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Commercial Litigation

Business litigation is one of Meland Russin & Budwick’s core strengths. We have extensive experience representing businesses and individuals in virtually all aspects of this area and litigating cases in state and federal courts. We represent clients in matters related to breaches of contract, financial frauds, intellectual property, insurance, secured transactions, business torts and related matters.

Commercial Litigation Representative Matters
Representation of Isle of Dreams, the owner of real property in Miami, Florida, in contentious state court foreclosure proceedings against Sunbeam Realty and Sunbeam Television (owned by Edmund Ansin) which include significant counterclaims.
Represented multiple individual and corporate plaintiffs, including Berjaya Group (Cayman) Limited and Prime Gaming Philippines, Inc. in litigation against Duffy's Holdings, Inc. involving allegations of breaches of a stock purchase agreement regarding the multi-national restaurant chain of Roadhouse Grill, Inc.
Represented EMI Resorts, Inc. and 20 related company defendants through two appeals to the Eleventh Circuit in action alleging wire fraud, money laundering and other violations of RICO in an amount of $170 million.  Successfully defended the action through the ultimate dismissal of the action by the plaintiffs.
Representation of shareholders of close corporation in eight figure settlement of lender liability claims against consortium of financial institutions.
Represented a group of major clawback defendants in the Nevin Shapiro ponzi bankruptcy case who were sued for more than $50 million.  Obtained a very favorable ruling on a motion to dismiss which led to settlement of the case at less than 1.5% of the originally sought amount.
Represented 1040 Biscayne Associates, LLC, in connection with the acquisition, development, state and federal filings, and end unit closings of a $150 million mixed-use project known as Ten Museum Park Residential Condominium on Biscayne Bay, Miami, Florida. The representation included the modification of an $80 million construction loan, closing all of the sale of units to the general public and defense of law suits brought by the condominium association and individual unit owners.
Supra Telecommunications & Systems, Inc. - represented the largest CLEC in the Southeastern United States in its Chapter 11 Reorganization, litigating numerous contentious matters with Bellsouth and successfully reducing Bellsouth's claim from approximately $170 million to approximately $37.5 million and ultimately confirmed a plan.
Puig, Inc. - representation of the Official Joint Committee of Unsecured Creditors and then the Plan Administrator in connection with 26 debtor affiliates in the business of condominium conversions. The asserted unsecured claims exceeded $100 million.  Prosecuted claims against third parties include actions for avoidance of transfers, professional malpractice, usury, fraud and breach of fiduciary duty.
Vision Development Group, LLC - representation of the developer of a large condominium conversion project and its principal member in connection with litigation and a workout with  the senior secured lender, Corus Bank, and various mezzanine lenders.
Condominium Developer Workouts - during the downturn of the real estate and condominium market, representing numerous developers in workouts with senior secured and mezzanine lenders, including, Corus Bank, Fremont, Key Bank, Ocean Bank and Ritchie Capital.
New Florida Properties, Inc. (Blue and Green Diamond) - representation of the equity holder and its affiliates in connection with the 630 unit landmark Blue and Green Diamond condominium projects on Miami Beach.  Prosecuted tort claims against the senior secured participating lenders, including, Union Planters and Ocean Bank. MRB raised claims against the lenders for equitable subordination and lender liability resulting in the bank group waiving over $6 million in debt and agreeing to permit the equity holder to retain control over the disposition of the units.
Representation of BNY Mellon Bank, Metro Bank, Northern Trust Bank, Professional Bank, Intercontinental Bank and other lenders in numerous commercial loan transactions.
Representation of the Chapter 7 Trustee and Michael Budwick served as the receiver appointed by the United States District Court in a $19 million Ponzi scheme case perpetrated by Thomas Abrams. Brought a variety of litigation claims and reached a multi-million dollar settlement of an aiding and abetting claim against Fidelity Federal Bank & Trust, N.A.
Representation of bankruptcy trustee for two south florida based hedge funds that suffered $1.1 billion in losses in connection with the $3.5 billion Ponzi scheme perpetrated by Thomas J. Petters in Minneapolis, the third largest financial fraud in U.S. history.  Prosecuted over 140 adversary proceedings including claims for accountant and attorney malpractice and clawback of fraudulent transfers as well as a $1.1 billion conspiracy claim against one of the nation's largest financial institutions.  Representation of client as one of three members of the Petters Company, Inc. Official Committee of Unsecured Creditors in Minnesota.
Represented largest victim in Ponzi scheme perpetrated by Scott Rothstein and Rothstein Rosenfeldt & Adler, P.A. law firm in Fort Lauderdale.
Represented group of major clawback defendants in Lancer Partners financial fraud case.
Appointed Special Master by Miami-Dade County in connection with collection of county waste fee judgments.
Represented Hyperion Partners in connection with acquisition of loan encumbering the Onyx Condominium project, related litigation and bankruptcy to gain control of project, modification of condominium documents and end sale of balance of acquired condominium units.
Represented Turks & Caicos corporation defendant through appeal to the Eleventh Circuit in a dispute involving allegations of fraud and corruption.
Represented Marvel-Schebler Aircraft Carburetors as special litigation counsel in the bankrutpcy case of AVStar Fuel Systems, Inc. in dispute involving trademark violations.
Represented group of guarantors of a $19.6 million credit facility collateralized by real estate, and negotiated a settlement that included a discount payment to release the guarantors and a release of the lender's mortgage lien on the real estate at issue.
Representation of the principal of a large South Florida based company accused of breach of fiduciary duty and negligence by the company's creditors.
Representation of the assignee, pursuant to Chapter 727 of the Florida Statutes, of a company in the business of distributing recording devices throughout Central and South America.
Representation of Crown Linen, LLC in a trade secrets, FDUTPA, and tortious interference claim against its former sales director, who started a competing company. Obtained a jury verdict in Crown Linen's favor.
Representation of the owner of commercial property on International Drive in Orlando, Florida in a commercial foreclosure action. Obtained a favorable workout that allowed our client to keep the property.
Representation of the owner of a retail shopping center in Ft. Myers, Florida in a commercial foreclosure action that resulted in a favorable workout.
Representation of the owner of a retail shopping center in Pinecrest, Florida in a commercial foreclosure action. We negotiated a highly favorable settlement that allowed our client to keep the property.
Successfully defended various businessses against claims under the Fair Labor Standards Act.
Representation of Crown Linen, LLC in a dispute with Miami-Dade County over water and sewer services.
Representation of a noteholder in commercial foreclosure actions over multiple properties in Miami-Dade. Obtained foreclosure judgments.
Representation of a developer in a class action brought by unit owners in a downtown Miami high-rise condominium. Following dismissal of multiple counts, obtained a highly favorable settlement.
Representation the owner of commercial property in downtown Key West in multiple foreclosure actions and obtained a favorable workout that enabled the client to keep its properties.
Representation of numerous companies in disputes with former employees who breached noncompete and nonsolicitation obligations, including obtaining emergency and permantent injunctive relief.
Representation of the borrower under a commercial loan in an action against the lender for breaching the loan documents.
Representation of the defendant in $20 million fraud action in the Southern District of Florida stemming from a complex corporate transaction which took place in Eastern Europe.
Successfully reorganized a 147-unit condominium hotel in South Florida in a chapter 11 reorganization proceeding. Successfully negotiated with multiple levels of secured and unsecured creditors to obtain a highly favorable result.
Representation of Florida corporation for claims of fraud and breach of contract against several parties in connection with the sale of the assets of several businesses.
Representation of management company in connection with its unlawful termination.
Representation of Florida corporation to assist in winding down its affairs, dissolving the corporation, and settling all obligations with lending institutions, vendors and creditors.
Represented judgment creditor against insurance company, and successfully defeated the insurance company's claims that actions could not be brought against it as a result of the insured debtor's discharge in bankruptcy.
Representation of minority shareholders in derivative action related to corporation holding real estate investments with tens of millions of dollars in equity.
Represented bank against claims of usury brought by borrower in connection with various financing agreements.
Representation as local counsel to handle proceedings in the U.S. District Court in relation to letters rogatory issued by a Mexican federal court.
Represented guarantors and owners of commercial property in Broward County, Florida and negotiated a highly favorable settlement, including a discounted payoff, release of all liens, and release of the guarantors.
Represented the owner of commercial property in Palm Beach County, Florida in a commercial foreclosure action that resulted in a highly favorable settlement.
Representation of owner of commercial property in litigation against secured lender and special services in connection with a $27 million loan.