MELANIE E. DAMIAN (vCard) represents public and private companies and individuals in a variety of complex business and securities litigation.   Ms. Damian regularly serves as a Court appointed Receiver and Distribution Agent in Securities matters and state court matters, as well as, serving as counsel to Receivers serving in both state and federal court (for a more extensive look at past representation and service click on the “Experience” tab).  Ms Damian counsels companies on corporate governance matters and served as counsel to special litigation committees performing internal investigations in response to shareholder derivative demands. She also represents officers and directors in corporate and securities litigation matters.

Ms. Damian represents a number of local and national developers in real estate and brokerage disputes and has represented national law firms in a variety of legal malpractice matters, including those involving allegations of malpractice in connection with failed advocacy, failed transactions, and the failure of financial institutions.

Ms. Damian also has substantial experience advising executives on contractual and compensation matters and litigating executive and general employment matters, including representation and counseling on behalf of national and local companies in discrimination and harassment claims including Title VII (sex, race, national, origin, religion, and retaliation); ADEA (age), ADA (disability), FMLA (Family Medical Leave Act), FLSA (Fair Labor Standards Act), Section 1981, and the Florida Civil Rights Act. She also has experience in counseling clients and litigating issues concerning various employment related issues, non-competition agreements, theft of trade secrets, hiring and firing policies, employment agreements, and employment manuals.

Ms. Damian has received several professional acknowledgements.  Most recently, she was listed as one of the Top 50 Women Lawyers in the state of Florida by Florida Super Lawyers magazine.  Ms. Damian has also been included in Florida Trend’s Legal Elite and the South Florida Legal Guide since 2004.

Ms. Damian is active in child advocacy and is a founder of the non-profit Educate Tomorrow.   Ms. Damian currently serves as Chair of the Florida Bar Business Law Section’s Pro Bono Committee.  Ms. Damian received numerous awards for her service including:  The pro bono award in 2001 for child advocacy from the Miami-Dade County Bar Association and Eleventh Judicial Circuit;  The 2005 Florida Bar Association Young Lawyer Division Pro Bono Award; The Lawyers For Children 2005 John Edward Smith Award;  2006 Junior League of Miami, Inc. “Woman Who Make a Difference” award;  “2007 Pepsi Everyday Freedom Hero Award” and “The Florida Bar President’s 2008 Pro Bono Service Award.

Melanie E. Damian

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Areas of Practice:

• Business Litigation
• Officer and Director Liability
• Corporate Governance Litigation
• Securities Litigation
• Real Estate Litigation
• Professional Negligence Litigation
• Employment Litigation

Admitted to Practice:

• The Florida Bar 1996
• The U.S. District Courts for the Southern & Middle Districts of Florida
• Eleventh Circuit Court of Appeals
• United States Supreme Court

Organizations & Committees:

• The Florida Bar Federal Court Practice Committee:  Vice Chair
• Southern District of Florida Bench Bar Conference Committee 2012
• The Florida Bar (Business Law Section):  Executive Council
• American Bar Association (Litigation, Business Law and Law Practice Management Sections):  Chair of the Business Litigation Section Women Business Advocates
• Dade County Bar Association:  Vice Chair of Business Outreach Committee
• Women’s Chamber of Commerce of Miami-Dade:  Past President
• Educate Tomorrow: Chair of the Board
• SEED School of Miami:  Board Member

Acknowledgements:

• AV Rated by Martindale-Hubbell
• The Florida Bar President’s Pro Bono Service Award (2008)
• South Florida Legal Guide (2011)
• Florida Trend’s Legal Elite (2011)
• Florida Super Lawyer (2011)

Education:

• University of Wisconsin (B.A. 1991)
• University of Miami Law School (J.D. cum laude, 1996)

Notable Receivership & Class Counsel Cases

• U.S. Securities and Exchange Commission v. Marc Roup et al., Case No. 09-CD-01685, pending in the Western District of Pennsylvania, Court-Appointed Receiver
• U.S. Securities and Exchange Commission v. Sean Healy, et al., Case No. 1:09-CV-1330, pending in the United States District Court, Middle District, Pennsylvania, Court-Appointed Receiver
• U.S. Commodity and Futures Trading Commission v. Sean Nathan Healy, et al., Case No. 1:09-CV-1331, pending in the United States District Court, Middle District, Pennsylvania, Court-Appointed Receiver
• Fannie Mae v. Residences at 107 Avenue, Inc, Case No. 11-14926 CA32, pending in the Eleventh Judicial Circuit in and for Miami-Dade County, Florida, Court-Appointed Receiver
• Wauchula State Bank v. Ridobel Gonzalez et al, Case No. 10-37523 CA-13, pending in the Eleventh Judicial Circuit in and for Miami-Dade County, Florida, Court-Appointed Receiver
• U.S. Mortgage Finance II, LLC v. 3079 Aventura Lakes, LLC, Case No. 09-59337CA13, pending in the Eleventh Judicial Circuit in and for Miami-Dade County, Florida, Court-Appointed Receiver
• U.S. Mortgage Finance II, LLC v. 1910 Island, LLC, et al, Case No. 09-59348CA13, pending in the Eleventh Judicial Circuit in and for Miami-Dade County, Florida, Court-Appointed Receiver
• State of Florida Office of Financial Regulations v. Robert Kurland Mortgage Co., Inc., Case No. 05-11974 CA 30, pending in the Eleventh Judicial Circuit in and for Miami-Dade County, Florida, Court-Appointed Receiver
• U.S. Mortgage Finance II, LLC v. 1406 Mystic Point, LLC, Case No. 09-59351 CA 13, pending in the Eleventh Judicial Circuit in and for Miami-Dade County, Florida, Court-Appointed Receiver
• Amanecer Investment Company, LLC v. Amanecer Christian Network, Inc., et al., Case No. 06-7931-CA-31, Eleventh Judicial Circuit Court in and for Miami-Dade County, Florida, Counsel for Receiver
• Floriano de Alencar Filho v. Mony Life Ins. Co. of the Americas, Ltd, Case No. 06-23093-CA-21, Eleventh Judicial Circuit in and for Miami-Dade County, Florida, Court-Appointed Class Counsel
• Securities and Exchange Commission v. Concorde America, Inc., et al., Case No. 05-80128-CIV-ZLOCK/SNOW, United States District Court, Southern District, Miami Division, Court-Appointed Distribution Agent
• Securities and Exchange Commission v. Bio-Heal Laboratories, Inc., et al., Case No. 05-21116-CIV-SEITZ/O’SULLIVAN, United States District Court, Southern District, Miami Division, Court-Appointed Distribution Agent
• Securities and Exchange Commission v. Charles O. Morgan, Jr., as Personal Representative of the Estate of Frederick J. Kunen, Case No. 07-22204-CIV-GOLD/TURNOFF, United States District Court, Southern District, Miami Division, Counsel for Receiver
• Nancy Butler-Jones, and Hywel Jones, Nelson I. Del Toro, Mehmet Sahin, Linda Meyers, and William Davis v. Sterling Casino Lines, L.P., Sextant Sterling I, Inc., and John Brevick, Case No. 6:08-cv-01186-ACC-DAB, United States District Court, Middle District, Orlando Division, Court-Appointed Class Counsel
• Guillermo Santacruz, et al. v. Velocity Express Corporation, Velocity Express Leasing, Inc., Velocity Express, Inc., Case No. 1:08-cv-21591-WMH, pending in the United States District Court, Southern District, Miami Division, Counsel for Plaintiffs, Served on Court Appointed Executive Committee for Class Plaintiffs in Multi-District Suit
• Jerry Gustin, et al. v. Paul A. Hoffman, et al., Case No. 6:08-cv-00057-Orl-31-DAB, United States District Court, Middle District, Orlando Division, Court-Appointed Class Counsel
• Armando Sicard, Karen Cirillo, and Alexis Jose Nevares v. Aquasino, LLC, Case No. 08-20976-CIV-LENARD/GARBER, United States District Court, Southern District, Miami Division, Counsel for Collective Class Action Plaintiffs