Experience. Focus. Results.

Commercial and Business Disputes

DGR’s core trial practice rests on the effective litigation of disputes with, between and among businesses. Our experience in a tremendously broad range of industries means we can quickly understand how your business works and bring our expertise to bear with the goal of getting you back to doing business.

  • Represented South Pacific national airline regarding commercial jet airline engine lease contract return conditions after lessor drew down 3.5 million line of credit. Successful result with client receiving return of drawn line of credit and legal fees. Reported decision in Air Caledonie Intern. v. AAR Parts Trading, Inc., 315 F.Supp.2d 1319 (S. D. FLA 2004).
  • Represented national clothing distributor in breach of contract dispute with offshore manufacturer. Prevailed on summary judgment, securing judgment, interest and fees, of nearly $1 million.
  • Represented commercial aircraft engine owner in suit against repair facility for damage to engine. Successful result with pre-suit settlement for full damages of approximately $1 million.
  • Served as general litigation counsel to commercial cargo airline. Successfully resolved, through court proceedings and outside of court, a broad range of disputes with vendors, service providers and customers.
  • Represented entity and celebrity golfer in licensing dispute over four-year deal for signed golf photos and memorabilia. Successfully defended punitive damages claim.
  • Represented European luxury yacht manufacturer in defense of suits brought throughout U.S. in connection with actions of prior dealer, possible dealer fraud, and anti-trust. Successful dismissals by Courts and settlements in multiple jurisdictions.
  • Represented software company in collection from timeshare real estate industry customers.
  • Represented mulch manufacturer in commercial dispute with tree grower involving antitrust allegations. Successful resolution through settlement.
  • Represented real estate developer in defense of multiple disputes over preconstruction deposits on an 80-unit, three story luxury townhome development. Successful resolution through trial and appeal, as well as settlement of several suits.
  • Represented Japanese bank in suit over 2 golf courses purchased with part of $100 million loan proceeds; pre-judgment attachment of one golf course and garnishment of sale proceeds of second golf course, along with aggressive allegations of fraudulent transfer, led to successful collection effort. Reported decision in Sanwa Bank v. Kato, 734 So.2d 557 (Fla. 5th DCA 1999) (state court, Orange County).
  • Represented several receivers appointed by Courts in various commercial suits.
  • Sued for foreclosure of office building and appointment of receiver. Action pending; negotiations regarding environmental issue and deed in lieu. (Multiple actions).
  • Contested Chapter 11 bankruptcy of single owner, contiguous office buildings, seeking to cram down long-term payment terms, with 3% interest rate, on secured creditor. Successful result, after contest, with dismissal of bankruptcy, infusion of capital, and modification of mortgage loan.
  • Sued for foreclosure of office building and appointment of receiver. Defendants asserted tortuous interference with potential sale, with sale lost. Successful result with foreclosure sale, assignment of credit bid rights, and appointment of receiver.
  • Sued for foreclosure on office building and appointment of receiver. Successful result with lender taking title and retaining building.
  • Sued on behalf of property investor group for foreclosure and appointment of receiver. Successful result with lender taking title, and recovering substantial deficiency in a contested trial.
  • Represented investment property owner in negotiation of modification with regional lender. Successful negotiation with dismissal of foreclosure.
  • Sued for foreclosure of a 26-building apartment complex damaged by Hurricane Wilma and appointment of a receiver. Successful result with institutional investor contracting for an option period, construction and purchase within six months of foreclosure sale.
  • Represented of principals of owner in connection with claims raised in bankruptcy of SPE condominium development project; sale of 40 remaining units at bankruptcy auction; channeling injunctions and new value.
  • Represented of lender in connection with sale of second mortgage debt, after Chapter 13 bankruptcy of individual owners.
  • Represented of lender in connection with disputed commercial foreclosures and deficiency actions: undeveloped, intracoastal property; undeveloped acre in Arcadia; improved commercial apartment complex.
  • Represented a Florida-based pharmaceutical inventor in federal court and before JAMS in a licensing agreement dispute. The federal suit and arbitration alleged that the licensee secretly pocketed millions in royalty and milestone payments that were due to the inventor and filed a baseless patent challenging the inventor’s intellectual property.
  • Defended execution measures in federal diversity action against a national firm owing on a $2 million judgment. Defended third parties in proceedings supplementary and against supplemental fraudulent transfer, alter ego and successor liability allegations.
  • Represented hotel management-investment group in a state-court action against its former commercial bank-lender for unjust enrichment after the lender wrongfully retained $1.2 Million in cash collateral when the bank foreclosed, sold the property with a surplus and was fully paid on the loan.
  • Lodged claims of breach of contract, unjust enrichment, violations of Florida’s Deceptive and Unfair Trade Practices Act and conversion in a federal diversity suit against an American aircraft parts dealer that simply kept $1,180,000 that a German aircraft buyer wired for aircraft engines without actually providing the engines.

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