PETER F. VALORI

Mr. Valori graduated from Pennsylvania State University (B.S., 1991) and the University of Miami School of Law (J.D., magna cum laude, 1994) where he was a member of the University of Miami Law Review.

Representative Cases

I. Corporate and Securities Litigation

CNV, L.L.C. v. Edward L. Hibshman, 11th Judicial Circuit, Case No. 00-06283 CA 22: Mr. Valori represented a corporation in a declaratory judgment action seeking declaration that the dilution of a minority shareholder's interest in a multi-million dollar real estate development investment entity was appropriate where the shareholder failed to attend meetings or participate in the decision-making process.

Outcome: Successfully obtained verdict following bench trial declaring dilution appropriate.

Herbert Rose v. Village of Kings Creek Condominium Association, et al., 11th Judicial Circuit, Case No. 98-10157 CA 13: Mr. Valori represented the current and former directors of a condominium association regarding claims brought by a condominium owner/former counsel for the association alleging breach of fiduciary duty, fraud, financial improprieties, and mismanagement. The representation included two interlocutory appeals, one of which resulted in a decision substantially limiting the liability of the condominium association's current and former directors as a matter of law and a substantial attorneys' fees award in favor of the current and former directors.

Outcome: Successfully obtained amicable settlement.

Andrew I. Telsey and Cynthia Telsey v. Joseph Lents, et al., District Court, Arapahoe County, Colorado, Case No. 02-CV2390: Mr. Valori represented former officers and directors of a publically held company in an action by investors for alleged fraud in connection with the sale of securities pursuant to a subscription agreement.

Outcome: Successfully obtained judgment dismissing all claims.

II. Intellectual Property and Trade Regulation Litigation

Dippin' Dots, Inc. v. Concessions a La Mode, Inc., Frosty Bites Distributor of Florida, Inc., Frosty Bites Retail of Florida, Inc. and F. Robert Esty, Jr., United States District Court, Southern District of Florida, Case No. 00-1981-CIV-HUCK: Mr. Valori represented a former retail seller in claims brought against him by a distributor alleging violation a non-compete agreement, trademark infringement, and misappropriation of trade secrets.

Outcome: Narrowed non-compete to small geographic area and defeated all claims of trademark infringement and misappropriation of trade secrets at motion for preliminary injunction stage.

Lindburgers, Inc. v. L.A. Foods, Inc., United States District Court, Southern District of Florida, Case No. 03-80176-CIV-RYSKAMP: Mr. Valori represented a restaurant owner and his company in defending claims for trademark infringement, trademark dilution, and breach of contract.

Outcome: Successfully obtained a favorable settlement.

Fairytale Fragrances v. The Walt Disney Company, United States District Court for the Southern District of Florida, Case No. 97-4376-CIV-Graham: Mr. Valori represented The Walt Disney Company and related Disney entities in defending trademark infringement and related claims brought by entrepreneur using fairy tale names as trademarks.

Outcome: Successfully obtained a favorable settlement.

III. Real Estate Litigation

New Riviera Realty, Inc. v. South Beach Ocean Parcel, 11th Judicial Circuit, Case No. 02-17981 CA 01: Mr. Valori represented a developer in defending a claim seeking a real estate brokerage commission under the "procuring cause" doctrine.

Outcome: Verdict for the defense following jury trial.

Doral Common Corp. v. Shoma Development Corp., et al., 11th Judicial Circuit, Case No. 01-25436 CA 05: Mr. Valori represented a homeowners association in proceeding to enforce a covenant running with the land against a developer.

Outcome: Successfully obtained a favorable settlement.

In re the Arbitration Between Nicole Nicoletti and Antonio and Rozani Battiato: Mr. Valori represented a buyer in an arbitration action to recover her deposit regarding a real estate purchase and sale agreement where the buyer was unable to obtain financing.

Outcome: Successfully obtained favorable settlement following the first day of arbitration.

Boca II Associates, Ltd. v. Opsis Technologies International, Inc., 15th Judicial Circuit, Case No. CA 02-005582-AJ: Mr. Valori represented a landlord in prosecuting a commercial tenant eviction action.

Outcome: Successfully obtained judgment for possession and damages.

IV. General Commercial Litigation

Steelcare of Miami Corp. v. Tarmac America, Inc., 11th Judicial Circuit, Case No. 98-28197 CA 01: Mr. Valori represented a major concrete and concrete products manufacturer in defending claims made by a contractor for non-payment and in connection with a counterclaim for breach of contract, fraud, and RICO.

Outcome: Successfully obtained jury verdict on counterclaim of racketeering.

Fleming Supermarkets of Florida, Inc. v. John Catsimatidis, et al., 11th Judicial Circuit, Case No. 97-5546 CA 21: Mr. Valori represented Fleming in seeking payment under an asset purchase agreement and in defending counterclaims made by a seller of a supermarket chain for fraud and breach of an asset purchase agreement.

Outcome: Successfully obtained favorable settlement following victory on summary judgment motion.

Nortek Aviation Support, Inc. v. Noel Aguilera, Paradigm Holding, Inc. and Air Operations International Corp., 11th Judicial Circuit, Case No. 98-22395 CA 22: Mr. Valori represented an aircraft parts seller in defending claims for tortious interference for allegedly competing with an entity in combination with the former owner of the entity.

Outcome: Successfully obtained a favorable settlement.

Fulgencio Padilla, Sr. v. Donald Buell, 11th Judicial Circuit, Case No. 98-06890 CA 11: Mr. Valori represented and aircraft owner at trial court level and appeal in enforcing an offer of judgment to obtain attorneys' fees following a successful defense of claims for negligence.

Outcome: Prevailed at trial and appellate level.

Publications

The Meaning of "Bad Faith" under the Exceptions to the Hearsay Rule, 48 U. Miami L. Rev. 481 (1993).

What Happens When There is no Listing Agreement?, South Florida Business Journal, April 26, 2004.

Documentation Best Guarantee for Brokers, Buyers and Sellers, Florida Real Estate Journal, June 16-30, 2004.

Read the Fine Print Carefully Before Inking that Lease, South Florida Business Journal, August 6, 2004

Customer Initiated Contact may Violate Non-Compete Agreements, The South Florida Business Journal, September 3-9, 2004.

Litigation Likely After (Florida Minimum Wage) Legislation Fails to Pass,
The South Florida Business Journal, June 10-16, 2005.

The Florida Bar Business Litigation Committee of the Business Law Section - Case Summaries for August 12, 2005, Meeting, Melanie Damian and Peter F. Valori,
The Florida Bar Business Law Section Quarterly Report, Volume XVI, No. 2 (2005).

The Florida Bar Business Litigation Committee of the Business Law Section - Business Litigation Case Law Update - January 19, 2006, Melanie Damian and Peter F. Valori

Continuing Legal Education Seminars

Non-Compete Agreements: Recent Developments (2005)

Educate Tomorrow Florida Foster Care Youth Mentor Training Program (2006)

Organizations and Committees

The Florida Bar Business Law Section - Vice Chair - Business Litigation Committee

The American Bar Association Business Law Section - Business and Corporate Litigation Committee - Vice-Chair - Newsletter Subcommittee

Acknowledgments

Florida Trend's Florida's Legal Elite (2005, 2006, 2007, 2008, 2010)
Top up and Comer, South Florida Legal Guide (2006, 2007, 2008)
Florida Superlawyer (Business Litigation) (2006, 2007, 2008)

Pro Bono Service

Mr. Valori is a member of the Board of Directors and Chair of the Strategic Planning Committee of Educate Tomorrow, a non-profit organization dedicated to assisting youth-in-need obtain higher education. Mr. Valori also represents abused and neglected children in dependency proceedings through Lawyers for Children America, Inc.