Michael D. Ehrenstein

Partner

T: 305.722.2002
mde@ecclegal.com

AREAS OF PRACTICE

Litigation and Trial




Michael Ehrenstein is a founder of Ehrenstein Charbonneau Calderin. He concentrates his practice in the litigation and trial of complex damage cases, particularly in matters involving cross border disputes, professional malpractice, and matters arising in the real estate, health care, construction, transportation and aviation industries.

Representative Matters

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 attorney fees).
  • 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.
  • 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.

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.
  • 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.
  • 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.
  • Represented importer of foreign cigarettes and cigars in dispute with Department of Justice arising from alleged non-payment of certain excise taxes.
  • Represented foreign hedge fund in litigation against local owners of realty arising from misappropriation of funds.
  • Represented foreign investors in floral business concerning joint venture dispute.

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.
  • 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 wind load analysis established that building sway during storm caused pipe damage (and likely could cause substantial additional damage).
  • Represented condominium association in action against engineers, contractors, and material suppliers for damage caused by water infiltration. Case settled.
  • Co-represented an expressway authority in litigation arising from the development and installation of an all-electronic tolling system.
  • Represented owner of ultra-high end luxury home in disputes with architect, general contractor, engineer, inspector, and material providers concerning flawed workmanship and materials which caused excessive water intrusion.
  • Represented purchaser of watercraft business in dispute with seller arising from seller’s misrepresentations concerning financial performance of the company, and condition of the property.

Financial Institutions

  • Represented lender in complex foreclosure involving counterclaims of fraud.

Professional Malpractice

  • Represented seller of interests in hotel development and operations in an action against his former counsel for negligence and breach of fiduciary duty in the negotiation and perpetration of purchase and sale documents.
  • Represented investor in litigation finance agreement in litigation against counsel for negligence, breach of fiduciary, fraud, and aiding and abetting fraud in the settlement of underlying lawsuit.
  • Represented trustee in legal malpractice matter arising from breaches of professional duties of care contributing to demise of publicly traded company.

Healthcare

  • Represented national ambulatory surgery center business in the enforcement of terms of purchase and sale of an ophthalmologist business.
  • Represented investment fund in complex series of interrelated lawsuits stemming from the purchase and sale of a imaging center, including negotiation and resolution of qui tam action.
  • Represented physician in the nullification of restrictive covenants and re-establishment of his ownership interest in an ambulatory surgery center business.
  • Represented physician in dispute concerning termination of partnership and enforcement of non-compete provisions arising in the context of an ambulatory surgery center.
  • Represented public company owner of ambulatory surgery centers in dispute arising from acquisition of multiple facilities.

Real Estate

  • Co-represented joint venture participant in dispute concerning complex valuation of ownership interest in urban assemblage.

Intellectual Property

  • Represented owner of trademark and trade name in dispute arising from infringement of the mark by national distributor of diet products.
  • Represented owner of trademark and trade name in dispute arising from infringement of the mark by foreign producer and importer of certain shoe brands.
  • Represented owners of trademark and trade name of in dispute arising from sale and assignment of mark, and subsequent infringement, by competing restauranteur.

Reported Decisions

  • Amsurg New Port Richey, FL, Inc. v. Vangara. 84 So.3d 1034, 2011 WL3925475
  • Anderson Windows, Inc. v. Hochberg. 997 So.2d 1212, 2008 WL5352143
  • Friedman v. Moldo. 103 So.3d 165, 2012 WL6685649
  • Isle of St. Johns, Inc. v. Sleighter. 990 So.2d 1074, 2008 WL2908103
  • Sun Microsystems of California, Inc. v. Engineering and Mfg. Systems, C.A. 682 So.2d 219, 1996 WL637279
  • Hayim Real Estate Holdings, LLC. v. Action Watercraft Intern. Inc. 15So.3d724, 2099 WL2032368
  • Henderson v. Reyes. 702 So.2d 616, 1997 WL770881
  • Kertesz v. Spa Floral, LLC. 994 So.2d 473, 2008 WL4791289
  • Caronte Enterprises, Inc. v. Berlin. 668 So.2d 233, 1996 WL46894
  • Hedge Capital Investments Ltd. V. Sustainable Growth Group Holdings, LLC. 952 F.SUPP.2d 1300, 2013 WL3376776
  • Sunset-Miami Investments, Inc. v. F.D.I.C. 2010 WL3385190
  • Gomez v. BankUnited. 2011 WL 114066
  • Blum v. Pension Investors Corp. 671 So.2d 164, 1996 WL61142
  • Shapiro v. Tulin. 60 So.3d 1166, 2011 WL1878014
  • Rintin Corp., S.A. v. Domar, Ltd. 476 F.3d 1254, 2007 WL273557
  • Rintin Corp., S.A. v. Domar, Ltd. 374 F.Supp.2d 1165, 2005 WL1458024
  • Rintin Corp., S.A. v. Domar, Ltd. 403 F.Supp.2d 1201, 2005 WL3274559

Awards & Recognitions

  • Florida Super Lawyers
  • South Florida Legal Guide, recognized as Top Lawyer
  • Named “Best of the Bar” by South Florida Business Journal
  • AV® Preeminent™ rated by Martindale-Hubbell
  • Fellow, Litigation Counsel of America
  • Complex Commercial Litigation Institute
  • Peter Perlman Service Award recipient
  • LCA Trial Master Certification

Publications

  • A Moralistic Approach to the Ozone Depletion Crisis, University of Miami Inter-American Law Review
  • Chapter 2A of Secured Transactions in Florida, 1990

Speaking Engagements

  • Moderator, Professionalism within Client Issues, Complex Commercial Litigation Institute, 2015
  • Speaker, Paris Air Show on the Legal Issues Surrounding the Development and Use of Unmanned Aerial Vehicles, January 2000
  • Numerous CLE presentations regarding; Conflicts of Interest, Deposition Preparation and Tactics, the Tao of Cross Examination
  • Panelist and Distinguished Guest Speaker concerning Predictive Coding at Litigation Counsel of America Conference, 2013
  • Panelist and Distinguished Guest Speaker, concerning the use of technology assisted review at the Litigation Counsel of America Conference, 2014

Professional and Community Activities

  • Board Member, Operation Homefront Regional Advisory Board
  • Abacus Worldwide, Board Member, helped to start and grow a broad international alliance of accounting and legal professionals
  • Fellow, Litigation Counsel of America
  • Treasurer, Complex Commercial Litigation Institute of the Litigation Counsel of America
  • Member, Trial Law Institute of the Litigation Counsel of America
  • Member, Diversity Law Institute of the Litigation Counsel of America
  • Middlebury College Alumni Interviewer
  • Greater Miami Hillel, Former Outside Board Member and Chair
  • Member, Florida Association of Managing Partners
  • PADI Certified Scuba Diver
  • United States of America Goju Federation, 5th Dan
  • Member, NRA
  • Frontsight Firearms First Family
  • Florida Association of Managing Partners

EDUCATION

  • Juris Doctor, cum laude, University of Miami School of Law
  • Bachelor of Arts, Philosophy, Middlebury College

Admitted to

  • Florida Bar
  • Eleventh Circuit
  • United States District Court for the Southern District of Florida
  • Trial Bar, Southern District of Florida