Partners

Brian Toth

Brian is an experienced litigator who represents both plaintiffs and defendants in federal and state courts and in arbitration. He practices in three main areas. The first is commercial litigation, with an emphasis on fraud, breach-of-contract and related claims arising out of business disputes, and intellectual-property infringement. Brian regularly represents European and Latin American businesses and persons in legal disputes in South Florida. Second, Brian litigates class actions. Last, Brian takes special pride in defending journalists and media companies against claims for defamation. Brian was part of a two-lawyer team in securing for the Miami Herald and an award-winning journalist an order granting a motion for summary judgment and an award of attorney’s fees under Florida’s SLAPP law, which protects exercising the right to free speech in connection with public issues.

Before co-founding the firm, Brian was a partner at both Gelber Schachter & Greenberg, P.A. and Holland & Knight LLP, where he gained extensive experience in all aspects of litigation at trial and on appeal. At the start of his career, Brian clerked for Judge Cecilia M. Altonaga of the U.S. District Court for the Southern District of Florida.

Brian is active in the legal community. He serves on the Ad Hoc Committee on Rules and Procedures for the U.S. District Court for the Southern District of Florida, served as Chair of the Eleventh Judicial Circuit Grievance Committee “L,” and serves on the University of Miami School of Law Alumni Association Board of Directors. He is also a member of various local bar associations.

In law school, Brian served as the executive editor on the University of Miami Law Review. He was also a member of the Society of Bar and Gavel and was elected to the Order of the Coif.

In addition to English, Brian speaks Portuguese and Spanish.

Before law school, Brian was a Teach for America corps member in New Orleans, Louisiana.

Education

University of Miami School of Law, J.D., magna cum laude
Tulane University, B.A.

Court Admissions

Florida Bar
U.S. Court of Appeals for the Eleventh Circuit
U.S. District Court for the Northern District of Florida
U.S. District Court for the Middle District of Florida
U.S. District Court for the Southern District of Florida

Freddy Funes

ffunes@tothfunes.com | (305) 717-7851

Freddy specializes in appeals and commercial litigation. He has briefed and won several cases before appellate courts, including the U.S. Court of Appeals for the Eleventh Circuit, the Florida Supreme Court, and the Florida district courts of appeal on a range of topics, including Florida’s Security of Communications Act and the Federal Arbitration Act. As a litigator, Freddy has won or settled his clients’ fraud cases for millions against the conmen who defrauded them. And, at both the trial and appellate level, Freddy has mastered a diverse set of statutory frameworks—the Florida Deceptive and Unfair Trade Practices Act and the Florida Business Corporation Act, to list a few.

Before co-founding the firm, Freddy was a partner at Gelber Schachter & Greenberg, P.A., where he worked on every aspect of state and federal cases, arbitrations, and state and federal appeals. Before that, he clerked for the Honorable Adalberto Jordan at the U.S. District Court for the Southern District of Florida and the U.S. Court of Appeals for the Eleventh Circuit and for the Honorable Stanley Marcus at the Eleventh Circuit.

Freddy graduated with the highest honors from the University of Miami School of Law, where he was also executive editor of the University of Miami Law Review. Freddy is a fluent Spanish speaker.

Education

University of Miami School of Law, J.D., summa cum laude
Massachusetts Institute of Technology, B.S.

Court Admissions

Florida Bar
U.S. Court of Appeals for the Eleventh Circuit
U.S. District Court for the Northern District of Florida
U.S. District Court for the Middle District of Florida
U.S. District Court for the Southern District of Florida