- Representing a creditors’ committee in a telecom case, once the assets were sold, the trade creditors were faced with the possibility of losing any dividend they might receive to the large regional carrier who had dominated the case. Working collaboratively with the committee’s investment bankers, Mr. Charbonneau and his team were able to structure a deal that delivered an excellent return to the trades.
- Reorganization of a not-for-profit hospital in commercial real estate transactions, labor disputes, and executive compensation.
- Defense in a dispute arising from material interests of a hotel in a Florida liquidation matter.
- Representation of an official committee of creditors in the liquidation of a major South Florida home builder, resolving over 300 homeowner claims.
- Defended client in a complex breach of contract involving music publishing rights with over 25 million dollars in future earnings at stake.
- A distressed medical imaging company came to Ms. Calderín for help related to financial difficulties resulting from a cessation of Medicare payments that accounted for 40 percent of its revenues. In the Chapter 11 environment, she filed a lawsuit against the United States of America seeking to lift the Medicare review process that had placed the client in its precarious financial situation. The lawsuit was successful and the review process was lifted. Thereafter, Medicare payments began coming in on a regular basis, allowing the company to meet its operational costs and propose a Chapter 11 Plan of Reorganization.
- International: Represented foreign government in litigation to enforce its intellectual property rights in product manufactured abroad and sold within the United States when importer fraudulently registered the mark as its own. Case settled.
- Construction: Represented contractor on public project against municipality and surety for wrongful termination of construction contract. Contractor obtained a substantial settlement when we managed to plead and survive summary judgment on claim for damage cause by impairment to bondability of contractor caused by wrongful termination, substantially augmenting potential exposure to the municipality and surety.
- Aviation: Represented logistics supplier of overhauled aircraft engines in dispute with airline concerning non-payment for several 747 engines and counterclaims for breaches of warranty and fraud. Obtained an 8 million settlement for the client (which was 100% of what was owed plus my fees).
- Representation for/against Financial Institutions: Represented lender in complex foreclosure involving counterclaims of fraud.
- Construction: Represented condominium association in action against engineers, contractors, and material suppliers for damage caused by water infiltration. Case settled.
- Construction: Represented a condominium association damaged by windstorm in claims against architect and engineers for costs of rebuilding and replacing pipes bringing water to rooftop air conditioning chillers. Case settled when windload analysis established building sway during storm caused pipe damage (and likely could cause substantial additional damage).
- International: Represented foreign investor in local real estate defrauded by local agent with lender's complicity. Case settled when local agent was convicted of criminal fraud based lender's exposure for aiding and abetting.
- International: Represented minority shareholder in foreign cement manufacturing concern squeezed out of ownership and management. Case required litigation in the Dominican Republic, Switzerland, Spain, and Panama, multiple appeals in each jurisdiction, with an end result of an arbitration award in favor of our client.
- Aviation: Represented supplier of military equipment in a dispute with a foreign maintenance overhaul and repair facility concerning its refusal to timely deliver the equipment to a foreign government and US ally. The case was resolved by the issuance of an extraordinary mandatory injunction, compelling the foreign defendant to immediately relinquish the gear and deliver it to the foreign government.
- Aviation: Represented supplier of overhauled commercial aviation landing gears in a dispute with a maintenance repair and overhaul facility concerning claims against the supplier for wrongful replevin. Our client prevailed when the court entered a rare judgment notwithstanding the verdict.
- When a large, not-for-profit, community hospital retained Ms. Calderín to represent them in their Chapter 11 filing; they were in the process of closing on the sale of commercial property in West Miami. She was able to assist her client in obtaining court approval to reject the pending contract, put her marketing and negotiation skills to work and eventually obtained and closed on a deal that resulted in a sale price 100 percent greater than the deal they had on the table when she entered the case.
- As counsel for the official committee of unsecured creditors of a large telecommunications entity, Ms. Calderín worked closely with investment bankers and financial consultants to facilitate an excellent dividend for creditors via the sale of substantially all of the Debtor’s assets for approximately $27 million, under Section 363 of the Bankruptcy Code.
- Represented construction interests in a multi-jurisdiction arbitration matter in an off-shoring drilling excavation.