Dyanne Feinberg co-chaired a jury trial in the complex business litigation section that resulted in a $15 million verdict for the client. The case involved fraudulent transfer claims and piercing the corporate veil issues. Ms. Feinberg handled the appeal and prevailed with an affirmance by the Third District Court of Appeal in Agritrade LP v. Quercia, ___ So. 3d ____, 2017 WL 5760269 (Fla. 3d DCA Nov. 29, 2017).
Archive for year: 2019
Dyanne Feinberg, along with Harley Tropin, Tucker Ronzetti, and other KTT attorneys, serves as court-appointed lead counsel for plaintiffs in a putative class action involving a Ponzi scheme in which investors suffered over $400 million in principal losses, as well as substantial additional damages. An early settlement was reached with Raymond James in the amount of $150 million. The case is currently proceeding as to various remaining defendants.
Mr. Throckmorton, as co-lead counsel, represented a prominent Miami litigation firm in an arbitration proceeding relating to collection of a $13MM contingent fee earned by the client after it successfully obtained and collected a $67MM verdict from TD Bank arising out of the Rothstein Rosenfeldt Adler, P.A. fraud. In July 2016 the arbitration panel granted the requested fee award in full.
Mr. Rosendorf is bankruptcy counsel to Anderson Memorial Hospital, which has pursued class actions on behalf of property owners whose property has been damaged by asbestos-containing products, including W.R. Grace and U.S. Mineral Products Co. David serves as co-counsel with Dan Speights, Esq., one of the most prominent and successful asbestos property damage class action lawyers in the country. Mr. Rosendorf has advised on bankruptcy matters relating to Anderson’s pursuit of reconsideration of an order denying class certification in the Grace case, and also advised on bankruptcy matters in connection with the settlement of Anderson’s claim and distributions from the Property Damage Trust in the U.S. Mineral case.
Robert Angueira is a panel trustee for the Southern District of Florida Bankruptcy Court. He was appointed the Chapter 7 trustee of Leonidas Ortega Trujillo, a debtor subject to a $600 million judgment in favor of the Interamerican Asset Management Fund (the Republic of Ecuador) arising from fraud in connection with the failure of Banco Continental, Ecuador’s fourth largest bank. The Debtor’s family was at one time one of the wealthiest families in Ecuador. On behalf of the Trustee, the firm filed a complaint against the Debtor, his son, and various companies controlled by the Debtor seeking a declaration regarding the Debtor’s ownership of the companies under various theories. The firm persuaded the presiding judge to recede from her prior judicial position and convinced her that the Trustee of an individual debtor should be permitted to pursue an alter ego action against third party companies. Cori Lopez-Castro led the trial team on this matter, which took place over 10 days; this is very rare in bankruptcy court. The Court has not issued a ruling.
Cori Lopez-Castro represents the City of Coral Gables in many of its high profile matters, including in connection with a petition for dissolution filed in Delaware Chancery Court by the tenant of the Biltmore Hotel, a landmark historic hotel owned by the City. On behalf of the City, Cori Lopez-Castro intervened in the Delaware dissolution proceedings to protect the City’s rights under its lease and protect against any inappropriate disposition of the hotel. Shortly before the matter was to proceed to trial in the Chancery Court, Cori Lopez-Castro and City Attorney, Craig Leen, successfully mediated the dispute between the owners of the tenant entity. The case was voluntarily dismissed in August 2016 as a result of the negotiated resolution. Cori Lopez-Castro also represents the City in defending its ordinance banning polystyrene. Cori Lopez-Castro successfully obtained a final judgment in favor of the City entered by the Circuit Court in and for Miami-Dade County. The final judgment declares three Florida Statutes unconstitutional. The final judgment also determines that the City’s ordinances related to polystyrene regulation are valid and enforceable. The plaintiffs have appealed the final judgment.
“In mid-2015, a judgment creditor asserting a $38 million claim filed an involuntary bankruptcy proceeding against International Oil Trading Company, LLC, a company owned by Mr. Sargeant which had been a government contractor transporting and supplying fuel to troops during the second Gulf War. The judgment had been the subject of a dispute that had been ongoing for nearly a decade. Mr. Throckmorton and Mr. Rosendorf defended the contested involuntary bankruptcy and ultimately in late 2016 successfully negotiated a settlement of the underlying claim, resulting in the dismissal of the bankruptcy. Mr. Throckmorton and Mr. Rosendorf also continue to serve as bankruptcy counsel to BTB Refining, LLC in the Chapter 11 cases of Trigeant, Ltd. and affiliates in connection with ongoing indemnification claims under the confirmed Plan which resulted in the payment of $52 million to BTB. “
Barry Mukamal is a panel trustee for the Southern District of Florida Bankruptcy Court. He was appointed the Chapter 7 Trustee of Donald Kipnis, a construction executive. Prior to bankruptcy, Mr. Kipnis litigated with the IRS for years before losing in Tax Court. Cori Lopez-Castro led the team that prosecuted the adversary proceeding asserting that the Debtor fraudulently transferred a luxury condominium as part of a premarital settlement agreement 11 years prior to his bankruptcy. The transfer was outside the Florida four-year statute of limitations, but the firm used a novel legal theory that the Trustee, standing in the shoes of the IRS, could seek avoidance of the transfer beyond the time limits set by state law. The reach back period issue was highly litigated. The bankruptcy judge ruled that the Trustee could pursue the transfer and was not time barred. Thereafter, the parties negotiated a settlement highly favorable to the creditors. David Samole also represents Mr. Mukamal as Chapter 7 Trustee in several pending bankruptcy cases administering assets and litigation claims.
Mr. Samole regularly advises DHL Express on bankruptcy related matters when customers of the company file bankruptcy, including negotiation of critical vendor protections, management of ongoing post-petition business activities, and evaluation and defense of preferential transfer claims.
David Rosendorf represents Mr. Mukamal as the Trustee of the Mutual Benefits Keep Policy Trust, a trust formed to administer over 1,500 viaticated insurance policies that had been the subject of a federal S.E.C. receivership. To date, the Trust has distributed over $200 million in death benefits to thousands of investors, and continues to maintain over 1,500 policies with a face value in excess of $500 million. Mr. Rosendorf advises Mr. Mukamal on the continued administration of the Trust, negotiations with the servicer, sales of policies, communications with investors, compliance with trust requirements, and related issues.
Kozyak Tropin & Throckmorton is a complex commercial litigation firm founded in 1982 that focuses its practice on bet-the-company commercial cases, class actions, healthcare and bankruptcy matters.