GUY F. GIBERSON (vCard) focuses his practice on commercial litigation. He is an experienced litigator who handles all types of complex commercial matters including corporate litigation, securities litigation, professional liability, construction litigation, real estate litigation, employment litigation and all types of appeals. Mr. Giberson has extensive experience in class action litigation, fraud litigation and receivership litigation. He is also experienced in handling insurance coverage and bad faith litigation.

Practice Areas and General Experience

Mr. Giberson handles litigation at the trial and appellate levels in state and federal courts, in administrative proceedings and in arbitration. For example, Mr. Giberson has (i) obtained a complete dismissal of a $5,000,000 claw back claim brought by an equity receiver against a former investor investment fund that had been operated as a Ponzi scheme, (ii) represented five different investors in claw back actions brought by the same federal court appointed receiver for claims totaling over $4,000,000 that were ultimately settled on terms that were highly favorable to the defendants, (iii) recovered $1,000,000 from a commercial bank on behalf of an equity receiver for claims arising out of the bank’s previous relationship with the receivership entity, (iv) successfully represented one of Florida’s largest homeowner’s associations in a litigation that successfully blocked the construction of a big box store near its members’ homes, (v) defended a large national law firm in a legal malpractice action arising out of an over $100,000,000 jury award that ultimately settled on terms that were favorable to the defendants, (vi) represented several equity receivers in claims against third parties and in administering receivership entities that ultimately returned millions of dollars to defrauded investors, (vii) represented scores of individual investors and brokers in arbitration actions against broker dealers, (viii) represented numerous developers, owners, contractors and sub-contractors in construction defect and breach of contract actions, and (ix) represented both plaintiffs and defendants in numerous class action litigations, including a securities class action case in which he recovered $700,000 from the former proprietor of an alleged Ponzi scheme.

Representative Clients

Mr. Giberson has represented numerous institutions and companies including financial institutions, banks and insurance companies. For example, Mr. Giberson has represented Kimco Realty Corporation, L-3 Communication, Citizens Property Insurance Corporation, Miami-Dade County School Board, Aequicap Insurance, Liggett Vectors Brands (formerly Liggett Group), Barclays (formerly Lehman Brothers), Whole Foods Market, Fifth Third Bank, Bank of America, Sunbeam Corporation, Florida Standardbred Breeders and Owners Association, Lazard Ltd. (formerly Lazard Frerès & Co.), Merrill Lynch, Credit Suisse First Boston, Discover Insurance Company, Terranova Corporation, Equity One, Inc., Sunbeam Corporation, Liberty Mutual Insurance, AMS Staff Leasing and The NASDAQ Stock Market.

Appellate Experience

Mr. Giberson is a highly experienced and successful appellate attorney who represents both (i) clients he represented at the trial court level and (ii) clients represented by other attorneys at trial. He is qualified to represent both plaintiffs and defendants in all of Florida’s appellate courts in practically any type of case. Mr. Giberson’s most recent appellate decisions, include the following:

          - Ebright v. Blancer, 2010 WL 4157131 (2d DCA 2010) (affirming defense verdict in trucking accident case involving two deaths and potentially tens of millions of dollars in damages).

          - Citizens Property Insurance Corp. v. European Woodcraft & Mica Design, Inc., __ So.3d ___, 2010 WL 3766792 (Fla. 4th DCA September 29, 2010) (reversing trial court ruling in holding that insurance broker was not the “agent” with power to bind insurance company).

          - Telemundo Television Studios, LLC v. Aequicap Ins. Co., 38 So.2d 807 (Fla. 3d DCA, June 16 2010) (affirming trial court’s finding of no coverage for truck driver not listed as a named insured on trucking company’s policy).

          - Biscayne Dollar Store, Inc. v. Green East No. 2, Ltd., 29 So.2d 397 (Fla. 3d DCA, March 3, 2010) (affirming trial court’s summary judgment in favor of landlord enforcing guaranty against tenant who claimed that stricken language in guaranty created ambiguity).

Mr. Giberson is admitted to practice in Florida and New York, the United States District Courts of the Southern and Middle Districts of Florida and the United States Court of Appeals for the Eleventh Circuit. He is a member of the Florida Bar, the New York Bar, the Miami-Dade County Bar Association and the American Bar Association.

Education

Mr. Giberson earned his J.D. at the University Of Miami College Of Law (1996) where he graduated magna cum laude. While attending law school, Mr. Giberson was a member of the University of Miami Law Review where he served on the Executive Board as an Articles and Comments Editor. He is the recipient of book awards for criminal law and criminal procedure and was admitted to the Order of the Coif.

Mr. Giberson earned a B.A. (with distinction) from the University of Michigan, Ann Arbor (1992) where he majored in economics.

Previous Employment

Mr. Giberson was formerly a partner at the law firm of Tew Cardenas, LLP and Wadsworth Huott, LLP in Miami, Florida and an associate attorney at Latham & Watkins in New York, New York.