Commercial Litigation & Trials

Notable Experience

• Represented famed golfer and golf course designer Jack W. Nicklaus in arbitration against New York businessman Howard Milstein over whether Mr. Nicklaus is free to compete with the company that bears his name. After a Final Hearing that spanned 18 days over six months, the Arbitrator ruled that the restrictive covenants in Mr. Nicklaus’ Employment Agreement expired, and “he is now free to engage in the activities” once restricted by those covenants, which include, among other things, the design of golf courses and the solicitation of the Companies’ customers and employees.
• Represented U.S. Global, LLC, a Fort Lauderdale-based energy company, against Progress Energy, Inc., a large public facility, where U.S. Global sued over the sale of facilities that produced a synthetic fuel from coal which qualified for federal tax credits and won a jury verdict. An appeal to the Fourth District Court of Appeal resulted in an affirmance of the judgment on one of the contract claims, translating to a recovery of more than $90 million dollars. The balance of the case was remanded for further proceedings, and was later resolved favorably, by agreement, for an additional $13.5 million dollars, bringing the total recovery in the case to more than $103.5 million dollars.
• For over nine years, starting immediately after the Florida real estate market crash, represented BBX Capital Corporation and its Chairman and CEO Alan Levan, which owned one of the largest Florida-headquartered banks in a private securities litigation and then a lawsuit brought by the SEC alleging that BBX had concealed loan risks. In the private securities litigation, after a six-week jury trial and verdict mostly for the defendants, the District Court entered judgment as a matter of law for defendants on every claim, which the Eleventh Circuit affirmed on other grounds. A six-week jury trial and split verdict in 2014, a successful appeal to the Eleventh Circuit in 2016, and a second six-week jury trial in 2017 resulted in a verdict and judgment for BBX and Mr. Levan rejecting every claim asserted by the SEC.
• Represented Flagstone Island Gardens LLC and Flagstone Development Corporation in a suit against the City of Miami in connection with Flagstone’s right to develop and lease a $1.2 billion dollar mixed-used hotel, retail and marina project on Watson Island, Florida. Flagstone won the bid to develop in 2001 and subsequently obtained financing. However the market crash in 2007 caused investors to walk out on the project. In 2010, the City and Flagstone amended the agreement to include longer time periods to commence and complete development in phases. Throughout this period, a group of community activists opposed to the project started a campaign to block the project, filing a lawsuit to block its development for alleged violations of the City Charter and submitting numerous letters to city officials. Building permits that should have been granted were stalled and the City Commission declared Flagstone in default. Flagstone sued to declare that there was no default and seek damages for the City’s breach of the agreements. The case was bifurcated between liability and damages. After a seven-day bench trial on liability, the Judge entered a 27-page order finding against the City and in favor of Flagstone on every disputed issue. In regards to the remedies phase, our team achieved a settlement allowing Flagstone to recover all of its fees and costs of approximately $5 million dollars, an additional $5 million for other expenses and an additional $10 million over time. Additionally, the City accepted development agreements providing substantial economic value.
• Represented All Aboard Florida in a federal action challenging the U.S. Department of Transportation’s allocation of tax-exempt private activity bond authority to the All Aboard Florida Project – an express passenger rail system which connects the four largest urban population centers in Southern and Central Florida, namely, Miami, Ft. Lauderdale, West Palm Beach, and Orlando. The action also challenged the Final Environmental Impact Statement and corresponding Record of Decision for the portion of the All Aboard Florida Project between West Palm Beach and Orlando. Following extensive briefing and oral argument, the District Court entered a lengthy Memorandum Opinion and Order granting summary judgment in favor of the U.S. Department of Transportation and All Aboard Florida on all claims asserted.  Firm was the principal drafter of All Aboard Florida’s briefs in the District Court and the subsequent appeal to the D.C. Circuit, which resulted in a unanimous opinion affirming the grant of summary judgment in all respects. On October 5th 2020, the U.S. Supreme Court denied Indian River County’s Petition for Writ of Certiorari, bringing to an end the six-year effort to derail the passenger rail service from West Palm Beach to Orlando.
• Represented class of Exxon dealers against Exxon Corporation and obtained a jury verdict against Exxon for compensatory damages of approximately $500 million. The jury found that Exxon breached uniform sales agreements in setting fuel prices and fraudulently concealed the breach for years. With prejudgment interest, the total award was approximately $1 billion. The Eleventh Circuit affirmed the jury’s verdict in a unanimous opinion. The Supreme Court then granted certiorari review, and, after additional briefing and oral argument, affirmed the judgment and opinion of the Eleventh Circuit. Developed and administered a claims process to prosecute each and every one of the 11,000 claims filed against the $1.07 billion paid by Exxon to the Fund. The Firm prosecuted every single claim to a Special Master appointed by the District Court, with unprecedented success. All of the funds have now been disbursed.
• Defended Tradestation and its principals in two jury trials in Florida Circuit Courts claiming securities law violations which were tried to conclusion. The shareholders sought damages in excess of $50 million. Both juries returned verdicts for the defendants leading to a favorable result for the clients.
• Represented real estate developer in an insurance trial in Florida Circuit Court to recover under a builders-risk insurance policy for losses caused by a catastrophic fire. After two weeks of trial, the insurer settled for $27 million, which represented the entire amount sought in the litigation, plus attorneys’ fees and exposure for bad faith liability. By agreement, the names of the parties cannot be disclosed.
• Obtained $151,250,000 recovery on behalf of class of indirect purchasers in antitrust litigation against the leading U.S. and Canadian manufacturers of polyurethane foam involving a cross-border price fixing and market allocation conspiracy. The amount was, at the time, the fourth largest antitrust recovery on behalf of an indirect purchaser class.
• Obtained dismissal with prejudice of all claims brought against the Chief Judge of Florida’s Third District Court of Appeal in a highly publicized lawsuit challenging whether the judge satisfied Florida’s residency requirements. The Firm has also represented other members of the Florida judiciary in various matters.
• On behalf of Google and YouTube, obtained dismissal with prejudice of Sherman Act and FDUTPA antitrust claims based on an alleged tying arrangement arising out of purportedly unauthorized postings on YouTube of copyrighted motion pictures owned by a famous Mexican movie producer.
• Obtained $33 million recovery as lead counsel on behalf of a class of indirect purchasers in antitrust litigation arising out of a nationwide price-fixing, bid-rigging and market allocation scheme among the country’s dominant manufacturers of liquid aluminum sulfate. The $33 million recovery represented an amount in excess of 100% of the treble damages being sought in the case — a result which is believed to be unprecedented in antitrust class action litigation. In issuing final approval of the recovery to the class, United States District Judge Madeleine Cox Arleo of the District of New Jersey complimented the Firm for ‘skillfully and zealously represent[ing] the interests of the Indirect Purchaser Class in this case,’ and that the Firm achieved the unprecedented recovery through a “high degree of diligence, perseverance and skillful advocacy.” Judge Arleo further remarked in open court that the Firm’s efforts in the case “could not have yielded a better result” for the class.
• Obtained multimillion dollar recovery on behalf of multinational petroleum coke and energy trading company in litigation against two of the company’s former executives and their co-conspirators arising out of international embezzlement and product diversion scheme.
• Obtained multimillion dollar recovery as lead counsel representing a class of 33 Florida counties in an action to recover unpaid Tourist Development Taxes from various online travel companies (Expedia, Priceline, Travelocity, Orbitz, etc).
• Argued a case of first impression before the United States Court of Appeals for the Ninth Circuit on the issue of whether a private right of action exists under the Federal Food, Drug and Cosmetic Act to compel the listing of a pharmaceutical patent with the United States Food and Drug Administration. The appeal originated from a lower court judgment in favor of the Firm’s client, and the case was settled in favor of the Firm’s client shortly after oral argument on the appeal.
• Defeated CollaGenex’s efforts to block the entry of a generic version of Periostat (doxycycline hyclate), an important antibiotic used in the treatment of periodontal disease. After intervening in litigation brought by CollaGenex against the FDA to block approval of any competing generic version of Periostat, the Firm persuaded the court to overturn an injunction that had been entered against FDA barring such approval, and ultimately obtained a final summary judgment clearing the way for approval of a competing generic product. The Firm also defeated the efforts of CollaGenex to obtain an injunction barring generic competition in a related patent infringement action.
• Obtained a dismissal with prejudice of claims brought by a qui tam plaintiff under the False Claims Act, in which plaintiff sought over $30 billion in damages based on a purportedly fraudulent scheme by the Firm’s client (as well as every major pharmaceutical manufacturer in the country) in connection with the use of in-process validation methods to obtain drug approvals from the FDA.
• In a class action, obtained a $100 million settlement from CBRE, Inc. on behalf of commercial property investors whose funds were embezzled by a third party while CBRE was managing the properties.
• In a securities fraud case, obtained a multi-million dollar settlement that exceeded our client’s investment into a failed Initial Public Offering.
• Persuaded OFAC to issue a declination letter to a financial institution accused of violating U.S. sanctions on Cuba.
• Obtained a “no action” letter from the U.S. Securities & Exchange Commission for a prominent SPAC investor.