERISA, fraud, conversion and contract claims against ex-president arising out of the sale of the largest dairy in northern Florida, and theft by the ex-president of pension funds.
- Prosecuted numerous Fair Labor Standard Act claims against national securities brokerage firms who failed to pay overtime to sales assistants.
- Successfully defended institutional clients against numerous employment related claims including Fair Labor Standards Act, Family Medical Leave Act, and Age Discrimination Employment Act claims, including cases brought as national class actions.
- Represented nationally known gaming operation in connection with claims of former officers and settlement.
- Counseled clients in handling employment related issues, including FMLA, FLSA, and potential discrimination claims.
- Preparation of employment manuals and employment agreements on behalf of institutional clients.
- Negotiation of high level executive compensation packages.
- Represented employers' executive employees in numerous cases involving enforcement of non-competition agreements, theft and trade secrets.
Securities
- Represent individual investors, both domestic and foreign, with claims against their brokerage firms in NASD, NYSE and FINRA arbitrations resulting in millions of dollars of recovery for those clients.
- Represented prominent NFL player in securities fraud suit against broker and agent.
- Represented national airline in securities arbitration against major broker/dealer.
- Represent institutional investors in various national securities fraud class actions to recover money from Enron and WorldCom.
- Represent UBS in enforcing covenants not to compete against former brokers and enforcing promissory notes against former brokers.
- Represent brokers in regulatory actions before the NASD, NYSE and SEC.
- Represent brokers and sales assistants with employment issues involving their employers.
- Represented defendants in class action securities fraud suite brought by investors.
Municipal Law
- Represented municipality in a number of claims alleging police misconduct, leading to nuisance value settlements.
- Represented municipality in federal civil rights/first amendment claim, leading to nuisance value settlement.
- Negotiated complex multi-party transaction with school board, charitable foundation, municipality and local university for successful creation of municipal charter middle-high school.
- Successfully defended personal injury claims against municipality, resulting in zero recovery.
- Representation of municipality in ongoing litigation challenging municipal pool construction/operations.
- Successfully defended various municipal board rulings against appellate challenges.
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