Business & Commercial Litigation

Florida Third District Court of Appeal affirming the trial court’s order vacating a default judgment in foreclosure action, finding excusable neglect properly established where the default resulted from attorney abandonment rather than client conduct. Foreclosure defense / appellate litigation.

Satellite discovery litigation in the Southern District of Florida arising from a trade secret misappropriation dispute in the biotech manufacturing industry. The Burton Firm represented a Florida-based non-party witness subject to a deposition subpoena; when the plaintiff sought to extend her deposition beyond fourteen hours of prior testimony, the court denied the motion under Rule 30(d)(1), finding no good cause to reopen discovery against a non-party witness.

Represented a former biotech executive in a Southern District of Florida employment lawsuit alleging wrongful termination, sexual harassment, and hostile work environment under Title VII, as well as defamation, invasion of privacy (public disclosure of private facts), fraudulent misrepresentation, negligent misrepresentation, intentional infliction of emotional distress, and negligent infliction of emotional distress under Florida law. The court found a prima facie basis for sanctions under its inherent power and 28 U.S.C. § 1927 based on the defendant’s repeated failure to disclose an Employment Practices Liability Insurance policy covering her claims, in violation of Fed. R. Civ. P. 26 and Fla. Stat. § 627.4137. Final ruling was reserved pending full development of harm; the defendant’s cross-motion for sanctions was denied as meritless.

Securities fraud action on behalf of plaintiff Janos Solyom, who claimed he was induced by an alleged “boiler room” operation to purchase stock and pay advance fees to fictitious companies. Claims were brought under Section 10(b) of the Securities Exchange Act and Rule 10b-5, along with common law fraud, negligent misrepresentation, and civil conspiracy. The Southern District of Florida denied summary judgment, finding genuine issues of material fact on both agency attribution and the statute of limitations discovery rule.

Final judgment in the Eleventh Judicial Circuit, Miami-Dade County, on claims arising from breach of promissory notes.

Jury verdict for plaintiff Rumbaut & Company, Inc. after a five-day trial in Miami-Dade County. Julio Rumbaut, a veteran media broker and co-founder of Telemundo of Florida, alleged that he introduced two Spanish-language broadcasting groups, facilitated their negotiations, and was then cut out of the joint venture they formed without notice or compensation. Claims for unjust enrichment, quantum meruit, and civil conspiracy.