Litigation Representations

General Commercial Litigation

  • Represented numerous corporate clients in matters involving non-competition claims and protection of trade secrets.
  • Represented two major U.S. airlines in seizures of collateral under aircraft leases.
  • Represented numerous corporate clients in recovery of collateral under lease terminations and general finance agreements.
  • Successfully defended multi-million dollar tortious interference claims brought by corporate competitor.
  • Successfully represented European corporate client in fraud case involving investments in a corporate affiliate.
  • Represented Italian tennis professionals in a suit against ATP Tour, Inc., alleging discriminatory official rulebook enforcement, unlawful suspensions, fines, financial losses, reputational damage and reduction in rankings.

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.
  • National and Florida litigation matters for other franchisor clients including Smoothie King, Pearle Vision, Inc., Jamba Juice, Benihana National Corp., TGI Friday's® and Denny's Inc.
  • Represented franchisors with respect to numerous issues in franchisee bankruptcies, including reorganization of multi-unit franchisees, franchisor's right to terminate franchise agreements in bankruptcy, and complex system supply issues.
  • Represented franchisors in suits validating their right to set maximum prices for system products.
  • 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.
  • Represented franchisor in California ADA class action litigation involving 90 plus restaurants.
  • 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 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

  • Representation of major South Florida developers in all aspects of development and construction litigation.
  • Represented 30 developers in class action brought by approximately 2,000 homeowners in southwest Broward County. Obtained early dismissal of case on basis that homeowners were limited to remedies with city and lacked standing to proceed in court.
  • Represented 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 awarded to client and collected from condominium association.
  • Represented developers in county and municipal proceedings relating to development concurrency issues.
  • Successfully defended developer in numerous cases regarding condominium act and homeowner's association issues.
  • Worked with Palm Beach County on environmental remediation issues on behalf of developer.
  • Preparation of numerous underlying documents for planned communities, including homeowners' associations, condominium associations, purchase contracts and condominium conversion documents.

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 Standards Act (FLSA) claims against national securities brokerage firms that failed to pay overtime to sales assistants.
  • Successfully defended institutional clients against numerous employment related claims including FLSA, Family Medical Leave Act (FMLA), and Age Discrimination in 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

  • Served as federal court-appointed receiver for Creative Capital Consortium, LLC and affiliated entities that defrauded investors of over $68 million.
  • Represented registered representative in a wrongful termination and U-5 defamation claim, which resulted in an award of $1.8 million in FINRA arbitration against a major broker-dealer.
  • Represented bankruptcy trustees and receivers seeking return of millions of dollars in fraudulent transfers arising from various Ponzi schemes.
  • Represented 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.
  • Represented institutional investors in various national securities fraud class actions to recover money from Enron and WorldCom.
  • Represented UBS in enforcing covenants not to compete against former brokers and enforcing promissory notes against former brokers.
  • Represented brokers in regulatory actions before the FINRA and SEC.
  • Represented brokers and sales assistants with employment issues involving their employers.
  • Represented defendants in numerous class action securities fraud suits 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.

White Collar

  • Represented foreign national in successful removal from Interpol list based on political persecution.
  • Represented owner of medical supply company resulting in recommended dismissal of civil RICO complaint.
  • Represented multiple bankruptcy trustees in investigation and successful recovery from financial institutions for aiding and abetting operation of Ponzi schemes.
  • Represented owner of pain management clinic resulting in declination of federal prosecution.
  • Represented business owners in IRS administrative proceedings resulting in dismissal of all levies.
  • Represented foreign nationals in negotiations with the U.S. Government to provide undercover cooperation.
  • Represented corporations in successful negotiations for Corporate Integrity Agreement in lieu of prosecution.
  • 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 ramifications.
  • Represented privately owned hospital in connection with federal grand jury investigation of alleged false Medicare cost report submissions , resolving the matter with no criminal charges.