Cases
Experience: Litigation: Defended a construction chemicals manufacturer in a $200 million breach of contract suit brought by a Mexican marketing company. Obtained a zero verdict at trial.
Defended one of the world's largest chemical research
manufacturing companies in refuting a $100 million claim regarding an alleged oral joint venture in which a Florida jury ultimately returned a defense verdict.
Represented a major Miami High-Rise Development Company in a lawsuit against their former lawyer after the lawyer sought to share in the profits of the real estate venture.
Represented commercial mortgage broker in defense of a claim for breach of contract, breach of the covenant of good faith
fair dealing, negligence,
negligent misrepresentation. Obtained a dismissal of the lawsuit.
Represented a prominent business owner regarding indemnification claims arising out of an equity purchase agreement.
Represented one of the largest private charitable foundations in the United States, in a rare
complex case in which $1.5 million of trust assets had been diverted from their intended purpose
misused by the trustees. The jury returned a verdict in favor of the foundation after a one-week trial, creating new law with respect to the obligations owed by a grantee to a charitable grantor.
Represented a worldwide manufacturer of computer hardware in a claim against a distributor for breach of manufacturing
distribution agreement.
Represented a worldwide manufacturer of construction chemicals in a week-long jury trial regarding allegations that a product defect affected thous
s of homes nationally.
In a highly publicized case, represented a prominent Miami Heat basketball player against claims that he breached a business partnership to license the use of his name for the development of a restaurant chain
for-profit charter schools.
Represented a national developer in a construction defect claim related to the redevelopment of the One Hotel on Miami Beach. Obtained a multimillion-dollar verdict following a two-week jury trial.
Represented a famous professional golf star in connection with multiple legal disputes.
Represented several large medical practices in disputes between management
the employed medical staff over partnership formations
dissolutions.
Represented national chemical manufacturer in product defect case tried before a federal jury related to its national sale of cement hardening additives.
Shareholder, Partnership, Derivative,
Corporate Governance Suits: Represented Luxury Br
Partners
Oribe Hair Care (OHC), manufacturers
distributors of luxury hair care products in a variety of corporate matters.
Represented agricultural developer
produce distributor LLC, as well as its president
majority owner, in corporate governance dispute with the minority owner. At trial court, opposed the minority owner's motion for temporary injunction.
Represented Eller
Company, a large maritime company, in the defense of a hostile takeover bid by a minority shareholder. After almost a year of aggressive litigation
the production of hundreds of thous
s of documents, the shareholder, on the eve of a risky pretrial hearing, agreed to settle the case by dismissing her actions
surrendering her remaining ownership interest in the company in exchange for certain discounted payments to be made by Eller.
Defended publicly traded health care company in a federal securities fraud case brought by corporate shareholders
officers. Plaintiffs sought in excess of $50 million in compensatory
punitive damages. The case was settled without requiring the client or its insurer to pay any monies to the plaintiffs.
Obtained a multimillion-dollar settlement for a cigar manufacturer in a federal derivative action against the officers
directors of the company for breach of fiduciary duties.
Represented former officers
directors of Florida Career Colleges (FCC) in defense of charges brought by a trustee in bankruptcy which is representing the creditors of the failed college. FCC owned
operated 41 for-profit schools in 14 states
, as such, was one of the largest operators of for-profit colleges in the country. The lawsuit, seeking $150 million, alleged mismanagement on the part of the officers
directors.
Represented U.S. subsidiary of global agricultural, commodity trading,
mining company in lawsuit against minority partner. The minority partner sought $40 million in damages, alleging breach of contract, defamation,
breach of fiduciary duty. The case settled for less than five percent of the originally-sought damages.
Construction, Development,
Real Estate Litigation: Represented general contractor in administrative hearings arising from county government's violation of state procurement procedures.
Represented a large university in claims against general contractor for construction defects following an extended jury trial.
Represented Fontainebleau Florida Hotel, LLC, in more than thirty construction claims. The lawsuits stem from the $1 billion redevelopment of a Miami Beach hotel,
were brought by subcontractors
sub-subcontractors involved in the construction.
Represented the owners
developers of a major Miami Beach, Florida hotel in a construction defect case that predates the clients' ownership of the property. Clients filed claims against two contractors for defective stucco
water proofing. The claims were settled, resulting in a payout to the client.
Represented Florida real estate development, sales,
marketing firm in complaint against prominent real estate developer who repudiated a joint venture agreement, seeking damages in excess of $10 million.
Represented the owners
developers of a major Miami Beach, Florida hotel in complex construction defect
lien claim litigation. After litigation, the jury returned a verdict of $3.7 million in damages. The court thereafter awarded the client $2.5 million in attorneys' fees
costs. The case was the third-largest breach of contract verdict in Florida in 2017.
Represented a Florida real estate development, sales,
marketing firm in a lawsuit against a prominent real estate developer who repudiated the parties' joint venture agreement. The original complaint sought $10 million in damages,
the matter is currently on appeal before the Florida Supreme Court.
Represented property owner in a $12 million construction defect claim dispute involving defective concrete
stucco installation that occurred during the construction phase of a luxury hotel located in Miami Beach, Florida. Client sued for breach of contract, breach of performance bond, negligence, breach of statutory warranty, building code violations,
strict liability.
Represented property owner in lawsuit involving various claims by subcontractor
general contractor completing work at a luxury residential development. Owner's claims
defenses centered on construction defects at the site caused by shoddy workmanship.
Represented high-rise luxury condominium in downtown Miami, Florida, in a multimillion-dollar claim against the defunct general contractor
performance bond surety for damages caused by delayed construction. Despite the 13-month delay, surety counterclaimed, dem
ing $20 million in damages due to completion costs. After five years of litigation,
on the eve of an expected six-week trial, the case settled.
Represented Tallahassee condominium complex in disputes regarding construction delays
defects, including defense of claims filed by trade subcontractors for increased scope of work
extended general conditions.
Represented the owner of a regional shopping center in a multimillion-dollar claim against the buyer following a two-week jury trial. The claim related to a breach by a Chicago-based real estate investment trust (REIT) of the earn-out provisions of a purchase
sale agreement.
Represented real estate developer BCOM in defense of an eminent domain proceeding brought by Miami-Dade County seeking to acquire the now famous Miami Circle, a Tequesta Indian site that dates back hundreds of years. The ensuing litigation was settled out of court when the county agreed to pay BCOM's affiliate $28.5 million for the taking, resulting in a substantial profit for the client.
Represented Lennar Corporation in a two-week arbitration proceeding where, despite the U.S. Attorney's conclusion of insufficient evidence to prosecute, proved that the seller of 1,219 acres of l
in Palm Beach County had obtained the governmental development permits through bribery. The arbitrator ruled that such illegal conduct warranted rescission of the contract, return of Lennar's $70 million deposit,
payment of an additional $6 million to cover all of the company's legal
related expenses.
Represented a national real estate developer
Fortune 200 company in a suit against a real estate broker alleging trademark infringement, trademark dilution, tortious interference, defamation,
unfair competition. Obtained preliminary relief, ordering the real estate broker to cease
desist from defaming client's name
marks
the parties then settled the dispute.
Construction
Development Contracts: Represented law firm with respect to all of the construction work for the buildout of its office space at 1450 Brickell, a new Class-A, LEED certified building. H
led the preparation
negotiation of the construction contract, construction manager agreement, architect contract, surety bonds
all other contracts related to the build-out, including those related to cabling, technology,
moving. Oversaw the construction process
addressed all related items, claims,
issues.
Represented a prominent architect in the drafting
negotiation of a $1.35 million contract for the design
development of an 89-unit residential condominium tower
parking garage in Miami's MiMo District. Representation included development of a contract form for the client to use with subcontractor agreements.
Represented LNR Properties, one of the nation's largest Special Servicers in multiple high profile aggressively contested foreclosure cases including the famous Sagamore Hotel
Shore Club hotel
many other large commercial properties.
Represented Leon Medical Center in drafting
negotiating construction contracts for the ground-up construction of two large parking garages as part of Leon Medical Center's new medical complex.
Represented the owners of two historic boutique art deco hotels in drafting
negotiating a construction contract for the interior
exterior renovation of the properties in Miami Beach.
Negotiated
drafted a construction contract for 400+ unit twin residential towers in Broward County, Florida,
h
led all preconstruction legal issues
post contract legal matters.
Drafted
negotiated the construction contracts for the 1111 Lincoln Road mixed-use parking structure located on Miami Beach. Drafted
negotiated payment
performance bonds, assisted with the preparation
negotiation of all contract exhibits,
tackled all preconstruction legal issues.
Represented the University of Miami in the drafting
negotiation of construction contracts for the development of a community composed of 30 single family homes, a club house,
a guard house located in Smathers Four Fillies Farm in Pinecrest, Florida.
Represented Robert Wennett in negotiating the contract for 1111 Lincoln Road mixed-use parking structure on Lincoln Road in Miami Beach. Designed by world-renowned architecture firm Herzog & de Meuron, the project included approximately 107,000 square feet of office space
approximately 40,000 square feet of retail space
restaurants. Drafted
negotiated payment
performance bonds, assisted with preparation
negotiation of contract exhibits
tackled all preconstruction legal issues.
The above representations were h
led by Mr. Kreitzer prior to his joining Greenberg Traurig, P.A.
