Javier A. Lopez

Javier Lopez is a partner, and co-chair of complex and commercial litigation. He served as Managing Partner of the firm throughout 2020 and 2021. Javier has particular expertise in both U.S. federal and state courts. He has represented many high-profile corporations and individuals in contract and business disputes, commercial transactions, and intellectual property matters. He has handled trials and appeals on both the state and federal levels. His recent verdict in a “bet the company” litigation that resulted in a six week jury trial ended with one of the top ten largest jury verdicts in the State of Florida and one of the top 100 verdicts in the United States which was for almost $37 million.

Javier handles some of the firm’s largest and most complex litigation matters. He has particular expertise in filing and defending claims involving businesses, financial institutions, accounting firms, individuals and others for participation in fraudulent schemes, breaches of contract, breach of fiduciary duties, defamation, intentional infliction of emotional distress, individual and class actions involving deception and false advertising, and representing individuals and large companies in contract and shareholder disputes. Javier frequently serves as an attorneys fee expert as he is certified by the National Association of Legal Fee Analysis (thenalfa.org). He has a passion for civil rights and is frequently appointed by courts to represent the interests of the less fortunate against government entities and law enforcement.

Javier is also humbled to have been appointed as Co-Lead Counsel to the Economic Loss and Property Damage Track in the Champlain Towers South Collapse Litigation, in Miami-Dade County state court before the Honorable Michael Hanzman. This complex litigation, in the aftermath of the devastating Champlain Towers collapse tragedy claiming 98 souls and 136 property units, has been one of the most important and impactful cases of Javier’s career and garnered worldwide importance. The resolution of this matter with over $1.3 billion going to the victims was one of the highest settlements in the country in 2022.

Chambers USA has ranked Javier since 2021 for Litigation: General Commercial and described him as “a highly effective oral advocate” and “an experienced litigator who leads an excellent team.” As featured in The Miami Herald, he was selected by peers as one of South Florida’s 2024 Top Lawyers. Florida Super Lawyers magazine named him a “Rising Star” from 2010-2020, and as a “Super Lawyer” from 2022 forward. He was recognized as a “Rising Star” by the Daily Business Review and a “Top 40 Under 40” by the Cystic Fibrosis Foundation. He was elected to the Cuban American Bar Association’s Board of Directors in 2009, and served as its President in 2017. Javier was honored as a Golden Angel for his support of the Jackson Memorial Foundation through JUNTOS, the philanthropic foundation he co-founded. Since 2005, he has been a member of the Harvard Alumni Association’s Interviewing Committee. He is also a Miami Art Studio (MAS) advisory Board Member.

Prior to joining Kozyak Tropin & Throckmorton, Javier was a legal clerk in the White House Counsel’s Office where he was very involved in the vetting process for the replacement of then Chief Justice William Renquist. Javier also worked at the United States House of Representatives as part of the legal review team for new policy and legislation.

RESULTS

Complex Litigation

Javier successfully represented a real estate developer against a manufactured gas plant operator in a complicated environmental contamination case with damages estimated at over $140 million. The parties reached an amicable settlement after a five week bench trial. Javier also successfully represented a major sugar company defeating claims brought by 1700 individual sugar cane cutters that were former employees. He had to live in Jamaica for eight months where he took over 450 depositions during that span.

Javier recently obtained a favorable monetary settlement for a client who was victimized by law enforcement and was critical in major compliance changes within the municipality’s police training on excessive force and police brutality.

Javier recently tried to verdict a jury trial in where he successfully pierced the corporate veil to hold a shareholder liable, winning a US $15 million jury verdict for a Venezuelan businessman. The verdict, which also involved fraudulent transfer of assets issues, was affirmed by the Third District Court of Appeal in Quercia, et al. v. Curbelo, et al., Case Nos. 3D15-2392 and 3D16-1181 (Fla. 3d DCA Nov. 29, 2017).

Javier was appointed as Co-Lead counsel in the tragic Champlain Tower collapse class action. In just one year, the victims entered into a $1.3 billion settlement with over 30 targets including real estate developers, security companies, law firms and a host of others.

Javier successfully tried a three week Federal jury trial involving a major music festival and its international franchisee out of Croatia. The case involved trademark infringement issues along with breaches of contract, partnership disputes, and co-mingling of assets.

Javier successfully tried a six week jury trial case involving an entire private Bahamian island. The case included claims for defamation, breach of contract, conspiracy to breach the contract, breach of fiduciary duties, unjust enrichment, and conspiracy to commit nuisance. This trial resulted in a $37 million jury verdict, the largest tort verdict in the State of Florida that year and one of the top 100 jury verdicts in the nation for that year.

Javier has represented several internationally known recording artists with a variety a legal issues ranging from copyright infringement to breach of a royalty contract. His ability to be fluent in Spanish gives his clients a level of comfort when discussing their personal matters.

Javier also served as a mediator for the 800 MHz Transition Administrator in connection with the movement of a major telecom to new frequency bands to eliminate interference to public safety and other licensees, the largest such realignment of radio spectrum in the history of the FCC.

SPEAKING ENGAGEMENTS

Ascencion Seminar: Avoiding Getting to Burnout – Addressing Attorney Anxiety and Overwhelm , 3/29/2023.
FIU College of Law: Mindfulness and the Law, 2/15/2023.
LMASE Virtual Managing Partner Roundtable, 9/28/2022.
Bench & Bar Panel on Mental Health & Mindfulness, 2/18/2022 (Hyatt Regency Downtown Miami).
University of Miami Zoom Webinar: More than Feeling Good: How Mental Health and Well-Being Will Help You Succeed on Exams and In Life, 10/13/2020.
Webinar: Ethics and Professionalism for Local Government Attorneys, 8/20/2020.
ILS Global Forum on International Law, February 2020

PUBLICATIONS

Co-Author, To Close or Not to Close … and How to Make It Hurt if Your Buyer Walks, Daily Business Review (7/05/2017)
Co-Author, Bilingual Trials, The Corporate Counselor, Law Journal Newsletter (Volume 31, Number 5, August 2016)
Co-Author, Most Valuable Tool: The Art of the Mock Trial, Daily Business Review (1/20/2016)

RECOGNITIONS

Chambers USA, ranked yearly since 2021 for Litigation: General Commercial
Best Lawyers, recognized yearly since 2016
Super Lawyers, recognized yearly since 2010
South Florida Legal Guide, Top up And Comers, The Next Generation of Leaders , January 2018
Florida Trend’s Florida Legal Elite, 2014 & 2020
American Registry, Florida’s Outstanding Young Lawyers, Business Litigation, 2011 & 2012
The Florida Bar Young Lawyers Division, 2017 Diversity Award
Top Up and Comers, The Next Generation of Leaders (South Florida Legal Guide, January 2018)
“Top 40 Under 40” by the Cystic Fibrosis Foundation
Honored as a Golden Angel for his support of the Jackson Memorial Foundation through JUNTOS

PERSONAL STATEMENT

I became a lawyer because my parents came from a country where there was no rule of law. My great uncle was the longest held political prisoner in the world (sentenced to 30 years after a 30 minute trial). Being able to practice law in a society that respects law and the rule of law and help those through that process has been one of the biggest blessings of my life.

Honors

Chambers USA, ranked yearly since 2021 for Litigation: General Commercial
Best Lawyers, recognized yearly since 2016
Super Lawyers, recognized yearly since 2010
South Florida Legal Guide, Top up And Comers, The Next Generation of Leaders , January 2018
Florida Trend’s Florida Legal Elite, 2014 & 2020
American Registry, Florida’s Outstanding Young Lawyers, Business Litigation, 2011 & 2012
The Florida Bar Young Lawyers Division, 2017 Diversity Award
Top Up and Comers, The Next Generation of Leaders (South Florida Legal Guide, January 2018)
“Top 40 Under 40” by the Cystic Fibrosis Foundation
Honored as a Golden Angel for his support of the Jackson Memorial Foundation through JUNTOS

What's trending with Javier

In the News Publications Speaking Engagements Firm News Case Studies

"What Vera Cadillac, its counsel, and the defendants did to this young couple is one of the grossest disregards of the law and ethics I have come across in 17 years of practice," said Javier Lopez, a partner at Kozyak Tropin & Throckmorton.

Modern Luxury Miami magazine features Javier Lopez in its October 2022 edition.

The defendants in the litigation included some of the most prominent business people in South Florida who own property on an exclusive Caribbean island.

The families of victims and survivors of the Champlain Towers South condo collapse, which killed 98 people, are set to receive a nearly $1 billion settlement.

Attorneys representing the victims of the Champlain Towers South condominium collapse in Surfside, Florida, announced Wednesday that they had secured $997 million in proposed settlements, ending the consolidated claims against all but one defendant.

After the Tampa Bay Buccaneers agreed to a nearly $20 million class action settlement, opposing counsel moved for a seven-figure attorney fees award in a federal court in Tampa—a move that an outside expert praised.

A Florida appellate court ruled that a trial judge erred in denying Miami-Dade College’s motion to dismiss based on sovereign immunity, a doctrine that generally protects government entities from lawsuits.

A Florida appeals court on Wednesday shot down a proposed class suit against Miami Dade College seeking prorated refunds for student fees following 2020 campus closures prompted by the COVID-19 pandemic after finding that the college is entitled to sovereign immunity.

Most attorneys avoid any appearance of weakness at all costs, but Javier Lopez was brave enough to share his battle with the coronavirus that continues to this day.

Higher education isn’t a stranger to scandals and controversies, and 2021 was no exception. While some scandals from previous years approached their inevitable conclusions, the COVID-19 pandemic—or ongoing pandemic, as we enter its third year—fueled a swath of lawsuits at colleges around the country.

A class action lawsuit has been filed over the deadly collapse at Surfside. The lawsuit alleges that new construction next door damaged Champlain Towers South and contributed to the tragedy that killed nearly 100 people.

Brooke Shafer reports the lawsuit claims the construction of a luxury condo near the Champlain Towers South led to its deadly collapse.

The construction of the luxury Eighty Seven Park highrise next door to the Champlain Towers South in Surfside, Fla., led to the condominium building’s deadly collapse in June, a class-action lawsuit filed late Tuesday alleges.

The Eighty Seven Park development team ignored warnings about the damage the tower’s construction was causing to the Champlain Towers South feet away, leading to the deadly Surfside condominium collapse, a new lawsuit alleges.

The construction of a new luxury condo tower just feet away from Champlain Towers South caused severe damage to the fragile, poorly designed building in Surfside, eventually leading to the collapse that killed nearly 100 people, according to a civil complaint filed late Tuesday in a class-action case.

The catastrophic structural failure that led to the collapse of the Champlain Towers condominium outside Miami in June was linked to construction of a luxury high-rise development next door, according to a lawsuit filed by families of people killed in the disaster.

Construction of a luxury building next door triggered the collapse of an already fragile Florida condominium that killed 98 people in June, according to a new lawsuit.

A Florida state judge made a renewed push Monday to add punitive damages to her suit accusing a prominent South Florida attorney of attempting to blackmail her with a threat of releasing nude photos if she sought testimony from her ex-husband's girlfriend in a child custody battle.

A Florida Supreme Court opinion in a marital case is causing some lawyers to worry that the decision will spark a rise in frivolous litigation.

Despite the uphill battle for plaintiffs, U.S.-Cuba trade expert John Kavulich estimates that 85% of the estimated $19 million in law firm revenue generated by the litigation has come from defendant firms as Big Law stepped up to represent the companies accused of “trafficking” in property rightfully owned by Cuban-Americans.

The U.S. Homeland Security secretary announced new sanctions—the freezing of assets and a U.S. travel ban—on Cuban government officials during his visit to Miami on Thursday.

Miami is full of talented Cuban-American lawyers, but none can enter a Cuban courtroom to represent political prisoners. Here's what they're doing instead.

Attorneys from Kozyak Tropin Throckmorton, Podhurst Orseck PA, Grossman Roth Yaffa Cohen PA and The Moskowitz Law Firm will oversee the economic loss, wrongful death and personal injury claims arising from the Surfside condominium collapse under an attorney leadership structure approved by a Florida judge Friday.

Raysa Rodriguez, 59, described the moment she was awakened by the collapsing northeast portion of her Surfside condo building, home to more than 50 units.

Within days of filing the first lawsuit over the partial collapse of Champlain Towers South in Surfside, plaintiffs attorney Brad Sohn of The Brad Sohn Law Firm in Coral Gables has partnered with a larger firm specializing in complex commercial litigation.

The Florida governor signed nearly 45 bills into law on Monday, with at least five that will impact the legal profession.

The Miami-Dade Circuit Court released an advisory Tuesday acknowledging the Florida Supreme Court’s unprecedented expansion of in-person court proceedings, starting later this month.

Litigation-based firms braced for severe business interruptions when the pandemic descended, and while the absence of trials had its effect, in many places, court dockets kept moving, and litigators kept working—handling depositions, negotiations, and various other client work.

The Florida Defense Lawyers Association claimed in the amicus curiae the litigation is not just over a college tuition refund, but the lower court's ruling on sovereign immunity could have a ripple effect on nearly every government institution in the sunshine state.

When Kozyak Tropin & Throckmorton partner Javier Lopez agreed to defend a Coral Gables barbershop owner against accusations of tortious interference in August 2017, he had assumed the litigation would be straightforward. But he was wrong. “My client was not someone that was going to be bullied,” Lopez said. “I think, a lot of times, lawyers forget that OK, maybe we have 15, 20 cases, but every case is the most important case for that client. It’s all-consuming. It takes over their lives. They dream about it. I dream about it too. And we’ve got to remember that we are helping these folks, in many instances, during some of the worst parts of their lives.”

South Florida attorneys and academics said that actions by President-elect Biden’s administration might have significant legal implications on American-Cuban relations.

As the date approached to renew their office lease in Coral Gables, Javier Lopez and his partners at the Kozyak Tropin & Throckmorton law firm contemplated negotiating tactics.

KTT encourages its employees to vote!

On the Rise: The Daily Business Review profiles managing partner, Javier Lopez.

Florida restaurants, El Novillo Restaurant Group are fighting underwriters over business interruption coverage which began from the COVID-19 pandemic. "Our client has the facts and the law on its side, as do all the other businesses with similar policies, "Benjamin Widlanski of Kozyak Tropin & Throckmorton LLP, representing El Novillo, told Law360 on Tuesday. "We look forward to Lloyd's of London being forced to honor its contractual obligations."

Javier Lopez has been named an honoree in the category of "On The Rise" for the 2020 Professional Excellence Awards by DBR.

Florida restaurants, El Novillo Restaurant Group proposed a class action focusing on entities suffering COVID-19 related losses in the non-essential hospitality sector.

With tourism at a standstill and nonessential businesses closed, local commercial tenants are looking for rent breaks as the coronavirus crisis heads into April.

Javier Lopez takes on management duties as the youngest managing partner at KTT.

Javier A. Lopez, Evan Stroman, and Dwayne A. Robinson of Kozyak Tropin and Throckmorton in Coral Gables are preparing for a civil trial. Lopez, Stroman, and Robinson represent the Market owners widow Daisy Holcombe, who’s seeking millions in damages for wrongful death and conspiracy to commit wrongful death.

For Attorney Javier Lopez, Helms-Burton Lawsuits on Behalf of Families Whose Property Were Expropriated by the Castro Government, Are More Than Just About Money. They’re Personal.

The family of the former owners of a Cuban bank seized by Fidel Castro's government nearly six decades ago sued Societe Generale for approximately $792 million (£633 million), saying the French bank owes damages for circumventing U.S. sanctions against Cuba.

The legacy owners of a nationalized Cuban bank sued to recover losses from Societe Generale SA, which in November settled U.S. charges that the French bank helped Cuba evade American economic sanctions.

Javier A. Lopez and Evan Stroman of Kozyak Tropin and Throckmorton in Coral Gables have brought a federal lawsuit against a French investment bank, accused of profiting from a Cuban bank that Fidel Castro’s government expropriated from the plaintiffs in the 1960s.

Remaining factual issues prevent Pruco Life Insurance Co. from sidestepping claims against it in a lawsuit accusing a Miami lawyer of scheming to keep $2 million in life insurance proceeds after his former law partner killed himself, a Florida state judge ruled Thursday.

Los propietarios por legado de un banco cubano nacionalizado demandaron para recuperar pérdidas causadas por Société Génerale SA, que en noviembre resolvió las acusaciones en EE.UU. de que el banco francés ayudó a Cuba a evadir las sanciones económicas estadounidenses.

Heirs of a bank that was seized by Fidel Castro's government in 1960 — and then used as Cuba’s national bank — claimed in Florida federal court Wednesday that Société Générale SA ignored U.S. embargoes, profiting by doing business with the bank, and should pay back $792 million in damages.

The family of the former owners of a Cuban bank seized by Fidel Castro’s government nearly six decades ago sued Societe Generale (SOGN.PA) for approximately $792 million, saying the French bank owes damages for circumventing U.S. sanctions against Cuba.

A Manhattan federal judge tasked counsel for a formerly private Cuba bank Monday with explaining why, under new Trump administration policy, it should get a $456 million chunk of $717 million that Societe Generale agreed to pay the U.S. government for violating Cuba sanctions.

As lawyers, we are mostly allergic to vulnerability, taking off the masks that we wear on a daily basis and being honest with ourselves and our colleagues. The truth is, I love being a lawyer, it is the privilege of my life to do what I love to do with partners whom I love to practice with. Unfortunately a commercial litigator, there are always winners and losers, and each side is always looking for a competitive or strategic advantage. It is a high-stress environment, and no side ever wants to “blink” first.

Javier Lopez has spent hundreds of hours interviewing Cuban exiles and meticulously building cases for families who lost property after the 1959 revolution. He’s pored over obscure legal papers, Spanish-language newspaper articles and, in one case, a century-old parchment deed.

A Miami jury has ruled in favor of a Croatia-based production company in their trademark dispute with the titan of concerts, Ultra Music Festival.

Following a Sept. 6 ruling by federal Judge Federico A. Moreno denying dual requests for summary judgement, litigation concerning the use of the Ultra brand in Croatia and Europe proceeded to trial in the Southern District of Florida on Monday. According to one attorney, the jury could reach a decision by Friday.

Javier Lopez took on cases targeting a decades-old Cuban policy of excluding the arrival of Cuban nationals by boat and won a settlement in a police brutality case for a mentally ill client.

La pequeña oficina legal que en los años 90 abrió en Miami para ayudar a cubanos con el inicio de la política “pie seco, pie mojado”, esahora un bufete con seis abogados de tiempo completo que dedican buena parte de su tiempo a ayudar sin costo a todo tipo de clientes, incluyendo a muchos centroamericanos y latinos de otras nacionalidades.

Nations attempt to curb migration, but the seeds of newcomers multiply. They continue to sprout and blossom in a nation of immigrants. Javier Lopez, a partner with Kozyak, Tropin & Throckmorton in Coral Gables, is one of those seeds.

During its annual luncheon on Friday, August 25, 2017, at the Biltmore Hotel, the Cuban American Bar Association featured Brian Cuban, a Dallas attorney and brother of Mark Cuban, to talk about his personal journey with addiction, eating disorders, depression and suicide attempts. Cuban said it was important to have difficult conversations as the rate of suicides among attorneys is growing.

After the suicide in June of a prominent Miami attorney rocked the local legal community, the Cuban American Bar Association is making mental health a focus, starting with an annual luncheon Friday that featured attorney Brian Cuban — brother of businessman Mark Cuban — to talk about his struggle with addiction and depression.

Early in Javier Lopez’s career, a senior member of his then firm called him into his office and told him to take a seat.The more experienced, well-respected trial lawyer looked young Lopez in the eye and told him he had a problem with his work.

The fully executed contract is ready for signatures. All too often, however, the end is not near. Instead, the game of chess begins. With the commercial and real estate markets in flux, more real estate litigation is happening because buyers and sellers are trying to back out of closings. To help prevent an escape hatch, prepare beforehand and draft the most airtight contract possible.

In today’s challenging, competitive business environment, finding qualified outside counsel with the right fee structuresis a top priority for corporate counsel. Following is some practical guidance to help corporatecounsel achieve this goal.

KozyakTropin& Throckmorton announced that partner Javier A. Lopez has been named a recipient of the Hispanic National Bar Association’s Top Lawyers Under 40 award. Lopez will be honored during the HNBA Corporate Counsel Conference in Miami on March 31.

Javier A. Lopez has been named a recipient of the Hispanic National Bar Association’s Top Lawyers Under 40 award. At the firm, he focuses his practice on complex commercial litigation.

Interview on Mega TV on Cuba Policy - Cafe Con Leche

A Miami attorney destroyed evidence and then spent two years derailing a former client's efforts to recover those documents, according to a ruling by Circuit Court Judge Bronwyn Miller.

A Florida judge last week sanctioned a real estatefund's former attorney for destroying email servers after being sued, a decision that shifts the burdenat trial to the attorney accused of scamming the fund out of $1 million in commissions.

A good attorney typically spends his or her day largely fixated on two overarching objectives: effectively representing the interests of his or her clients and developing a successful legal practice with a solid client base.

La actual realidad de Cuba, su futuro sociopolítico y el intercambio con las fuerzas democráticas en la isla, fueron varios de los temas abordados en la reunión que llevó a cabo este viernes, en Miami, el Colegio de Abogados Cubanoamericanos, CABA.

7 Do’s and Don’ts for Litigators in Bilingual Trials, Javier A. Lopez & Maia Aron

Two Cuban-born Americans accusing Carnival Corp. of civil rights violations for barring Cuban-born consumers from its new cruises to the once off-limits country dropped their proposed class action Thursday, citing recent changes in Carnival's booking policy and Cuban law.

News Conference at Federal Court re: Carnival Lawsuit on Thursday, April 21.

Interview with Javier Lopez discussing Carnival Lawsuit on Friday, April 22, 2016

Carnival on Friday announced that the Cuban government is allowing Cuban-born travelers to join the company’s historic cruise to the island next month.

Los cubanos en Miami celebraron este viernes que el gobierno castrista desistiera de su política de no permitir que los nacidos en Cuba y nacionalizados como estadounidenses pudieran entrar a la isla por mar.

Interview with Javier Lopez re: Carnival Lawsuit on Friday, April 22, 2016.

Javier A Lopez sits with PBS WPBT Channel 2.

Carnival: Cuba es la queimpideviaje de cubanos

Demandan a Carnival en Miami por no aceptar cubano americanos en susviajes a Cuba.

Demanda a Carnival pone en peligro viaje de crucero a Cuba.

Kozyak Tropin & Throckmorton lawyers pierce the corporate veil to hold a borrower liable for $15 million in damages plus interest.

A handful of South Florida attorneys traveled to Cuba this week to witness President Barack Obama's historic visit and participate in meetings with U.S. politicians, entrepreneurs and Cubans.

Who is the perfect juror? What is the most effective theme?

Who is the perfect juror? What is the most effective theme? What evidence is the most compelling in the eyes of the jury? These and many other similar questions haunt the minds of many trial lawyers, because high-stakes commercial litigation trials are multimillion-dollar productions with little room for error.

Holland & Knight Miami partner Anna Marie Hernandez is elected president of the 2,500-member Cuban American Bar Association. Javier Lopez of Kozyak, Tropin & Throckmorton becomes president-elect.

Paul Gozaloff, 45, a computer technician, was putting up campaign posters for presidential candidate Rudy Giuliani in Hollywood in 2008 when he went to a traffic stop while trying to find another campaign sign worker.

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