St. Louis, et al. v. Bailey, et al. (Fla. Sup. Ct. 2019) – Appeal of first impression disgorgement damage issue concerning $240 million in disgorgement damages, contrary to findings of trial court after bench trial and two subsequent appeals.
JetSmarter, Inc. (AAA 2019) – Co-counsel in Florida opt-out arbitrations of AAA nationwide class action, and related litigation enforcing arbitration clauses.
Perez Trading Co. v. Berkowitz Pollack Brandt Advisors and Accountants, LLP (Miami-Dade Complex Court and Third District Court of Appeal 2019) – Co-lead trial and appellate counsel for accounting firm for alleged professional negligence from 1992 to 2015 during which time a senior manager was convicted of false invoice scheme that resulted in theft of over $9 million from employer. The dispute amicably settlement.
Ricketts v. Imerys Talc America (Fla. 4th DCA 2018 and related statewide litigation) – Obtained first impression Florida appellate decision finding lack of personal jurisdiction over foreign material supplier. This resulted in multiple trial court dismissals in nationwide litigation.
SEC v. McKelvey (S.D. Fla. 2018) – Defeated SEC’s request for permanent lifetime officer and director bar against defendant who was convicted in earlier resolved criminal action involving “blank check company” fraud scheme.
National Exchange Service Ltd., et al. v. Cory Robins, et al. (Miami-Dade Complex Business Division 2018) – Lead defense counsel attorney and law firm in action seeking more than $150 million in damages for purported role in alleged international theft of funds, before amicably settling the dispute.
Ishow.com, Inc. v. Lennar Corp. (U.S. Dist. Wash. 2017) – Member of joint trial team in litigation and Federal Jury trial involving dispute over Trademark with potential damages of over $500 million, before amicably settling the dispute.
Lopez v. Flores (Miami-Dade Circuit Civil, Probate, Guardianship, Family, and Third District Court and Supreme Court appeals, 2015-2018) – Co-lead counsel in complex, multi-year, and multi-million-dollar trust litigation involving coordinated litigation in four divisions of Circuit Court, as well as multiple successful appeals to District (including disqualification of counsel) and Supreme Courts, before amicably settling all litigation.
In the Matter of Ireeco LLC and Ireeco Limited, Respondents (SEC Administrative Proceeding 2015) — Partially settled first non-fraud SEC action in EB-5 industry, involving alleged Section 15(a) alleged violations of broker-dealer registration provisions of Securities Exchange Act of 1934 against U.S. and Hong Kong LLCs; avoiding any claims against the entities’ principals, and preserving the right to litigate SEC disgorgement and penalty claims.
National Pension Consultants, Inc. (SEC Admin. 2014) Lead counsel for trader and company defending alleged conduct in connection with alleged $9 billion bond trading scheme, including Wells Submission and Wells Arguments to California-based Regional Directors, Branch Chiefs, and ultimately Chief of Enforcement in Washington DC. The dispute was amicably settled.
Nature's Products, Inc. v. Natrol, Inc. and FCC Products, Inc. (S.D. Fla. 2013) — Represented Defendant/Counterclaimant Natrol, Inc. Obtained partial Summary Judgment on liability for breach of indemnity agreement and breach of implied warranty of merchantability, arising from an FDA Class 1 Recall of client's Protein Powder Products, reserving damages determination for Jury. Subsequently obtained Jury Verdict, following a two-week trial, in the amount of $3,272,705, based on breaches of indemnity agreement, manufacturing contract, express warranty, and implied warranty of merchantability. Obtained additional award of $1.2 million in attorneys’ fees and related expenses post-trial.
SEC v. Kramer (M.D. Fla. 2011) — Successful defense of SEC lawsuit alleging unregistered broker-dealer activity, following two-week bench trial and appeal. The Kramer decision is one of, if not the leading decision on the standard for Unregistered Broker-Dealer liability, and is routinely cited in court filings and secondary sources, including Wright & Miller's Federal Practice and Procedure treatise.
SEC v. Merkin (S.D. Fla. 2012) — Obtained orders directing U.S. Securities and Exchange Commission to submit to Rule 30(b)(6) deposition, overruling SEC's Objections to Magistrate Judge's Order Permitting a Rule 30(b)(6) deposition of the SEC, and denying SEC's motion to stay the deposition.
Compania de Elaborados de Café v. Cardinal Capital Mgmt., Inc. (S.D. Fla. 2003) — Obtained summary judgment of dismissal in successful defense of brokerage firm against lawsuit by non-customer for alleged conversion and fraud. The decision is routinely cited in the Southern District of Florida in matters involving fraud.
Kast v. Tube Media Network, et al. (Broward County Business Court 2011) — Successfully defended CPA firm in multi-million dollar investor suit against defunct cable television station, its officers and directors, and outside accounting firm, by obtaining dismissal with prejudice of Third Amended Complaint against Weinberg & Co., CPAs, and recovering attorneys' fees, pursuant to Florida's Securities and Investor Protection Act.
Representative Cases
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Imerys Talc America v. Ricketts, 262 So. 3d 799 (Fla. 4th DCA, 2018)
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Conde v. Webcollex, LLC, 752 Fed. Appx. 935 (11th Cir. 2018)
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Lopez v. Flores, 223 So. 3d 1033 (Fla. 3d DCA 2017)
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McMillin v. Scarola, 205 So. 608 (Fla. 4th DCA 2016)
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Bovarnick v. Kohler Co., 2016 Fla. App. LEXIS 11486 (Fla. 4th DCA 2016)
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Flores v. Lopez, 197 So. 3d 594 (Fla. 3d DCA 2016)
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SEC v. McKelvey, 2015 U.S. Dist. LEXIS 186196 (S.D. Fla. 2015)
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Nature's Products, Inc. v. Natrol, Inc., et al., 2013 WL 7738172, --- F.Supp.2d --- (S.D. Fla. 2013)
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SEC v. Merkin, 283 F.R.D. 699 (S.D. Fla. 2012)
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SEC v. Merkin, 283 F.R.D. 689 (S.D. Fla. 2012)
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Landmark Am. Ins. Co. v. Moulton Props., 440 Fed. Appx. 788 (11th Cir. 2011)
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SEC v. Kramer, 778 F.Supp.2d 1320 (M.D. Fla. 2011), and appeal dismissed, December 2011
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Ferdie v. Isaacson, 8 So. 3d 1246 (Fla. 4th DCA 2009)
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VOIP, Inc. v. Rivas, 935 So. 2d 17 (Fla. 4th 2006)
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Biomarine Techs., Inc. v. Moulton Props., 933 So. 2d 523 (Fla. 1st DCA 2006)
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Ubuy Holdings, Inc. v. Gladstone, 340 F.Supp.2d 1343 (S.D. Fla. 2004)
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Compania de Elaborados de Café v. Cardinal Capital Mgmt., 401 F.Supp.2d 1270 (S.D. Fla. 2003)
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U.S. v. Word, 129 F.3d 1209 (11th Cir. 1997)