Commercial Litigation

• Represented South Pacific national airline regarding commercial jet airline engine lease contract return conditions after lessor drew down 3.5 million line of credit. Successful result with client receiving return of drawn line of credit and legal fees.  Reported decision in Air Caledonie Intern. v. AAR Parts Trading, Inc., 315 F.Supp.2d 1319 (S. D. FLA 2004).
• Represented foreign public construction company and local subsidiary in action brought by foreign government alleging civil RICO in bidding process for $100 million public works project. Successful resolution of matter without trial.
• Represented design firm in suit against former bookkeeper and accomplices for embezzlement and diversion of $5 million.  Prejudgment remedies used to recover luxury automobiles, bank accounts, brokerage accounts, designer personal goods, and other assets.
• Represented national clothing distributor in breach of contract dispute with offshore manufacturer. Prevailed on summary judgment, securing judgment, interest and fees, of nearly $1 million.
• Represented seller of business against subsidiary of large public insurance company, who failed to pay earn-out due after sale. Case tried in five-day arbitration to successful multi-million dollar award to seller.
• Represented commercial aircraft engine owner in suit against repair facility for damage to engine. Successful result with pre-suit settlement for full damages of approximately $1 million.
• Represented various companies in defense of Federal Trade Commission enforcement actions.
• Represented national brokerage firm in connection with numerous suits against departing brokers to enforce restrictive covenants and protect trade secrets.
• Represented numerous claimants seeking to recover assets – including cash, aircraft and vessels – in civil forfeiture cases.
• Represented Spanish national in suit against former partner in investment firm. Prevailed in jury trial with verdict of $500,000+.
• Served as general litigation counsel to commercial cargo airline. Successfully resolved, through court proceedings and outside of court, a broad range of disputes with vendors, service providers and customers.
• Represented entity and celebrity golfer in licensing dispute over four-year deal for signed golf photos and memorabilia. Successfully defended punitive damages claim. 
• Represented European luxury yacht manufacturer in defense of suits brought throughout U.S. in connection with actions of prior dealer and possible dealer fraud. Successful settlements in multiple jurisdictions.
• Represented software company in collection from timeshare real estate industry customers. 
• Represented shipping company in forfeiture actions brought by federal government concerning cash paid for shipping services by South American customers.
• Represented Panamanian real estate developer in defense of fraud allegations brought by buyers. Successful result with case dismissed in favor of Panama court. Reported decision in Cantley v. Ducharme, 2011 WL 611623 (S.D. Fla. Feb. 15, 2011).
• Represented mulch manufacturer in commercial dispute with tree grower involving antitrust allegations. Successful resolution through settlement.
• Represented real estate developer in defense of multiple disputes over preconstruction deposits on an 80-unit, three story luxury townhome development. Successful resolution through trial or settlement of several suits.
• Represented partner in partnership dispute over clothing distribution business.
• Represented Japanese bank in suit over 2 golf courses purchased with part of $100 million loan proceeds; pre-judgment attachment of one golf course and garnishment of sale proceeds of second golf course, along with aggressive allegations of fraudulent transfer, led to successful collection effort.   Reported decision in Sanwa Bank v. Kato, 734 So.2d 557 (Fla. 5th DCA 1999) (state court, Orange County).

Commercial and Consumer Foreclosure

• Sued for foreclosure of office building and appointment of receiver.  Action pending; negotiations regarding environmental issue and deed in lieu. (Multiple actions).
• Contested Chapter 11 bankruptcy of single owner, contiguous office buildings, seeking to cram down long-term payment terms, with 3% interest rate, on secured creditor.  Successful result, after contest, with dismissal of bankruptcy, infusion of capital, and modification of mortgage loan.
• Sued for foreclosure of office building and appointment of receiver. Defendants asserted tortuous interference with potential sale, with sale lost.  Successful result with foreclosure sale, assignment of credit bid rights, and appointment of receiver.
• Sued for foreclosure on office building and appointment of receiver.  Successful result with lender taking title and retaining building.
• Sued on behalf of property investor group for foreclosure and appointment of receiver.  Successful result with lender taking title, and recovering substantial deficiency in a contested trial.
• Represented investment property owner in negotiation of modification with regional lender. Successful negotiation with dismissal of foreclosure.
• Sued for foreclosure of a 26-building apartment complex damaged by Hurricane Wilma and appointment of a receiver.  Successful result with institutional investor contracting for an option period, construction and purchase within six months of foreclosure sale.
• Represented of principals of owner in connection with claims raised in bankruptcy of SPE condominium development project; sale of 40 remaining units at bankruptcy auction; channeling injunctions and new value.
• Represented, pro bono, homeowners in connection with mortgage foreclosure actions on their residence; mediation and restructure of mortgage or sale process.
• Represented of lender in connection with sale of second mortgage debt, after Chapter 13 bankruptcy of individual owners.
• Represented of lender in connection with disputed commercial foreclosures and deficiency actions: undeveloped, intracoastal property; undeveloped acre in Arcadia; improved commercial apartment complex.

Banking

• More than 115+ Equipment Finance Lease Cases state-wide – Our lawyers brought 115 plus cases for equipment finance lender to enforce lease contracts and guarantees state-wide.  Cases resulted in judgment, work-out or other payment plan. Proceedings supplementary actions brought to collection judgment debt in multiple cases. Reported decision inK.E.L. Title Ins. Agency, Inc. v. CIT Technology Financing Services, Inc., 58 So.3d 369 (Fla. 5^th DCA 2011).
• Sued to collect $12+ million debt on master finance equipment leases against a public company lessee. Lessee contested, raising lender liability, usury, unconscionability, and civil RICO defenses. Successful result through multi-day mediation, with lender receiving substantial cash, 2.5 million shares of common stock (subject to a registration rights agreement), and return of equipment.
• Sued against individual and entity guarantors on termed asset-based credit facility.  Negotiated forbearance agreements, with extensions and milestones. Successful result after suit and mediation.
• Represented lessor onmaster equipment lease, concerning 117 lease schedules, regarding split up and sale of the business, and assumption and assignment of lease obligations.
• Prosecuted numerous loan and collateral enforcement cases. Suit for enforcement of credit facilities, guarantees and for replevin of collateral. Collateral types construction equipment, high-tech equipment, gold, inventory and other tangible and intangible assets.
• Handled numerous debt enforcement cases. Suits for enforcement of debt obligations based on promissory note, line of credit, invoices, other contracts, or sales of goods against original obligor, guarantors, and successor transferees or entities.
• Represented lenders in numerous bankruptcy/insolvency cases. Enforcement of lenders’ rights in bankruptcy or Florida state law assignment for benefit of creditor proceedings. Cases range from representation of lead secured creditor, to other creditor positions and lien priority disputes, to unsecured creditors, or strategic vendor.

Real Estate

• Represented landlord in negotiation of lease for downtown executive office and banking lobby space with publicly traded bank.
• Represented subsidiary of publicly traded corporation in negotiation of lease for executive office space and back room operations with publicly traded landlord.
• Represented subsidiary of publicly traded corporation in negotiation of sublease for executive office space and back room operations with subtenant.
• Represented grocer in negotiation of sublease for 40,000 square foot retail space with publicly traded tenant.
• Represented publicly traded corporation in negotiation of commercial lease for 175,000 square foot industrial warehouse space.
• Represented purchasers and sellers in various transactions involving the acquisition or sale of industrial real estate.
• Represented landlord in negotiation of lease for downtown executive office and banking lobby space with publicly-traded bank.
• Represented subsidiary of publicly-traded corporation in negotiation of lease for executive office space and back-room operations with publicly-traded landlord.
• Represented subsidiary of publicly-traded corporation in negotiation of sublease for executive office space and back-room operations with subtenant.
• Represented receive appointed to preside over dozens of shopping centers subject to familial dispute, successfully negotiating sale of all real estate.

Real Estate Financing

• Negotiated, documented, and closed the sale of commercial office ($1.5MM) and the subsequent purchase ($2.7MM) of another, each part of a 1031 tax-free exchange.  The transaction included financing of $2 million.
• Negotiated on behalf of buyer/debtor $5.5 million purchase of commercial real estate and related financing with national bank, including acquisition financing and a revolving credit facility of $4.5 million for refinancing of existing debt and working capital needs.
• Negotiated on behalf of debtor in food industry $12 million credit package for plant expansion and working capital needs, including $6 million Miami-Dade County Industrial Development Authority Industrial Revenue Bond Issue and $6 million stand-by letter of credit for support of Industrial Revenue Bonds and $6 million revolving credit facility with national bank.
• Negotiated on behalf of debtor $6 million credit package for plant acquisition and renovation, including $6 million Miami-Dade County Industrial Development Authority Industrial Revenue Bond Issue and $6 million stand-by letter of credit for support of Industrial Revenue Bonds with Suntrust.
• Negotiated on behalf of lender in workout of $6 million financing secured by commercial real estate in Miami-Dade County. 

Asset Based Financing

• Represented lender in $13 million credit relationship with borrower secured with fine art and personal guaranty.
• Represented administrative and collateral agent in global work-out and restructure of syndicated $89+ million credit facility for B tranche, with senior debt and subordinated debt holders and guarantors. Scope included rewriting of financial covenants, multiple forbearances, restructure of credit facility, with restructured financial covenants and excess cash flow payment terms, and new notes, including PIK notes.
• Represented asset-based lender in closing $7.5 million revolving credit facility to a public company, conditioned upon further private investment with simultaneous closings.  
• Represented asset-based lender in closing $10.0MM revolving credit facility, with additional mortgages on real estate located in Florida and elsewhere.
• Represented asset-based lender in closing $5.25 million revolving credit facility, with term loans secured by a mortgage on warehouse property and liens on rolling stock and other equipment.
• Represented global bank for platform guaranty programs for bank’s financing of product sales to customers, and review of underlying loan documentation for transactions.

Mergers and Acquisitions and Contracts

• Represented family-owned grocer in acquisition of Florida assets owned by national chain.
• Represented buyer in asset acquisition of  Miami/New York textile company, including compensation agreements.
• Represented vendor in 5-year exclusive buying contract with national change with 8000+ locations.
• Represented family-owned grocer in acquisition of assets owned by independent grocer.
• Represented seller of assets in software company in post-closing litigation with buyer alleging fraud in the inducement and breach of contract.
• Represented seller of assets in software support company in transaction with multi-national software company.

Vessel Financing

• Represented bank in a $310,000 loan to a Florida corporation and a U.S. citizen, for the purpose of purchasing USCG registered 39-foot fishing boat, secured by a ship’s mortgage on and security interest on vessel, insurance, use and proceeds from vessel.
• Represented bank in a $1.1 million loan to a British Virgin Islands company and a foreign national, for purchasing a BVI registered 67-foot yacht, secured by a ship’s mortgage on and security interest on vessel, insurance, use and proceeds from vessel.

Other Financing Transactions

• Represented bank in a $4 million revolving line of credit to four Florida corporations, the proceeds of which were used for working capital purposes and issuance of letters of credit, secured by guarantees from affiliated corporations and individuals and by a pledge from each borrower of all of its assets.
• Represented bank in a $6 million revolving line of credit to a Delaware limited liability company, secured by a pledge from the borrower of all of its assets, including an assignment of a deposit account with the lending bank.
• Represented bank in a $25 million loan to a Delaware limited liability limited partnership, the proceeds of which were used to help acquire Florida tax lien certificates worth an aggregate of $50 million secured by a pledge from the parent company of its interest in borrower and by a pledge from borrower of all the Florida tax lien certificates acquired.
• Represented borrower in connection with an $11 million loan from Caterpillar Financial Services Corporation, the proceeds of which were used to acquire certain Caterpillar equipment, secured by guarantees from affiliated corporation and individuals and by a pledge from borrower of all of the Caterpillar equipment acquired.
• Represented bank in an $8 million revolving line of credit to a Florida corporation, the proceeds of which were used for working capital purposes and issuance of letters of credit, secured by a pledge from the borrower of all of its assets.
• Represented bank in a $2.2 million revolving floor-plan credit facility to a Florida corporation (an automobile dealership), secured by guarantees from its individual owner and by a pledge from borrower of all of its assets, and also secured by a repurchase agreement from the automobile manufacturer.

Consumer Cases

• Represented mortgage servicer as advisors in class action defense brought by customers.
• Successfully represented homeowner in mortgage fraud case, where bogus consumer restructure company induced owner to transfer property into trust, named after homeowner, but owned and controlled by supposed restructure company.
• Successfully represented owner of trailer park against claims brought by 150-plus residents, who brought a variety of tort claims seeking unliquidated damages. Case resolved in early mediation.

Ex-Im Bank Financing

• Represented bank in a $1.7 million loan to a Florida corporation, secured by guarantees from affiliated corporation and individual and by a pledge from borrower of all of its assets, and also guaranteed by the Export-Import Bank of the United States under its Working Capital Guaranty Program.
• Represented bank in a $2.4 million loan to a Florida corporation, secured by guarantees from its two individual owners and by a pledge from borrower of all of its assets, and also guaranteed by the Export-Import Bank of the United States under its Working Capital Guaranty Program.
• Represented bank in a $650,000 loan to a Bolivia company, insured by the Export-Import Bank of the United States under its Financial Institution Buyer Credit Export Insurance Program.
• Represented bank in a $250,000 loan to a Dominican Republic company, insured by the Export-Import Bank of the United States under its Financial Institution Buyer Credit Export Insurance Program.
• Represented bank in a $2 million loan to a Honduras company, insured by the Export-Import Bank of the United States under its Financial Institution Buyer Credit Export Insurance Program.