Representative Matters

Commercial Litigation, Class Actions, and Arbitration

  • In the Middle District of Florida, obtained a judgment confirming a final arbitration award for about $800,000 issued in the London Court of International Arbitration over a contractual dispute arising out of the nondelivery of pig iron. The petition may be accessed here.
  • Successfully obtained judgments for failure to pay promissory notes and personal guaranties, including, on behalf of a group of Argentine investors, a nearly $2 million judgment against a company and its owner and, on behalf of a Venezuelan investor, a seven-figure judgment against an individual.
  • In Florida state court, represent a partnership against an individual for millions of dollars in damages arising out of a breach of a promissory note and personal guaranty.
  • In bankruptcy court, represent an employer seeking a judgment against a former employee that certain obligations owed by that former employee—namely, a noncompete agreement and a claim for damages arising out of actual fraud—are non-dischargeable.
  • Successfully represented both landlords and tenants in nonresidential actions for eviction. After an evidentiary hearing, obtained a rare denial of a motion by a landlord to require its tenant, a popular Italian restaurant, to pay rent into the court registry during the pendency of the action for eviction. The response may be accessed here.
  • In Florida federal and state courts, defended companies across various industries against putative class actions alleging that they violated consumer-protection laws, including the Fair Debt Collection Practices Act, the Telephone Consumer Protection Act, and the Florida Telephone Solicitation Act.
  • In arbitration, represent an award-winning hair salon against former employees for enforcement of noncompetition agreements.

Appeals

  • In the Florida Third District Court of Appeal, successfully obtained the affirmance of the dismissal of a defamation action brought against a Spanish-language media company by a doctor for allegedly libelous statements made in television broadcasts about the business and regulation of stem-cell treatment in the Dominican Republic. The answer brief may be accessed here.
  • In the Eleventh Circuit, represented a Spanish-language media company in an appeal on its copyright and breach-of-contract claims against another media company. The initial brief may be accessed here.
  • Freddy was appointed as amicus curiae by the Eleventh Circuit to defend the constitutionality of a sentencing statute. The amicus curiae brief may be accessed here.

Media Law

  • In the Southern District of Florida, obtained an order of dismissal of an action filed by two lawyers who sued for defamation arising out of alleged libelous statements published in an article in the Daily Journal about the potential for misappropriation of trade secrets whenever an employee is fired. The motion to dismiss may be accessed here.
  • In Florida state court, obtained the dismissal of a defamation action against the Daily Mail filed by a Miami Beach resident based on statements that the resident engaged in “racist” behavior published in articles about a dispute between the resident and a would-be short-term renter of her condo. The motion to dismiss may be accessed here.
  • Obtained full relief from an order requiring the Daily Mail to remove online articles about a domestic-violence dispute that went viral on social media and broadly publicized in the media.

Local Counsel

  • In Florida state court, served as local counsel for Amazon Web Services (AWS) in defending an action alleging that AWS tortiously interfered with a plaintiff’s business relationship with a social-media application after AWS suspended its public-facing use of AWS services.
  • In the Southern District of Florida, served as local counsel for Microsoft Corporation in bringing an action for copyright and trademark infringement against a distributor of black-market access devices that the distributor unlawfully advertised to consumers as genuine software. Successfully obtained a temporary restraining order that froze the defendant’s assets.
  • Served as local counsel for a national mortgage company in successfully obtaining a decision by the Eleventh Circuit reversing an order denying a motion to compel arbitration.
  • In the Southern District of Florida, served as local counsel for a Norwegian salmon supplier in defense of putative class actions alleging anticompetitive practices in violation of the Sherman Antitrust Act designed to increase the price of Norwegian salmon.
  • In the Southern District of Florida, served as local counsel for a leading cannabis company and a private equity firm in defense of an action alleging a scheme to fraudulently remove the assets of a company for no consideration, leaving the company’s creditors’ debts unpaid and its shareholders’ investments worthless.
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