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  • Business Law, Intellectual Property
  • Florida
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Practice Areas
  • Business Law
  • Intellectual Property
Jurisdictions Admitted to Practice
Florida
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Professional Experience
Partner
Current
Current
United States of America v. Texas Data Control, et al.Defended, as lead trial counsel, a joint venture consisting of several multinational data processors, including Computer Sciences Corporation in False Claims Act litigation brought by the Civil Division of the United States Attorney's Office for the Northern District of Texas, the Department of Justice and the FDIC. Following a 3-1/2 week jury trial ending in October, 1998, defendants were found not liable for the government's $30 million claim, and were also awarded a $7 million verdict on their counterclaim for breach of contract against the FDIC. The FDIC subsequently settled the defendants' claims for attorney's fees, costs and interest for an additional $8 million, all of which was paid in February, 1999. Michael Zelman et al. v. Nissan Motor Acceptance CorporationDefended automobile leasing and captive financing corporation in national class action lawsuit involving claims for violations of state and federal antitrust laws and alleged Federal Consumer Leasing Act disclosure violations. Plaintiffs' antitrust claims were based on a purported tying arrangement between the captive financing company and its network of national dealers relating to the fee charged to end users to exercise the lease-end purchase option contained in its standard form contract. The case was settled for a nominal amount after the successful decertification of the class. Soares Da Costa Contractor, Inc. v. Edel International Developers Ltd.Represented developer of two $40 million luxury apartment buildings in significant contract litigation with the construction constructor and the bank financing the project. After extensive litigation, including four emergency pre-trial evidentiary hearings, ultimately negotiated a resolution that led to the successful completion of the project. BMW of North America, Inc. v. Au-Tomotive Gold, Inc.Represented BMW in a trademark infringement action against a manufacturer and distributor of unauthorized vanity license plates that incorporated the BMW logo. The defendant filed counterclaims alleging unfair trade practices and had obtained a favorable ruling on summary judgment under the “first sale doctrine” when we were retained. On appeal, we successfully overturned that result, and following the reversal on appeal, the case was successfully settled. The Cobo Company, Inc. v. L.G. Defelice, Inc. v. Metropolitan DadeRepresented defendant/cross-plaintiff L.G. Defelice, Inc., a contractor involved in the construction of three stations along the Metrorail mass transit line in Dade County, and also involved in the construction of a segment of the elevated rail. Our client claimed Metropolitan Dade County had breached its agreement to pay for additional work done under previously agreed upon change orders. These change orders were also related to the breach of contract claims filed against our client by the plaintiff, the electrical contractor for one of the stations. Following a twelve-day jury trial, the jury entered a verdict in favor of our client with respect to the claims of the electrical contractor, and also awarded our client damages in the amount of $1.8 million against Metropolitan Dade County. Arvida Corporation v. Metric Construction, Inc.Successful prosecution of construction defects and delay claims involving the Boca Raton Hotel & Beach Club. Following a 16-day jury trial, the jury entered a verdict in favor of Arvida, awarding damages in the amount of $5.2 million. Robex v. IDG Development CorporationRepresented defendant IDG against claims of breach of contract and securities fraud in connection with plaintiff’s purchase of stock in a company allegedly promoted by IDG. The plaintiff alleged that representatives of IDG made material misstatements in connection with the sale of stock in a “blind pool” offering which was supposed to take possession of certain assets and service contracts held by IDG. Following four days of jury trial the Court granted IDG’s motion for a mistrial, and the parties subsequently settled. Florida Software Services, Inc. v. Fiserv, Inc.This case was tried before the Eastern District of Pennsylvania, who sat by designation in the Tampa Division of the Middle District of Florida. Plaintiff’s motion for preliminary injunction resulted in a one-day evidentiary hearing . That motion was denied. The three-day jury trial involved claims for breach of software licenses, misappropriation of trade secrets, unfair trade practices, conversion and unjust enrichment. The Eastern District of Pennsylvania entered a directed verdict in favor Fiserv, Inc., with of the defendants with respect to the conversion, unjust enrichment, and misappropriation of trade secret claims and allowed the breach of contract claim to go to the jury, which ultimately entered a verdict in favor of Fiserv, Inc. Securities Exchange Commission v. Peat Marwick, et al.Successfully defended attempted third-party intervention in SEC enforcement proceeding. Janeway, et al. v. Arthur Andersen, et al.Successfully defended accountant in malpractice action based on statute of limitations. Florida Software Services v. Citicorp Information Resources, Inc.Represented the defendant Citicorp Information Resources, Inc., a wholly owned subsidiary of Citicorp, against claims of misappropriation of trade secrets and breach of software license agreements. After a five-day jury trial, the jury entered a verdict in favor of our client with respect to the plaintiff’s breach of contract and misappropriation claims. Edward G. Kelly v. B-A Management Services, Inc.Represented the defendant, B-A Management Services, Inc., formerly known as Batch Air Inc., a closely held corporation in a case involving claims for breach of contract, defamation and misappropriation of trade secrets. The plaintiff claimed a purchase and sale agreement required that he be retained as the chief operating officer of Batch Air for five years, and that the defendant, B-A Management Services, Inc., had breached this agreement. The plaintiff alleged that this initial breach also resulted in the misappropriation of trade secrets. Following an eight day trial, the Court granted summary judgment on the defamation claim just prior to the start of the trial the jury entered a verdict in favor our client with respect to the plaintiff’s claims and in favor of our client with respect to its counterclaim for trade libel. The Burger King Corporation v. Robert P. Ross, et al.Represented the defendant franchisees/owners of five Burger King restaurants located in Northern Illinois and Northern Indiana in suit involving claims of breach of contract, breach of security agreements, breach of franchise agreements, and breach of leases. Our client also raised counterclaims alleging breaches of contract and unfair trade practices. The plaintiff initially sought a pretrial injunction to close the restaurants based on 1-1/2 days of testimony from seven witnesses. The preliminary injunction was denied by the Court. After a four-day trial, the jury entered a verdict in favor of our clients, concluding that our clients’ decision to stop making payments otherwise required under the contracts was justified as a result of Burger King’s cannibalization of the market by other company-owned and franchised restaurants. United States of America v. AMR Corporation, American Airlines, Inc., and AMR Eagle Holding CorporationSuccessfully represented American Airlines as a member of a firm-wide defense team in an antitrust action brought by the Department of Justice. The government alleged that American Airlines engaged in predatory pricing as a means of driving new entrant airlines out of American's "hub" at Dallas/Fort Worth International Airport in violation of Section 2 of the Sherman Antitrust Act. The U.S. Court of Appeals for the Tenth Circuit recently upheld the District Court’s order granting summary judgment in favor of American Airlines. Dennis J. Messina et al. v. Capitol Records, Inc. d/b/a EMI Music Distribution, et al.Represented EMI Music Distribution Corp. as a member of a firm-wide defense team in an antitrust class action filed by purchasers of compact discs in Florida. Plaintiffs alleged that our client, in conjunction with four (4) other major compact disc recording manufacturers, engaged in antitrust violations and unfair trade practices as a means of driving up prices of compact discs in Florida, in violation of Florida's Antitrust Act and Florida's Unfair and Deceptive Trade Practices Act. Successfully settled this case and two similar class actions based on the same statutory provisions pending in the Circuit Court of Palm Beach County and in the District Court for the Middle District of Florida. Gridiron.Com, Inc. v. National Football League Player's Association, Inc. et al.This case involved the defense and prosecution of a counterclaim for our client, the National Football League Players Association, Inc., against Gridiron.Com. We prevailed on a motion for summary judgment and the NFLPA was granted an injunction based on the trial court’s ruling that Gridiron.Com had infringed on its exclusive "group licensing rights" for the use of NFL players' images.
Current
Felts v. World Omni Financial CorporationSuccessfully defended auto lending company in class action litigation in which plaintiffs claimed that defendant’s leases contained unreasonable and undisclosed early termination charges, and that defendant was responsible for auto dealers’ negligent and fraudulent misrepresentations and omissions relating to the existence and disclosure of such charges. Powell v. Allstate Insurance Co.Successfully represented amicus curiae A.C.L.U. in case that decided whether racially bigoted remarks during jury deliberations are grounds for new trial or inhere in the jury’s verdict. Production Supply Co. v. General Aerospace Inc.Defended suit alleging breaches of franchise agreement and non-compete agreement. Defeated claim for temporary injunction. Globe/Landbank v. Insurance Exchange of the AmericasDefended breach of contract and breach of fiduciary duty claims in multidistrict class action suit involving joint underwriters and reinsurers. Centrone v. Miami Herald Publishing Company, et al.Successful defense of major libel suit brought by neurosurgeons. Bank of America International v. Compania Anomnia SimantabSuccessfully argued to the trial court and to the State Appellate Court that a “single act” by a Venezuelan corporation could constitute “doing business” in Florida. GE Capital Aviation Services, Inc. v. Varig, S.A.Successfully represented GECAS, one the world’s largest lessors of commercial aircraft in connection with claims of breach of contract relating to the lease of aircraft. Several aircraft were successfully replevied. Hollywood Entertainment Corporation v. Hollywood Online, Inc., Big Entertainment, Inc., et al.Successfully defended the claims brought against Hollywood Online and Big Entertainment based on their alleged misuse of Hollywood Video’s logos and trademark.
Education
Columbia University
J.D.
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Florida State University
B.A.
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Professional Associations
Florida State Bar # 265144
Member
- Current
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Speaking Engagements
Ethical Decision Making (Florida, January 08, 2004)
Information Technology Litigation 2002: Representing Your Client Software Performance & System Failure Claims, "Tort Theories of Liability of Consultants and Contractors. Sponsored by PLI. (New York, NY, May 23, 2002)
International Arbitration Symposium, "International Arbitration Across Three Continents." Sponsored by Weil, Gotshal & Manges, Rajah & Tann, and Derains & Associes. (New York, NY, June 13, 2001)
International Arbitration Across Three Continents (New York, June 13, 2001) International Arbitration Symposium, sponsored by Weil, Gotshal & Manges, Rajah & Tann, and Derains & Associates.
Websites & Blogs
Website
Website
Contact & Map
Espírito Santo Plaza
1395 Brickell Avenue
#1200
Miami, FL 33131
USA
Telephone: (305) 577-3177
Fax: (305) 374-7159