Overview
Results Oriented. Practical. Responsive. Common Sense. Savvy.
Whether addressing an immediate need or looking for ongoing assistance, with almost 35 years of business related experience, Alan possesses a wide array of knowledge, fostering practical solutions. Alan pinpoints causes and then seeks effective solutions. While his work is litigation-centric, he regularly provides day-to-day strategy, guidance, and advice to companies, management, and C-Suite team members.
Alan is relied upon as a consummate “go-to” resource for clients and colleagues.
Consider retaining Alan for:
- Complex business consulting and business litigation or arbitration
- "Bet the farm" litigation or arbitration
- Franchise advice or related litigation
- Franchise purchases
- Multi-unit franchise sales
- Commercial litigation including alternative or contingent fee arrangements
- Complex commercial landlord-tenant leases and litigation
- Disputes by and between owners of closely held businesses
Alan is a strong proponent of pre-suit dispute resolution and mediation. He has been involved in hundreds of mediated disputes. Alan’s litigation skills have resulted in multiple defense “wins” against multi-million dollar claims. Some resulting in dismissals others resolving for pennies on the dollar. On the claim side, Alan has secured large jury verdicts or settlements, one approaching $75 million and others at seven figures and above.
Alan is beyond well-versed in complex commercial landlord-tenant issues. In fact, Alan is a go-to lecturer on complex commercial landlord tenant topics and has litigated hundreds of landlord/tenant disputes.
In the last few years, Alan has developed an original approach and proficiency in anti-doping matters. In that arena, he won a multi-million dollar jury award for a commercial pilot wrongfully accused of flying a passenger plane while allegedly high on drugs. Alan has also appeared before the World Court of Sport (CAS) representing an athlete accused of taking steroids.
Alan earned a J.D. from California Western School of Law and an LL.M. in real property law from the University of Miami. He received a B.A. from the University of Florida.
Representative Cases & Matters
CASES OR MATTERS OF NATIONAL OR INTERNATIONAL INTEREST
- Counsel to Creditors Committee, BurgerFi International, Inc. “BurgerFi files for Chapter 11 bankruptcy”, CNN 2024
- Counsel to 20 Franchisees, CRIT 2 Corp, et.al. v. Hurricane AMT, LLC, 2024
- Counsel to a Defendant in a multimillion-dollar lawsuit in which a janitorial employee was accused of spreading STDs via water bottle contamination. Matter resolved for pennies on the dollar. “Lawsuit filed after 13 women claim they contracted STD’s from bottles infected by janitor.” ABC 13 Houston, 2023. Fox 26 Houston, 2023-2024
- Counsel to Sponsor of SPAC in connection with successful resolution of dispute with multinational law firm, 2023 -2024
- Counsel to Sponsor of SPAC in connections with bankruptcy proceedings. “Plastiq Files For Bankruptcy As Fintech Troubles Mount,” Forbes 2023, WSJ, 2023
- Counsel to Lynn Wright in $60 billion dispute. “Exclusive: Craig Wright’s ex-wife filing puts Kleiman lawsuit in jeopardy.” July 27, 2020
- “Craig Wright’s ex-Wife puts Kleiman lawsuit in Tailspin," July 27, 2020
- Counsel in Court or World Sport appellate proceeding after an equestrian athlete was found to have used a ban substance, Paulo Sergio Mateo Santana Filho v. Federation Equestre Internationale, Court of Arbitration For Sport, July 22, 2020
- Aviation Performance Solutions, v. Matthews et. al., 2020 WL 2488666
- Aviation Performance Solutions, v. Matthews, 2020 WL 883383
- Swaters Concentra, $6 million settlement, August, 2019
- “Wellington-Based Show Jumper Banned For Years” May,17 2019
- "Green Bay Packers, others seek bankruptcy for West Palm firm that collected race fees," Palm Beach Post, April 10, 2018
- “Hollywood Hologram Wars: Vicious Legal Feud Behind Virtual Mariah, Marilyn and Michael,” Variety, May 28, 2015
- "How Nine Guys made Up Five Guy," South Florida Business Journal, December 12, 2014
- “Palm House Hit with Foreclosure Suit.” Palm Beach Daily News, 2014
- “Alki David Insists Hitler Photo Not Intended As a Threat in Michael Jackson Hologram Lawsuit,” Yahoo News, September 18, 2014
- "Five Guys franchisee files for Chapter 11 Bankruptcy," South Florida Business Journal, June 27, 2014
- “Bankrupt Franchise Owners May Face Battle for Brands” WSJ.com, 2012
- "Devonshire in Palm Beach Gardens hit with $158 million foreclosure," Palm Beach Post, August 16, 2012
- "Playing Chicken, KFC Telling S. Franchises to Remodel Stores or Shut Down," Franchise Times, 2011
- "FAU Profs Settle Dispute, Build Robots," Multiple outlets, February 2005
- Gargiulo NT LP v. First Bank of Immokalee, established the standard of care with respect to reasonable inquiry in relation to PACA Trust Assests, bank lien not defeated by PACA Trust, 1997
- Brother Produce, Inc. v. Maine Potato Growers, Inc., successful defense of largest potato consortium with regard to the shipping of potatoes to South America, 1996
COMPLEX BUSINESS LITIGATION
- Counsel in multiple “family companies” including intra-company or intra-family
- Lead counsel in arbitration against a prominent securities broker/dealer for securities fraud and unfair and deceptive trade practices resulting in a confidential seven figure settlement.
- Lead counsel in successful defense of a control person of a NASD broker dealer in a NASD arbitration proceeding seeking millions of dollars in which all other respondents were found liable or settled.
- Successfully defended a lender in a suit asserting a constructive trust against millions of
- Co-counsel in class action with agreed upon injunctive and declaratory relief having an approximate value in the millions of dollars.
- Co-lead counsel in suit by pilot accused of flying while under the influence of heroin and $6 million dollar payment after jury verdict entered for his client.
- Defense co-counsel in a suit seeking $25 million which was settled for pennies on the
- Represented public company over the course of years in multiple commercial lawsuits including employment- related claims, lender related claims, and claims arising from complex contractual relationships.
- Represented private company with respect to claims made by a minority interest holder where minority interest holder asserted value of its claims exceeded $1 billion.
- Represented high profile CEO of a public company in various claims arising from the bankruptcy of the
- Lead counsel in approximately 200 commercial
- Multiple reported appellate
- Obtained injunction against high profile CEO for cyber-stalking a competitor’s
- Achieved an over 60 million dollar jury verdict for a client whose business was stolen by a
TRADE SECRET, NON-COMPETE
- Counsel in high profile non-compete/restrictive covenant case in which client was sued for $20 million and plaintiff obtained a zero verdict.
- Lead counsel in tortious interference and trade secret theft suit in which a jury entered verdict for client in excess of $60 million.
- Successfully defended entities and employees who were alleged to have violated employment, non- competition or trade secret agreements.
- Successfully obtained injunctive relief against persons or entities violating non-compete
COMMERCIAL LANDLORD / TENANT AND REAL ESTATE
- Lead counsel in which a client disposed of a portion of its apartment building portfolio for in excess of $100 million
- Lead counsel in over 250 commercial evictions.
- Lead counsel in defense of multiple suits brought against owners, landlords, and tenants for allegedly violating the ADA (Americans with Disabilities Act).
- Defense counsel in multiple high-profile foreclosure
- Counsel to multiple receivers.
Honors & Recognition
AV Preeminent® by Martindale-Hubbell
Named one of the Best Lawyers in America (2019-2024)
Selected for inclusion in Florida Super Lawyers (2009, 2010, 2012-2015, 2017-2019)
Selected for inclusion in the Corporate Counsel Edition of Super Lawyers for Litigation
2015 Legal Aid Society of Palm Beach County Real Property Law Award
Selected for inclusion in Florida Legal Elite (2011)
Named one of "South Florida’s Top Lawyers," Miami Metro Magazine (2001)
Titus Center for Franchising, Advisory Board, Chair of the Curriculum Committee
Credentials
Education
University of Miami, LL.M.
California Western School of Law
University of Florida
Admissions – Court
- Courts of the District of Columbia
- Southern District of Florida Trial Bar
- U.S. District Court for the Middle District of Florida
- U.S. District Court for the Southern District of Florida
Admissions – State
- District of Columbia
- Florida
Professional & Civic
Community Involvement
- Legal Aid Society of Palm Beach County (Board Member)
- Palm Beach County Bar Association (Professionalism Committee)