Melanie E. DamianSenior Partner

Ms. Damian represents public and private companies and individuals in a variety of complex business and securities litigation. She regularly serves as a court appointed Federal Equity Receiver and Distribution Agent and serves as a Receiver, Monitor in state court matters. Ms. Damian also serves as counsel to Receivers serving in both state and federal court.  She counsels companies on corporate governance matters and serves 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. 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.  She is 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 Board of the SEED School of Miami.  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.

Profile At A Glance

Business Litigation, Receivership, Officer & Director Liability, Corporate Governance Litigation, Securities Litigation, Real Estate Litigation, Professional Negligence Litigation, Employment Litigation

  • The Florida Bar, 1996
  • The U.S. District Courts for the Southern & Middle Districts of Florida
  • 11th Circuit Court of Appeals
  • United States Supreme Court
  • The Florida Bar Business Law Section Executive Counsel and Chair of Legislative Committee; Former Chair of The Florida Bar Federal Court Practice Committee
  • ABA (Business Law and Litigation Sections):  Business Law Section Director to Diversity Committee;  Vice Chair of the Business & Corporate Litigation Commitee, and Former Chair of Women Business Advocates Committee
  • Women’s Chamber of Commerce of Miami-Dade: Past President
  • SEED School of Miami: Chair of the Board
  • Educate Tomorrow:  Founder and Board Member
  • AV Rated by Martindale-Hubbell
  • The Florida Bar President’s Pro Bono Service Award (2008)
  • South Florida Legal Guide (2004-Present)
  • Florida Trend’s Legal Elite (2004-Present)
  • Florida Super Lawyer (2006-Present):  Listed Top 50 Women Lawyers in the state.
  • University of Wisconsin (B.A. 1991)
  • University of Miami Law School (J.D. cum laude, 1996)

Representative Cases (click + to view the list)

Notable Receivership & Class Counsel Cases

U.S. Federal Trade Commission v. Consumer Collection Advocates, et al., Case No. 14-62491-CIV-BLOOM, U.S. District Court for the Southern District of Florida, Court-Appointed Receiver (www.ccareceivership.com)

U.S. Commodity Futures Trading Commission v. Worth Group, Inc., et al., (Case No. 9:13-cv-80796-KLR), U.S. District Court for the Southern District of Florida, Court-Appointed Corporate Monitor (www.worthmonitor.com) ($30 million precious metal company)

U.S. Commodity Futures Trading Commission v. Hunter Wise Commodities, LLC et al., Case No. 9:12-cv-81311-DMM, U.S District Court for the Southern District of Florida, Court-Appointed Corporate Monitor ($150 million commodities fraud)

U.S. Securities and Exchange Commission v. We the People Inc. of the United States, Case No. 2:13-cv-14050-JEM, U.S. District Court for the Southern District of Florida, Court-Appointed Receiver ($75 million securities fraud)

U.S. Securities and Exchange Commission v. Aubrey Lee Price et al.; PFG LLC et al., Case No. 1:12-cv-2296-TCB, U.S. District Court for the Northern District of Georgia, Court-Appointed Receiver ($40 million securities fraud)

Benjany Viera v. Klever Ontaneda, Case No. 12-5693-FC-04, Eleventh Judicial Circuit in and for Miami-Dade County Florida, Family Division, Court-Appointed Receiver

Estate of Robert Warren Meddoff, Deceased, Case No. PRC-130005341, Seventeenth Judicial Circuit in and for Broward County, Florida, Probate Division, Court-Appointed Curator

U.S. Securities and Exchange Commission v. Marc Roup et al., Case No. 09-CD-01685, Western District of Pennsylvania, Court-Appointed Receiver

U.S. Securities and Exchange Commission v. Sean Healy, et al., Case No. 1:09-CV-1330, U.S. 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, U.S. District Court, Middle District, Pennsylvania, Court-Appointed Receiver

Spenzi v. Green, Case No. 13-0225945 FC 04, Eleventh Judicial Circuit in and for Miami-Dade County, Florida, Court-Appointed Receiver

Fannie Mae v. Residences at 107 Avenue, Inc, Case No. 11-14926 CA32, 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, 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, Eleventh Judicial Circuit in and for Miami-Dade County, Florida, Court-Appointed Receiver

BAC Florida Bank, a Florida Chapter Bank v. 1910 Island, LLC, et al, Case No. 09-59348CA13, 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, 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, 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

U.S. Securities and Exchange Commission v. Concorde America, Inc., et al., Case No. 05-80128-CIV-ZLOCH/SNOW, U.S. District Court, Southern District, Miami Division, Court-Appointed Distribution Agent

U.S. Securities and Exchange Commission v. Bio-Heal Laboratories, Inc., et al., Case No. 05-21116-CIV-SEITZ/O’SULLIVAN, U.S. District Court, Southern District, Miami Division, Court-Appointed Distribution Agent

U.S. 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, U.S. 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, U.S. 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, U.S. 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, U.S. 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, U.S. District Court, Southern District, Miami Division, Counsel for Collective Class Action Plaintiffs