The Litigation and Trial team is experienced in complex, high-stakes disputes—both in state and federal courts and in varied arbitrations. That solid reputation and proven ability is why so many businesses rely on our Litigation and Trial team for their most critical matters.

As savvy, experienced litigators, we pride ourselves on our deliberative, aggressive, creative, and effective representation. That approach—and our reputation—helps us frequently reach favorable settlements with opposing counsel without the need to go to court.

We focus on commercial disputes touching key industries such as aviation, construction, housing, real estate, medical, leisure, and entertainment. We’ve successfully counseled, litigated, arbitrated, tried, or settled cases involving, breach of contract, fraud, negligence, trade secret theft, tortious interference, RICO, breach of fiduciary duties, copyright and trademark infringement, creative license disputes, and more.

  • Aviation
    Florida is home to over 2,000 aviation and aerospace companies.  Our litigators have represented clients across the spectrum of this growing industry, from passenger aviation, de-commissioned military aviation sale disputes, defective aircraft parts litigation, and airline/travel agency litigation.
  • Real Estate
    Our real estate team represents developers, private equity groups, REITs, title companies, hedge funds, lenders, and landlords in commercial foreclosures, workouts and restructuring, lender liability, partition actions, and virtually every type of dispute involving real property.
  • Professional Malpractice
    Professionals have heightened levels of duties to their clients; when these duties are breached, the damage to a business can be devastating.  We represent professional companies and individuals damaged as the result of professional malpractice.
  • Construction
    Construction litigation requires expertise in the contractual and legal issues that arise in connection with disputes between property owners, developers, design professionals, suppliers, materialmen, inspectors, insurers and others.  ECC has obtained successful results for clients across the real estate industry in complex construction disputes.
  • Healthcare
    ECC understands the unique challenges of professionals in the healthcare industry. We represent physicians and other healthcare professionals in disputes concerning owners, employment and compensation, contractual arrangements, non-compete covenants, and corporate, partnership, and joint venture agreements. We also represent healthcare providers in federal qui tam actions, including defense of Stark violations and claims under the False Claims Act. Our firm also routinely litigates and achieves favorable results for our clients in disputes arising from the acquisition and sale of health care practices and ambulatory surgery centers.
  • Intellectual Property
    ECC understands the extensive time, effort, and expense involved in creating a brand.  Protection of that intellectual property is paramount to its owner.  ECC has successfully represented intellectual property owners in connection with trademark and copyright infringement matters.

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 entire $8 million due to client, together with all attorney’s fees and costs.
  • 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 United States 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.
  • Represented top 10 airline in fraud dispute against several travel agencies, obtained favorable settlement at early stage of litigation.
  • Represented U.S. based purchasers of military aircraft from the Ministry of Defense of a foreign government, obtaining settlement in an amount far greater than the amount initially believed to be due.

Real Estate

  • Co-represented joint venture participant in dispute concerning complex valuation of ownership interest in urban assemblage.
  • Represented Court-appointed receiver in connection with 400+ unit commercial condominium adjacent to convention center and hotel
  • Represented private equity funds in distressed asset litigation throughout Florida
  • Represented private equity lender against guarantors on $40 million real estate project
  • Represented foreign investor in real estate company 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 foreign hedge fund in litigation against local owners of realty arising from misappropriation of funds

Fiduciary Representation

  • Represented Court-appointed receiver in complex litigation against hotel and convention center owner
  • Represented Chapter 7 Trustee in securities litigation against public company and its officers, directors, and counsel
  • Represented Chapter 7 Trustee in 140 adversary proceedings in connection with bankruptcy of top US decorative foliage company
  • Represented Court-appointed receiver in connection with bankruptcy of developer of residential real estate project
  • Represented Trustee for the beneficiaries of life insurance policies sold by Mutual Benefits Co. involving $826 million in losses to investors.

Professional Malpractice

  • Represented trustee in legal malpractice matter arising from breaches of professional duties of care contributing to demise of publicly traded company and over $60 million in damages
  • 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 FDIC as receiver for national financial institutions.

Construction

  • Co-represented an expressway authority in litigation arising from the development and installation of an all-electronic tolling system.
  • Represented contractor on public project against municipality and surety for wrongful termination of construction contract.
  • 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. The case settled when windload analysis established 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.
  • Represented owner of ultra-high end luxury home in disputes with architect, general contractor, engineer, inspector, and materiel 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.

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 centers, 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.

PRACTICE AREAS

Business Restructuring

The Business Restructuring Team acts to advance the interests of borrowers, professional fiduciaries, or creditors—either through official committees of creditors appointed by the courts, or individually—in the restructuring and liquidation process in both state and federal proceedings.

Litigation and Trial

The Litigation and Trial Team attorneys are experienced in complex, high-stakes disputes—both in state and federal courts and in varied arbitrations. That solid reputation and proven ability is why so many businesses rely on our Litigation and Trial Team for their most critical matters.

Real Estate

Ehrenstein Charbonneau Calderin’s Real Estate Team stays abreast of constantly evolving global real estate trends in order to maintain a thorough understanding of our clients’ needs and business strategies.  We get the deal done.