Jorge L. Piedra

Jorge L. Piedra is a partner at Kozyak Tropin & Throckmorton and concentrates his practice on complex commercial and construction litigation.

As a commercial and construction trial lawyer, he has decades of experience having distinguished himself in over 75 jury and non-jury trials and numerous arbitrations. He has also over 70 cases before various courts of appeal.

Jorge was recently selected to Florida Trend’s Florida 500. The Florida 500 highlights the 500 most influential executives in different economic sectors throughout the state. Jorge was awarded the prized AV rating from Martindale-Hubbell and was also selected and listed in Florida Super Lawyers magazine as one of the top 5 percent attorneys in the state. Florida Trend Magazine also named him to Florida’s “Legal Elite” and “The State’s Legal Leaders.” He has also been named as one of the “Best Attorneys in Florida” by Best Lawyers, as selected by peer recognition.

Jorge attended Florida State University (FSU) for his undergraduate studies, obtaining a B.S. in Political Science in 1992. He subsequently enrolled at FSU’s College of Law, graduating with honors. He was a member of the university’s Journal of Transnational Law and Policy and an Articles and Notes Editor for FSU’s Journal of Land Use and Environmental Law.

In 2019, Jorge was elected to the Florida Bar Board of Governors. His membership in and commitment to legal, community, business and civic organizations include a longstanding association with the Cuban American Bar Association (CABA), where he recently served as President. CABA also named him its Outstanding Young Lawyer in 2003, and he also served as Chairman of CABA Pro Bono. He is also a member of the Latin Builders Association (LBA) where he served on the Board of Directors and its Executive Committee and as the organization’s Secretary, General Counsel, and its Legislative and Community Affairs Committees Chairman. In 2002 and 2005, he was selected as the LBA’s Attorney of the Year. Jorge is also a member of the Kiwanis Club of Little Havana, organizers of the world famous “Carnival Miami” and “Calle Ocho” festivals and has served as that organization’s Board of Directors since 2003, having chaired its golf tournament and voter registration drives.

Jorge was admitted to practice law in the State of Florida in 1996. He is also admitted to practice in the United States District Courts for the Southern, Middle and Northern Districts of Florida as well as the United States Court of Appeals for the Eleventh Circuit.

Prior to joining Kozyak Tropin & Throckmorton, Jorge was Managing Partner at Piedra & Associates, P.A.

PERSONAL STATEMENT

I handle most of my cases the same way.  First, I obtain an understanding of my client’s goals which is the most important piece of information to have before the case begins.  I then apply my experience in the courtroom, both at the trial and appellate level, to determine the feasibility, the strategy and the cost to achieve those goals.  Finally, I truly enjoy deploying all tools available to me to create a win. High stakes litigation is an art not a science.

Javier Lopez

Javier A. Lopez

Javier Lopez is the firm’s Managing Partner and co-chair of complex and commercial litigation.  Javier has particular expertise in advising and representing international clients in matters brought in 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.

Javier handles some of the firm’s largest and most complex litigation matters. He has particular expertise in filing claims involving financial institutions, accounting firms, individuals and others for participation in fraudulent schemes, individual and class actions involving deception and false advertising, and representing high net worth 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).

Javier 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.

From 2010-2018, he was named a “Rising Legal Star” by Florida Super Lawyer’s Magazine, 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.

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

Javier is very active in the South Florida Cuban community and charitable organizations such as the Nicklaus Children’s Hospital Foundation (formerly Miami Children’s Hospital Foundation) and the Big Brothers Big Sisters Program.  He is an avid baseball fan having been a four year letterman for Harvard University, and enjoys collecting fine art and international travel.

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.

Tal J. Lifshitz

Tal J. Lifshitz

Tal J. Lifshitz is a partner in Kozyak Tropin and Throckmorton’s complex litigation department.

He handles some of the firm’s most complex cases, including:

  • representing victims of corrupt Fort Lauderdale lawyer Scott Rothstein’s billion dollar Ponzi scheme;
  • defending a foreign public utility in a multimillion-dollar contract dispute;
  • representing consumers in a pair of class action lawsuits against one of the nation’s largest beverage and brewing companies for deceptive and unfair trade practices;
  • prosecuting force-placed insurance cases in nationwide class actions against national banks and insurers;
  • representing an international private banking group in a complex commercial breach of contract action;
  • defending an online document preparation and filing service company from a multimillion-dollar class action lawsuit involving claims of deceptive trade practices;
  • defending an international commercial real estate group in a multi-million dollar breach of contract action;
  • representing victims of the Jay Peak EB-5 investment scheme in a multimillion dollar class action lawsuit against a pair of national banks and financial services firm;
  • representing a federal equity receiver in connection with a multimillion dollar Chilean Ponzi scheme; and representing victims of William Wise’s Millennium Bank investment scheme in a multimillion dollar class action lawsuit against a national bank.

Tal received his B.A., magna cum laude, from the University of Central Florida, where he majored in Legal Studies. He earned his Juris Doctor, summa cum laude, from the University of Miami School of Law. While in law school, he was a member of the Charles C. Papy Jr. Moot Court Board and served as the Eleventh Circuit Editor of the University of Miami Law Review. He also was a four-time Dean’s Fellow, working with property and criminal procedure courses as well as with the writing center.

During law school, Tal received the Soia Mentschikoff Award for Excellence in Scholarly Writing for his publication, “Arguable Probable Cause”: An Unwarranted Approach to Qualified Immunity, 65 U. Miami. L. Rev. 1159 (2011). He also served as a Project Leader for the University of Miami’s Volunteer Income Tax Assistance program and was a Legal Intern for the Federal Public Defender’s Office.

After law school, Tal served as a judicial law clerk to the Honorable Kenneth A. Marra from September 2012 to September 2013.

Tal is also on the Executive Board for the South Florida Chapter of the Federal Bar Association, and will assume the role of President of the organization in 2022. He also serves as Co-Chair of the FBA CLE Committee as well as the Diversity, Equality, and Inclusion Committee, and serves on the FBA National Younger Lawyers in Court Task Force. He has served as a Faculty Member for NITA, the National Institute for Trial Advocacy, since 2019, teaching multi-day trial and deposition technique programs using NITA’s hands-on, “learn-by-doing” method for advocacy seminars.

In a recent pro bono civil rights matter in federal court, Tal and his team obtained a substantial monetary award for an individual who was a victim of police brutality and asserted claims under Section 1983. For his work on the matter, Tal was invited to speak on a panel hosted by two United States District Judges, providing pro bono training for lawyers on litigating civil rights actions in federal court. Tal continues to handle pro bono civil rights actions under Section 1983, and has also provided pro bono assistance to the Miami community through Legal Services of Greater Miami’s Small Claims Court Clinic.

Among his many talents, Tal is fluent in Hebrew.

PERSONAL STATEMENT

I’m driven by the challenge of constantly striving for greatness. There are many good lawyers. There are few great ones. That’s why I teach advocacy and mentor younger lawyers. It keeps me sharp, and forces me to think critically about my own techniques and litigation strategies. Being a part of the FBA gives me the same benefits. I’m surrounded by greatness – the elite lawyers and judges of our community. That’s where I want to be.

Benjamin J. Widlanski

Benjamin J. Widlanski

Benjamin Widlanski is a partner at Kozyak Tropin & Throckmorton, and focuses his practice on complex commercial litigation and class actions.

He received his Bachelor of Arts in Philosophy and Religion at Columbia University. He then earned his Juris Doctor from Columbia University School of Law, where he was a Harlan Fiske Stone Scholar. After graduating law school, he served for almost five years in the United States Army as a Captain in the Judge Advocate General’s Corps, where he advised various commanders on military justice matters and other legal issues, litigated in federal court and military courts martial, and received numerous medals and distinctions, including a Bronze Star.

Ben brings extensive courtroom and trial experience, as he spent five years as an Assistant United States Attorney at the United States Attorney’s Office for the Southern District of Florida. During that time, he prosecuted and investigated hundreds of federal crimes, including labor trafficking, sex trafficking, sex tourism, narcotics trafficking, violent organized gangs, aggravated identity theft, money laundering, wire and mail fraud, cyber crimes and crimes involving the Dark Web and cryptocurrencies, armed robbery, international kidnapping, and murder. He also briefed and argued multiple matters before the Eleventh Circuit Court of Appeals, and managed large investigative teams from virtually every federal law enforcement agency.

Ben represents the victims of Ponzi schemes and other large-scale fraud cases in class action lawsuits around the country. He also represents consumer classes in lawsuits against large corporations for selling mislabeled products, deceptive trade practices, and data breaches. Ben’s practice areas also include professional malpractice claims, business disputes, antitrust litigation, and internal investigations.

Ben is an adjunct professor at the University of Miami Law School, where he teaches Litigation Skills, and he devotes time to various Veterans-focused non-profit organizations.

Admitted to practice in Florida and New York.

PERSONAL STATEMENT

The law exists to protect people and redress wrongs.  I have always loved using the law to stand up for victims – from when I was a prosecutor, fighting for victims of violent crimes or human trafficking, through today, fighting for the victims of fraud, corporate malfeasance, and commercial greed – it feels good to speak out against injustice and on behalf of the ill-used and forgotten.  I take great pride in representing my clients to the best of my ability, and I’ve never had to compromise my morals to do so.

Dwayne A. Robinson

Dwayne A. Robinson

Dwayne Robinson is a partner at Kozyak Tropin & Throckmorton, and focuses his practice on complex litigation.

Dwayne is a trial-tested lawyer who has represented clients in dozens of appeals in federal and state court, including at oral argument before the United States Court of Appeals for the Eleventh Circuit and Florida’s Third District Court of Appeal.  Dwayne brings a practical and thoughtful approach in his representative matters.  He has represented clients who have matters simultaneously pending in trial court and appellate court in the same or related cases, assisting them with advancing their litigation goals on multiple fronts.  He interacts with clients daily, timely, and plainly.  He proudly served as part of a litigation and appellate team that secured a victory before the United States Supreme Court.

Dwayne is a member of The Florida Bar; the Southern, Middle, and Northern Districts of Florida, the United States Court of Appeal for the Eleventh Circuit, and the United States Supreme Court Bar. Prior to law school, he was editor-in-chief of The Independent Florida Alligator at the University of Florida, then the largest daily independent, student-run newspaper in the country. He later worked for The Palm Beach Post, covering local government, politics, and the Florida legislature.

Dwayne received his Bachelor of Arts in Political Science and his Bachelor of Science in Journalism from University of Florida, where he also minored in Business Administration.  He later received his Juris Doctor, magna cum laude, from University of Florida Levin College of Law, earning the distinction of membership in the Order of the Coif.  There, Dwayne served as Editor-in-Chief of the Florida Law Review.  Thereafter, Dwayne clerked on the United States Court of Appeals for the Eleventh Circuit with the Honorable Ed Carnes.

Prior to joining Kozyak Tropin & Throckmorton, Dwayne was a senior associate at a large local firm, where he focused on commercial litigation matters involving corporate governance disputes, foreign sovereign immunity, employment claims, and federal statutory causes of action.

Dwayne is a committed member of the community. He serves on the Board of Directors for The Lotus House women’s shelter in the Overtown district of Miami. He also served as governor on The Florida Bar Young Lawyers Division Board of Governors, representing Miami’s Seat 3 and as Vice President for the Wilkie D. Ferguson, Jr. Bar Association. He is past chairman of The Florida Bar’s Media & Communications Law Committee.

PERSONAL STATEMENT

Lawyers are problem solvers. The best lawyers identify solutions—whether through the legal process or otherwise.  The one thing greater than designing those solutions is achieving them for my clients.

Maria Garcia

Maria D. Garcia

Maria D. Garcia is a Partner and Co-Chair of the Healthcare Practice at Kozyak Tropin & Throckmorton, and focuses her practice on health care law and commercial litigation. She has extensive experience in managed care litigation and advising healthcare providers regarding Medicare, Medicaid, and commercial health plan issues. Maria also provides guidance to health care providers on various legal issues, such as business expansion, federal and state regulatory compliance, practice formation, joint ventures, managed care contracting, and non-compete agreements.  She received her B.A., magna cum laude, from Florida International University (FIU), and earned her Juris Doctor from the FIU College of Law, where she was President of the Moot Court.

In 2018 and 2019, Maria was named a “Top Lawyer” in Healthcare in the South Florida Legal Guide, and Super Lawyers Magazine named her a “Rising Star” in 2020.  In 2019, Florida Trend Magazine named her as one of the 500 Most Influential Business Leaders in the State of Florida. In 2016, she was honored by the Coral Gables Chamber of Commerce with the Rising Star “Model Star” Award for her work in the South Florida community and legal profession. Maria’s skills and efforts as an attorney were also recognized in 2010 when the Cystic Fibrosis Foundation named her one of the “40 Under 40 Outstanding Attorneys of Miami-Dade County.”

Maria is also devoted to the community, and served as President of the Cuban American Bar Association (CABA) and President of the Florida International University Alumni Association. She serves on the Board of Directors of the Coral Gables Chambers of Commerce and on the Florida Bar Health Law Section’s Legislative Committee.

PERSONAL STATEMENT

It is extremely rewarding to be an attorney, and I have the opportunity to counsel my clients and guide them through issues in the healthcare industry every day – from litigation to how to grow their businesses and serve patients. It is also a great honor to give back to our community through my involvement in various organizations such as the Cuban American Bar Association, the Florida Bar Health Law Section, and Florida International University Alumni Association.

Detra Shaw-Wilder

Detra Shaw-Wilder

Detra Shaw-Wilder is a litigation partner at Kozyak Tropin & Throckmorton. She concentrates her practice in complex commercial litigation, business law matters, corporate shareholder disputes and high-level contract and commercial financing disputes.  Detra regularly litigates in state and federal court.  Having been involved in significant litigation, she has a broad range of trial experience in commercial cases.

Detra frequently participates in panel discussions on complex litigation matters and trial skills programs.  She is currently Chairperson of the Business Litigation Committee of the Florida Bar Business Law Section and Vice President of the University of Miami Law Alumni Association.  Detra is a past Board Member and Region XI Director for the National Bar Association. She is also a member of the Federal Grievance Committee for the US District Court for the Southern District of Florida and previously served on the Florida Bar Grievance Committee for the Eleventh Judicial Circuit of Florida.

Detra is passionate about community involvement and is involved in several charitable organizations and is a co-founder of the Kozyak Minority Mentoring Foundation. Outside of the practice of law, Detra is a dedicated sports mom and enjoys spending time on the soccer pitch or track field watching her two teenage kids participate in sports.

RESULT

COMPLEX LITIGATION

Detra had a lead role in the team that successfully litigated an action on behalf of General Hotel Management, manager of the Setai hotel. The action involved cases in state and federal court and proceedings in international arbitration.  Her team obtained a favorable multi-million arbitration award for the client and defeated all claims brought by the opposing party.

CORPORATE SHAREHOLDER DISPUTES

Detra has represented numerous shareholders in corporate disputes including successful representations of clients in buy-out disputes involving closely held corporations.

HOSPITALITY MATTERS

Detra served as lead counsel representing a major lender in litigation related to a prominent South Beach hotel.  She also represented a private lender in litigation related to a landmark restaurant in West Palm Beach in which she achieved a favorable settlement on the lender’s behalf.

Harley S. Tropin

Harley S. Tropin

Harley Tropin is President of Kozyak Tropin & Throckmorton.  Mr. Tropin concentrates his practice on high stakes business litigation.  

Harley was recognized by the American Jewish Committee for his outstanding legal work and community contributions with the 2016 Learned Hand award. He has been recognized by Best Lawyers in America since 1989 and is in the top-tier litigation category, “Bet-The-Company Litigators.” He has been awarded “Lawyer of the Year” for Miami Mass Tort Litigation/Class Actions for 2014 – 2019. Chambers USA places him in its top “Tier 1” ranking and describes Harley as “one of the deans of the Florida Bar” and “a tremendous oral advocate – he’s a very savvy and smart lawyer who knows which buttons to push and when.” He is also listed in Florida Super Lawyers, Florida Trend’s “Legal Elite,” and one of fifty Florida Lawyers named to the Legal Elite Hall of Fame. He is a member of the American Board of Trial Advocates, a Fellow of the International Academy of Trial Lawyers, and a member of its Board of Directors. Harley is also a member of the Federal Judicial Nominating Commission.

While the majority of Harley’s practice now focuses on representing plaintiffs, he regularly represents businesses and law firms in their most serious and challenging commercial cases.
Harley lectures on a variety of issues in commercial litigation, including the management of complex litigation, the presentation of damages in commercial litigation, trial advocacy techniques, and fraud prosecution. He has chaired the NITA/Federal Court Program on trial advocacy, lectures at the annual University of Miami Class Action Forum, and regularly speaks at seminars and programs concerning the judicial appointment process.

Harley authored Florida Business Torts, a Lexis Nexis book published in March 2006, and the injunction chapter for Florida Civil Practice Before Trial, a standard Florida litigation text. He teaches trial advocacy at the University of Miami School of Law, and has served on the boards of the Greater Miami Jewish Federation, Temple Beth Am, and the American Jewish Committee.

Harley is a passionate advocate for greater access to mental health services. He chaired the University of Miami Department of Psychiatry and Behavioral Sciences Advisory Board from 2014 – 2018, has helped raise funds for a Day Treatment Medical Center for mental health patients, and represents the department on a pro bono basis on legal issues involving mental health concerns.

Harley also has served on the Florida Supreme Court Committee on Gender Bias and Diversity and is an integral part of the KTT commitment to diversity in the workplace and community.

PERSONAL STATEMENT

My legal passion is cutting through complex issues, making them simple and getting to a great result. Quickly.  Other passions include family, travel, baseball, meditation, teaching and the Canes!

RESULTS

FRAUD AND PONZI SCHEMES

Harley represented more than seventy investors, who collectively lost $190 million investing with Ft. Lauderdale lawyer Scott Rothstein, who ran a Ponzi scheme, based on selling fictitious structured settlements. Typical recoveries in these cases range from 10-30%.  Harley and his team recovered over 95% of losses, and are now seeking attorney’s fees, the reminder of the damages and positive damages.

CORPORATE DISPUTES

Harley successfully represented a New York investor, and his closely held corporation, in a $2.5 billion dispute with his CEO (and nephew) over entitlement to the proceeds of the sale of his oil and gas venture. After the sale, the CEO sued in multiple courts, arguing entitlement to half the proceeds, on the theory that he was a general partner of the venture. Harley and his team defeated the claims entirely, while obtaining sanctions against the CEO for discovery abuses, and recovering a favorable monetary settlement of the counterclaim.

LEGAL MALPRACTICE DEFENSE

Harley successfully represented a large Florida law firm, which was sued for malpractice relating to a resort development. He successfully argued that the claim was legally defective, resulting in a resolution of the claim, which included a public statement by the plaintiff admitting the law firm had done nothing wrong and affirming that the legal services rendered by the law firm were excellent.

CLASS ACTIONS

On behalf of 700,000 physicians, and their medical societies, including Texas Medical Association, the California Medical Association and others, Harley acted as co-lead counsel in a national class action against the major HMOs including Aetna, Cigna, Humana and others for systematically denying doctors reimbursement for services provided to patients by down coding medical services through the use of their computerized reimbursement procedure.  The case resulted in the recovery of billions of dollars both in actual cash payments to the doctors, and improved reimbursement procedures and dispute resolution methods.

David A. Samole

David A. Samole

David Samole, a partner at Kozyak Tropin & Throckmorton, focuses his practice on corporate bankruptcy and insolvency-related litigation matters. He represents parties in corporate reorganization, liquidation, workouts and financially distressed transactions, and also serves as a fiduciary Assignee in state court liquidation proceedings. David also has represented healthcare providers in disputes with managed care companies and government payers.

David’s insolvency-related litigation experience includes representing corporate debtors, creditors, committees, trustees and related parties in contested Chapter 11 proceedings, including principals, guarantors and Section 363 asset purchasers in the healthcare, real estate, hospitality, retail, aviation, banking, maritime, and construction industries, as well as in cross-border insolvencies.

David also handles many of the firm’s more complex trustee matters, including in the bank holding and Ponzi scheme litigation contexts, in addition to the firm’s clients facing potential exposure for avoidable transfers under the Bankruptcy Code or under applicable state law. He frequently represents commercial landlords and other corporate entities and counterparties in bankruptcy proceedings and insolvency-related litigation throughout the country. His practice also includes bankruptcy appeals, assignments for the benefit of creditors, receiverships, and serving as a fiduciary or fiduciary counsel in federal bankruptcy and state court liquidation proceedings.

David’s healthcare litigation matters focused on reimbursement litigation on behalf of providers, including a portfolio of managed care litigation matters for one of the largest hospital/health systems in the Southeast United States.

David is a Past-President of the Bankruptcy Bar Association of the Southern District of Florida, and he also served as the President of the University of Chicago Alumni Club of South Florida.

When he is not working at the firm, David enjoys running, attending Miami Heat home games, and spending time with his family. He lives in Miami with his wife, Brigid, who is an attorney, and their two children.

PERSONAL STATEMENT

I love providing forward-thinking advice to clients. The best part of practicing law is interacting with others towards the goal of achieving success as defined by the client.  I listen more than I speak, as I consistently try to see things through the eyes of others and their perspective.  My personal motto is “why do tomorrow what can be done today,” and that includes running daily, spending time with my family and affecting real change for others through inclusiveness, leadership and understanding.

RESULTS/CURRENT REPRESENTATIONS

BANKRUPTCY

David currently serves as Bankruptcy Counsel to the Chapter 11 Trustee administering the 9 jointly administered estates of American Resource Management Group, LLC and affiliated entities d/b/a Resort Release, a group of timeshare exit companies.  He has provided multi-faceted legal representation to oversee the comprehensive transition of operations, pursue the liquidation and recovery of assets, address the interests of timeshare exit customers and resort developers, and handle various litigation matters.

David currently represents a group of 184 pension claimants in the Chapter 11 bankruptcy proceedings of the Archdiocese of San Juan as part of the Catholic Church of Puerto Rico. He represented the pension claimants in all aspects of the Chapter 11 and related proceedings, and helped secure dismissal of the Chapter 11 proceeding now on appeal including related issues pending review before the United States Supreme Court. David has preserved and improved the pension claimants’ recovery position by representing them in Bankruptcy Court, in various levels of pending appeals and in the boardroom.

David currently represents Nueterra Capital, which provides equity investment and advisory services to a bevy of healthcare companies, hospitals and other providers, as well as NueHealth, a national system of integrated provider networks aligning physicians and healthcare consumers to deliver value-based healthcare, in the Chapter 11 hospital bankruptcy proceedings of The Miami Medical Center.

David continues to act as bankruptcy counsel to DHL and its affiliates in the Chapter 11 filings and other insolvency proceedings of their corporate customers around the Country.  He has served as DHL bankruptcy counsel in over 35 creditor/committee bankruptcy matters maximizing DHL’s recovery and/or protecting their interests as an international global shipping and logistics company.

David served as counsel to the Chapter 11 Trustee and then Plan Administrator in NNN Doral Court, LLC et al, which were real estate based bankruptcy proceedings filed by 29 Tenants-in-Common entities as to a commercial office building and other acres of land, effectuating a $25.9 million purchase and sale as part of a jointly administered Chapter 11 confirmation plan, and also pursued and recovered a favorable insurance settlement on behalf of the estates relating to asserted damages for business interruption and lost rent.

David previously led a group of equity interest holders in the Chapter 11 case of TLFO, LLC in successful litigation to re-characterize approximately $23 million of a secured lender’s claim as equity, improving the equity holder distribution by millions of dollars.

David also represents statutory trustees and official creditor committees in bank holding bankruptcy cases such as First State Bancorporation, BankUnited Financial Corporation and MetroBank Financial Services, in litigation over tax refunds, capital maintenance obligations and director & officer claims.

David has served in a fiduciary capacity as the post-confirmation distribution agent of an individual Chapter 11 debtor estate liquidating litigation claims and other assets. He also was selected as the fiduciary assignee in various ABC cases including as to an international specialty food distributor, another entity that sold foreign and domestic inventory and assets in the restricted duty free marketplace, as well as a separate licensor for the use of a restaurant franchise concept, and fully liquidated each estate with a return to all creditors within approximately 120-180 days in such state court liquidation proceedings.

David also has represented bankruptcy trustees, receivers, investor groups and ad hoc creditor groups to recover proceeds on claims against financial institutions and other third parties emanating from S.E.C. fraud, Ponzi schemes and other misconduct, such as the bankruptcy proceedings involving National Century Financial Enterprises, Royal West Properties, MP Diagnostic, Commodities Online and Private Commercial Offices.

COMPLEX LITIGATION

David was part of the bankruptcy team that represented victims of the billion dollar Scott Rothstein Ponzi Scheme, one of the largest Ponzi schemes in history and the largest in Florida history.   He was part of the lead counsel team of lawyers in this complex case, which involved simultaneous litigation in bankruptcy court, state court, and U.S. District Court.  The case involved litigating numerous complex issues, some of which threatened the ability of victims to bring lawsuits to recover their losses, and the ultimate negotiation of a favorable treatment for the investors in a confirmed consensual Chapter 11 plan. David also frequently represents the firm’s clients to prosecute, defend or otherwise help resolve insolvency-related litigation, avoidable transfers and other financially distressed transactions, litigation and disputes.

CREDITOR’S  RIGHTS

David has successfully represented commercial and private lenders, landlords and corporate creditors in contested Chapter 11 proceedings regarding confirmation hearings, disputed use of cash collateral, bad faith filings, stay relief for cause, letter of credit issues, lease assumption and rejection, discharge litigation and avoidable transfer claims litigation.  He also represents claimants pursuing post-confirmation litigation against reorganized debtors or third parties from challenges that Chapter 11 confirmation orders, claims bar dates or sale orders prohibits such litigation, including recent post-confirmation litigation against the Alderwoods/Loewen cemetery conglomerate. David has advised parties on all sides who are subject to troubled loans, pending litigation, post-judgment recovery and other financially-distressed transactions to explore and address workout solutions to maximize a recovery for the creditor or minimize financial disruption to the debtor, borrower, guarantor, etc.

SPEAKING ENGAGEMENTS

  • Bankruptcy Webinar – Strategies of Lenders, Landlords and Logistics Companies Dealing with Chapter 11 Bankruptcies (2020)
  • Bankruptcy Webinar – The Ten Commandments of Landlords and Commercial Tenants – COVID-19 Edition (2020)
  • Panelist, 26th Annual CFBLA Seminar & State of the District, Tangled In a Preference: Strategies for All Stages of Preference Actions (2018)
  • Bankruptcy Seminar Client Series, Dealing with Financially Distressed Customers: Protecting Rights & Maximizing Recovery (2017 – Update to 2013 Lecture Series)
  • Panelist – Intersection of Healthcare and Bankruptcy – BBA Brown Bag Courtroom Series (2017)
  • Guest Lecturer – FIU Law School – Prosecution, Defense & Resolution of Avoidance Actions in Bankruptcy Court (February 2017)
  • Seminar Presenter — Chapter 11 Challenges – Going Beyond the Basics: Pre-Confirmation Middle Stage of Chapter 11s – “In the Trenches . . . “ (2016)
  • Bankruptcy Committee Seminar – Extraordinary Remedies: Proceedings Supplementary and Involuntary Bankruptcy (2015)
  • Bankruptcy Seminar Client Series, Dealing with Financially Distressed Customers: Protecting Rights & Maximizing Recovery (2013)
  • Association of Corporate Counsel, Annual Conference – Handicapping the Playing Field: Addressing Frequent Issues in Bankruptcy Litigation (2013)
  • Bankruptcy Seminar – The Ten Commandments of Commercial Landlords and Tenants in Bankruptcy (2012)
  • Bankruptcy Seminar – Secured Creditor Strategies — Maintaining Triple Threat Position: Push, Posture & Maximize Value (2010)
  • American Association of Matrimonial Lawyers, 32nd Annual Institute, Keep Your Client From Drowning: How To Deal With Bankruptcies and Foreclosures (2010)
  • Bankruptcy Seminar – Divorce Wars: When the DSO Creditor Strikes Back — The Recent Empowerment of a DSO Creditor in Bankruptcy (2010)

AWARDS & RECOGNITION

  • Recognized in Best Lawyers in America, Chambers and Partners, Florida Trend, Legal Elite and Super Lawyers publications.
  • Finalist for Leaders in Law award by South Florida Business & Wealth Publication (2015)
  • “Top 40 Under 40” attorneys in Miami by the Cystic Fibrosis Foundation (2014).
David L. Rosendorf

David L. Rosendorf

David Rosendorf is a partner at Kozyak Tropin & Throckmorton.   For more than 20 years David has focused his practice on representing parties in commercial bankruptcy matters and other insolvency-related litigation.  David regularly advises corporate entities and individuals in pre-bankruptcy workouts and related matters, bankruptcy reorganizations and liquidations, involuntary bankruptcies, receiverships and assignments for the benefit of creditors, prosecution and defense of fraudulent transfer “clawback” actions and other claims brought by trustees and receivers, and post-bankruptcy matters. David’s practice frequently involves litigation arising from Ponzi schemes and other frauds, as well as insolvencies of a variety of businesses including condominium developers, asbestos manufacturers, viatical settlement providers, and companies in the hospitality industry, among others. David’s experience with the intricacies of bankruptcy proceedings and knowledge of bankruptcy law has made him particularly skilled in representing debtors, creditors and other constituencies in various bankruptcy-related litigation matters and appeals as well as complex collection matters.

David’s reputation extends beyond his legal expertise.  David is a well-known food and wine enthusiast and shares his passion for the culinary arts through his widely respected food blog foodforthoughtmiami.com where he introduces his readers to local restaurants and provides commentary on established and rising star.

 

Results

BANKRUPTCY

David represents the largest creditor in the Chapter 11 bankruptcy of a South Florida based company that owned an asphalt refinery in Corpus Christi, Texas, and through vigorous pursuit of objections to the debtors’ initial proposed Plan and sale of the refinery, ultimately negotiated a consensual settlement and Plan that will provide a substantial payment to the client and resolution of related litigation among the parties.

COMPLEX LITIGATION

David has a lead role in the bankruptcy proceedings arising from the billion-dollar Scott Rothstein Ponzi scheme, one of the largest Ponzi schemes in history and the largest in Florida.  David was instrumental in fighting against the Chapter 11 plan that threatened the ability of fraud victims to recover their losses through civil actions against third parties, and in negotiating a favorable treatment for the investors in a confirmed consensual Chapter 11 plan.

APPEALS

David has successfully litigated, and then successfully defended on appeal, two cases decided by the Eleventh Circuit Court of Appeals addressing a creditor’s ability to assert an equitable lien against property claimed as exempt from the reach of creditors under Florida’s homestead exemption.