Commercial and Complex Litigation

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

Attorneys Practicing in this Area

Betensky, Gary S. - Shareholder Brumbaugh, John M. - Shareholder Edenfield, Nathaniel M. - Associate Freire, Leora B. - Shareholder Garcia-Linares, Manuel A. - Managing Shareholder Greer, Alan Graham - Shareholder Katzen, Diane Wagner - Shareholder Keller, Amanda R. - Associate Myron, Adam M. - Shareholder Naclerio, Steven - Of Counsel Napoleone, Michael J. - Shareholder Ponzoli, Jr., Ronald P. - Shareholder Richman, Gerald F. - Shareholder Romance, Mark A. - Shareholder Shapiro, Lyle E. - Shareholder Sodhi, Eric M. - Shareholder Spoont, Joshua L. - Shareholder Thompson, Georgia A. - Associate White, III., John "Jay" G. - Shareholder

Featured Representative Cases

  • Plaintiff 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.

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  • Defended client, L'Ambiance Beach Resort, Ltd., against claims brought by corporation with a contract that permitted it to operate a watersports concession on our client's property when the property was owned by a hotel.  Trial court entered final summary judgment in favor of our client.
  • Representation of an out of state medical practice contesting long-arm jurisdiction over the proceeds of a defined benefits pension plan and trust.

    Successful representation of 501 (c) (3) not for profit corporation in reversing the revocation of will and trust devise to a different not for profit

    Successful defense of corporation at jury trial in breach of contract, conversion and business torts claims totaling over $20,000,000.

    Representation of former trustee against charges of defalcation across two dozen cases, in and outside of bankruptcy court, and totaling $25,000,000.00.

    Representation of the seller of real estate regarding the applicability of arbitration provisions in real estate disputes. Keyes Co. v. Spencer, 16 So. 2d 213 (Fla. 4th DCA 2009).

    Representation of seller of real estate arising out a breach of contract that involved two appeals to the district court of appeal and the Florida Supreme Court, including making new law regarding payment of attorney’s fees. Swift v. Wilcox, 924 So. 2d 885 (Fla. 4th DCA 2006).

    Representation of party enforcing payment under a real estate contract and established new law regarding waiver of the right of equity of redemption in settlement agreements. Rothschild Reserve Intern., Inc. v. Silver, 830 So. 2d 224 (Fla. 4th DCA 2002).

    Representation of landowners in establishing that abandonment of a non-conforming use requires intent to abandon, and not merely the passage of time. City of Lake Worth v. Cook, 1 Fla. L. Weekly Supp. 383 (Fla. 15th Cir.), aff’d, 626 So. 2d 1115 (Fla. 4th DCA 1993).

    Representation of the beneficial owners under a nominee agreement in regaining their legal rights and placing the clients into full ownership, including through summary judgment and appeal, arising out of a complex, multi-million dollar real estate development.

    Representation of numerous banks in litigation matters, including enforcement of loan obligations, fraudulent conveyances, bankruptcy matters, and E.F.T. disputes such as establishing the proper revocation of a wire transfer and return of the disputed funds to the corporate issuer of the wire, including representing lenders from lender liability claims, including in construction, loan origination and business dissolution cases.

    Representation in significant complex foreclosure experience, including commercial foreclosure of notes and mortgages that lack indorsement to present lender.

    Representation in the in the resolution of intra-business disputes, including litigation in the following industries: health care, construction, product manufacturing, transportation and communications.

    Representation of numerous landlords in landlord-tenant matters, including two of the regional shopping malls in Palm Beach County.


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