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Commercial
Litigation
The firm prosecutes and defends statutory and common law
business claims in state and federal court as well as before arbitration
tribunals. These cases usually
involve large sums of money and typically include one or more of the following
claims: breach of contract, fraud, fraud in the inducement, breach of fiduciary
duty, unjust enrichment, tortuous interference with business relationships
and/or contracts, and trademark infringement. The firm has been particularly successful at trial with
these cases by utilizing state of the art trial presentation technology. This technology is used in part to
present time lines on a large screen, use excerpts of deposition testimony for
impeachment of adverse witnesses and to further emphasize demonstrative
exhibits. These visual aids assist the fact finder in understanding the
evidence in order to reach a favorable decision.
Examples of the firm's
success in this regard came in the repeated defense of an international hotel
corporation and in litigation on behalf of an officer of a foreign bank who was
wrongfully terminated in violation of the Florida Statutes and her employment
contract:
- Robobar – Notably defended (obtaining a defense verdict at trial) a multi-million
dollar breach of contract and related civil tort claim brought by a
manufacturer of in-room bars against international hotel corporation. (Eleventh
Jud. Cir. Case No. 93-15059 CA 24)
- M Group – Successfully defended a
multi-million dollar claim (obtained a decision for the defense with an award
of attorney's fees
and costs in arbitration) brought pursuant to St. Lucian law by an entity against an
international hotel corporation involving a resort in the Caribbean. (American Arb. Assoc. No. 50 T 168
00186 00)
- Desaad – Obtained multi-million
dollar judgment following bench trial on wrongfully terminated former
Vice-President of Venezuelan bank’s claims of statutory indemnification
pursuant to the Florida Business Corporation Act and pursuant to her employment
contract. (Eleventh Jud. Cir. Case No. 01-13868-CA-11)
Our firm established at the civil trial that the Plaintiff was
entitled to indemnification pursuant to the Florida Business Corporation Act ('607.0850(3) and '607.0850(9)(a),
Fla. Stat.) based upon her acquittal on criminal money laundering charges, the
allegations of which arose out of her actions as a corporate officer of the
bank. Moreover, Plaintiff also received an award for damages due to the bank’s
breach of her employment contract. (Eleventh Jud. Cir. Case No. 01-13868-CA-11).
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