Melanie E. Damian

Co-Founder, Partner

Ms. Damian represents public and private companies and individuals in a variety of complex business and securities litigation. She regularly serves as court-appointed Federal Equity Receiver, Special Monitor, and distribution Agent, and also serves as Receiver and 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, and various partners or members in closely held “business divorce” matters.

Ms. Damian also has substantial experience advising executives on contractual and compensation matters and litigating executive and general employment matters, including counseling clients and litigating issues concerning various employment-related issues including, non-competition agreements, and theft of trade secrets.

Ms. Damian is a Past Chair of the Business Law Section of The Florida Bar and Past President of the International Women’s Forum (IWF) Florida Chapter. Ms. Damian has received several professional acknowledgments.  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 Top Lawyers in 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 the founding Chair of the Board of the SEED School of Miami a public urban boarding school for underserved youth.  Ms. Damian received numerous awards for her service including, “Lifetime Achievement” Honoree in the Daily Business Review’s 2023 Florida Legal Awards,  2022 Most Influential Women in Business – Florida, the Miami-Dade Bar 2022 Circle of Excellence award in the Securities Litigation category, the Florida Association of Women Lawyers (FAWL) 2019 Women Who Rock, 2019 Women Making History Award, and 2012 “Mattie Belle Davis Award”. The 2011 Pro Bono Award for Child Advocacy from the 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.

Practice Areas
  • Business Litigation
  • Receivership
  • Officer & Director Liability
  • Corporate Governance Litigation
  • Securities Litigation
  • Real Estate Litigation
  • Professional Negligence Litigation
  • Employment Litigation
Admitted
  • 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
Organizations
  • The Florida Bar Business Law Section, Past Chair
  • International Women’s Forum: President of the Florida Chapter, and Co-Chair of the 2018 World Leadership Conference
  • ABA (Business Law Section):  Past Vice Chair of the Business & Corporate Litigation Committee
  • SEED School of Miami: Chair of the Board
  • Educate Tomorrow:  Founder and Board Member
  • Women’s Chamber of Commerce of Miami-Dade: Past President
Acknowledgements
  • AV Rated by Martindale-Hubbell
  • Best Lawyers In America (2018-2020)
  • Florida Trend’s Legal Elite (2004-Present)
  • Florida Super Lawyer (2006-Present):  Listed Top 50 Women Lawyers in the state.
  • South Florida Legal Guide (2004-Present)
  • The Florida Bar President’s Pro Bono Service Award (2008)
Publications
  • Contributing Author, ABA Commission on Women in the Profession’s landmark publication, The Road to Independence!, (2018)
  • Perspectives from the Bench: Protecting Trade Secrets and Proprietary Information of Companies with Multi-State Operations Amidst Onboarding and Exiting of Employees (2013)
  • The Florida Bar Business Litigation Committee of the Business Law Section – Business Litigation Case Law Update, (2006)
  • American Bar Association Business Law Section Annual Meeting, The Five Hottest Topics in Employment Law, (2006)
  • The Florida Bar Business Litigation Committee of the Business Law Section – Case Summaries, (2006)
  • The Florida Bar Business Litigation Committee of the Business Law Section – Case Summaries, (2005)
Education
  • University of Wisconsin (B.A. 1991)
  • University of Miami Law School (J.D. cum laude, 1996)

Representative Cases

Notable Receivership & Class Counsel Cases

Federal

U.S. Commodity Futures Trading Commission v. Highrise Advantage, LLC, et al., Case No. 6:20-CV-1657-CEM-RMN, in the U.S. District Court for the Middle District of Florida, Court-Appointed Receiver

U.S. Securities and Exchange Commission v. Brent Seaman, et al., Case No. 23-CV-22791-KMW, in the U.S. District Court for the Southern District of Florida, Court-Appointed Receiver

U.S. Commodity Futures Trading Commission v. Rene Larralde, et al., Case No. 6:23-CV-1445-WWB-DCI, in the U.S. District Court for the Middle District of Florida, Court-Appointed Receiver

U.S. Commodity Futures Trading Commission v. Bluprint, LLC, Case No. 22-CV-80092-DMM, in the U.S. District Court for the Southern District of Florida, Court-Appointed Receiver

U.S. Commodity Futures Trading Commission v. Daniel Fingerhut, et al., Case No. 20-CV-21887-DPG, in the U.S. District Court for the Southern District of Florida (multi-million dollar binary options affiliate marketing fraud), Court-Appointed Receiver

Federal Trade Commission v. On Point Global LLC, et al., Case No. 19-CV-25046,U.S. District Court, Southern District of Florida, Court-Appointed Receiver

U.S. Securities and Exchange Commission v. Today’s Growth Consultant, Inc., et al., Case No. 1:19-CV-08454, U.S. District Court, Northern District of Illinois, Eastern Division, Court-Appointed Receiver

U.S. Commodity Futures Trading Commission v. Timothy Joseph Atkinson, et al., Case No. 18-23992-CIV-MARTINEZ/AOR-OTAZO-REYES, for the U.S. District Court for the Southern District of Florida, Court-Appointed Receiver

U.S. Securities and Exchange Commission v. Onix Capital LLC, et al., Case No. 16-CV-24678-COOKE/TORRES, U.S. District Court for the Southern District of Florida, Court-Appointed Receiver (www.OnixReceivership.com)

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)

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

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

State

Ana Danton v. Hammocks Community Association Incorporated, Case No. 22-07798-CA-01, Eleventh Judicial Circuit Court in and for Miami-Dade County, Florida, Counsel for Receiver

Scott P. Fuhrman, et al. v. Travis Robert-Ritter, et al., Case No. 23-18086-CA-01, Eleventh Judicial Circuit Court in and for Miami-Dade County, Florida, Court-Appointed Receiver

National Concrete Preservation, Inc. v. Mirador 1035 Condominium Association, Inc., et al., Case No. 20-25266-CA-01, Eleventh Judicial Circuit in and for Miami-Dade County, Florida, Court-Appointed Receiver.

Nick Norwood v. Eurosport Active World Corp. and Ralph Hofmeier, Case No. 10-058982-CA-01, Eleventh Judicial Circuit in and for Miami-Dade County, Florida, Court-Appointed Receiver.

Joel D. Vega, et al. v. Las Estrellas Condominium Association, Inc., Case No. 15-2310-CA-09, Eleventh Judicial Circuit in and for Miami-Dade County, Florida, Court-Appointed Receiver.

Janett Poll Sarlabous v. Constantino Bagatelas Kouranov, et al., Case No. 18-87-CA-22,  Eleventh Judicial Circuit in and for Miami-Dade County, Florida, Court-Appointed Custodian Pendente Lite.

South Beach 18, LLC, et al. v. Tziyona Cohen, et al., Case No. 18-023532, Eleventh Judicial Circuit Court in and for Miami-Dade County, Florida, Court-Appointed Custodian

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

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

Court Appointed Class Counsel

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

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