MELANIE
EMMONS DAMIAN (vCard)
practices
business litigation including officer and director liability,
corporate governance litigation, securities litigation, real
estate litigation, professional negligence litigation and employment
litigation.
Ms. Damian has
represented directors and officers of public and private companies
in a variety of corporate and securities litigation. She has
also counseled companies on corporate governance matters and
served as counsel to special litigation committees performing
internal investigations in response to shareholder derivative
demands. Ms. Damian has also been appointed by the Court to
act as Distribution Agent in Securities matters.
Ms. Damian has represented 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
in employment litigation, 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, including wage
and hour laws, non-competition agreements, theft of trade
secrets, hiring and firing policies, employment agreements,
and employment manuals.
Ms. Damian is AV rated and admitted to practice
in all Florida state courts, as well as the United States
District Courts for the Southern and Middle Districts of Florida,
the Eleventh Circuit Court of Appeals and the United States
Supreme Court. Ms. Damian is a member of the Florida Bar and
the Florida Bar's Business and Labor and Employment Sections.
Ms. Damian serves on the Executive Counsel of The Florida
Bar Business Section. She is also a member of the American
Bar Association and the American Bar Association's Litigation,
Business Law, and Labor and Employment Sections, as well as
the Dade County Bar Association. Ms. Damian is the Chair of
the ABA Business Law Section's Women Business Advocates.
Ms. Damian is a graduate of the University
of Wisconsin (B.A. 1991) and the University of Miami Law School
(J.D. cum laude, 1996) where she was a member of the University
of Miami Law Review. She was also a Fulbright Junior Research
Fellow in Mexico.
Ms. Damian has been recognized as a top lawyer
in the South Florida Legal Guide: Florida Trends Legal Elite
and the Florida Superlawyer. Ms. Damian is active in child
advocacy with Lawyers for Children America and the Guardian
Ad Litem program. She received the pro bono award in 2001
for child advocacy from the Miami-Dade County Bar Association
and Eleventh Judicial Circuit. Ms. Damian also received the
2005 Florida Bar Association Young Lawyer Division Pro Bono
Award for her contribution to the community and the Lawyers
For Children 2005 John Edward Smith Award. In 2006, Ms. Damian
received the Junior League of Miami, Inc. "Woman Who
Make a Difference" award. Additionally, Ms. Damian has
recently received the “2007 Pepsi Everyday Freedom Hero
Award” and “The Florida Bar President's 2008 Pro
Bono Service Award from the Eleventh Judicial Circuit”
for her work with Educate Tomorrow.
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