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KENNETH
DANTE MURENA (vCard)is
a business litigator and trial lawyer who specializes in commercial,
bankruptcy and fraud litigation, in both state and federal court,
at the trial and appellate levels. After graduating from law school
in 1998, Mr. Murena served as the Law Clerk to the Honorable Paul
G. Hyman, Jr., United States Bankruptcy Judge for the Southern
District of Florida. Subsequently, he joined the law firm of Tew
Cardenas LLP and focused his practice on litigation, bankruptcy
and receiverships, representing various entities, including corporations,
corporate debtors-in-possession, individual debtors, creditors
committees, individual and corporate creditors, state and federal
equity receivers, banks and other financial institutions, private
lenders, and defendants in SEC, CFTC and FTC enforcement actions.
Mr. Murena was admitted to the Florida Bar in 1998 and is licensed
to practice in all state and federal courts in Florida and the
United States Courts of Appeals for the Third and Eleventh Circuits.
REPRESENTATIVE CASES
Litigation
- Represented defendants in enforcement actions brought by the
Securities and Exchange Commission, the Commodities Futures Trade
Commission, and the Federal Trade Commission in the United States
District Court for the Southern District of Florida; worked on
the legal team that represented the Estate of George Batchelor
in the $500 million fraudulent transfer action arising from the
leveraged buyout of International Air Leases, Inc., which filed
for Chapter 11 reorganization in the United States District Court
for the Southern District of Florida; represented the Federal
Equity Receiver of Viatical Capital, Inc. and its affiliates in
a fraudulent transfer action that resulted in a jury trial in
the United States District Court for the Middle District of Florida
against the brokers of the receivership entities who received
commissions in exchange for selling fraudulent investment products
to investors; represented class representatives in a class action
filed in the Mutual Benefits Corporation federal equity receivership
proceeding in the United States District Court for the Southern
District of Florida, which after less than one year of litigation,
returned $105 million dollars – a 100% recovery –
to the class representatives and all members of the class; worked
on the legal team that successfully defended Steel Hector &
Davis in a $500 million legal malpractice case that arose from
the collapse of Southeast Bank.
Bankruptcy
- Chapter 11 Reorganizations - Worked on the legal teams that
represented debtors-in-possession, including national and international
corporations (Beverage Canners International Corp. involving $63
million of debt; CHS Electronics, Inc. involving $725 million
of debt) and real estate developers (New Florida Properties Corp.
reorganization involving $102 million of debt); Creditors' Rights
- worked on the legal teams that represented various creditor
interests in Chapter 11 reorganizations and converted liquidations,
including individual creditors (Estate of George Batchelor in
International Air Leases, Inc. reorganization), corporate creditors
(Unipro Foodservice, Inc. in United Container, LLC reorganization,
resulting in favorable decision: E.S. Bankest, LLC v. United Beverage
Florida, LLC, 284 B.R. 162 (Bankr. S.D. Fla. 2002)), banks and
other lending institutions (Wilmington Trust Company, as indenture
trustee, in Atlas Air, Inc. reorganization involving over $1 billion
in debt) (1st Source Bank in Amerijet International, Inc. reorganization),
private lenders (Carnival Cruise Lines, as post-petition secured
lender under Revolving Credit Facility in GoCruiseDirect.com reorganization),
bankruptcy trustees (Aerofloral, Inc. reorganization/liquidation),
liquidating trustees (United Petroleum/Farm Stores reorganization),
and corporate landlords (The Walt Disney Company in Estrellamundo
of California, LLC reorganization/liquidation).
SEC Receiverships
- Worked on the legal team that represented the Federal Equity
Receiver appointed by United States District Court for the Southern
District of Florida in the receivership case of Securities and
Exchange Commission v. Viatical Capital, Inc., et al. ( www.lifereceivership.com),
where the receivership entities fraudulently sold over $59 million
in securities in the form of viatical insurance policies and investor
and creditor claims total over $50 million, and the Receiver successfully
marshaled over $25 million in assets and allowed claimants are
expected to receive an unprecedented 50% distribution. Worked
on the legal team that represents the Federal Equity Receiver
appointed by the United States District Court for the Southern
District of Florida in the case of Securities and Exchange Commission
v. Pension Fund of America, et al (www.pfareceivership.com), where
the receivership entities fraudulently sold over $120 million
in securities in the form of long-term investment products and
investor and creditor claims are estimated to total over $75 million,
and the Receiver successfully marshaled over $20 million in assets
to be distributed to the defrauded investors and creditors.
Federal Appeals
- Successfully defended an airline in a Federal appeal that created
new law in the United States Court of Appeals for the Third Circuit
regarding the issue of multiple occurrences for purposes of insurance
coverage in the context of a airplane crash: Flemming v. Air Sunshine,
Inc., 311 F.3d 282 (3d Cir. 2002); represented defendants in enforcement
actions brought by the Commodities Futures Trade Commission and
Federal Trade Commission in the United States District Court for
the Southern District of Florida and appealed to the United States
Court of Appeals for the Eleventh Circuit.
REPRESENTATIVE
PUBLISHED DECISIONS
E.S. Blankest,
LLC v. United Beverage Florida, LLC (In re United Container, LLC),
284 B.R. 162 (Banker.
S.D. Fla. 2002).
Flemming v.
Air Sunshine, Inc., 311 F.3d 282 (3d Cir. 2002).
Harbaugh v.
Vardinoyannis, 2006 WL 1816463 (S.D. Fla. June 2, 2006).
BAR &
COURT ADMISSIONS
Florida (1998)
The United
States District Courts for Southern, Middle and Northern Districts
of Florida (2001)
The United
States Courts of Appeals for the Eleventh and Third Circuits (2001)
EDUCATION
University
of Florida College of Law (J.D., 1998)
Florida Law Review (Senior Articles Editor, 1997-1998)
Journal of Law & Public Policy (Senior Articles Editor, 1996-97)
Legal Research & Writing (Honors, 1995; Assistant Instructor,
1996)
Appellate Advocacy (Honors, 1996; Assistant Instructor, 1997)
Professor Jerold H. Israel (Research Assistant, 1997-1998)
Alachua County State Attorney's Office (Certified Prosecutor Intern,
1998)
University
of Florida College of Liberal Arts & Sciences (B.A., with
Honors 1995)
Four-Year Scholar of the Highest Distinction (top 1% of class)
Phi Beta Kappa (Inducted Fall 1994)
Hall of Fame (Inducted Spring 1995)
PROFESSIONAL & COMMUNITY INVOLVEMENT
American Bar
Association (Member, Litigation & Federal Courts Sections)
Florida Bar (Member, Business Law Section)
Dade County Bar Association (Member)
Bankruptcy Bar Association (Member)
Italian American
Bar Association (Member)
Educate Tomorrow (Mentor and Volunteer)
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