Russell Landy

Partner

rlandy@dvllp.com
305.371.3960

Mr. Landy focuses his practice in the areas of complex commercial litigation, business torts, contract litigation, class actions, employment litigation and counseling, real property litigation and appeals. Mr. Landy regularly represents businesses and individuals in litigation relating to complicated business disputes, injunction matters, shareholder disputes and derivative suits, and employment litigation. He has received an AV Preeminent® Rating from Martindale-Hubbell® Peer Review Ratings™.

Mr. Landy often represents clients in the defense and prosecution of class actions and collective actions.  Mr. Landy also represents Federal and State Court-appointed Receivers, Monitors, Distribution Agents, and other fiduciaries in government enforcement actions brought by the SEC, CFTC and FTC based on securities, commodities, and consumer fraud, and in related asset recovery litigation.

Mr. Landy received his law degree from the University of Miami School of Law (J.D., May 2007) and was a member of the University of Miami Business Law Review. He was awarded Honors recognition for Trial by the University of Miami School of Law Litigation Skills program. Mr. Landy received a Bachelor of Business Administration from the University of Miami in 2004. He double-majored in Marketing and Finance while serving as both the Athletic and Academic Captain of the Men’s Track and Field team.

Mr. Landy also represents several clients on a Pro Bono basis.  Mr. Landy has served as the Chair of the Business Litigation Committee of the Business Law Section of the Florida Bar, and regularly speaks on the topics of complex commercial litigation and employment litigation, investigations, and counseling.

 

Practice Areas
  • Complex Commercial Litigation
  • Business Torts
  • Shareholder Disputes
  • Contract Litigation
  • Labor and Employment Litigation
  • Labor and Employment Counseling
  • Appeals
  • Class Actions
Admitted
  • The Florida Bar, 2007
  • U.S. District Courts for the Southern and Middle Districts of Florida
  • U.S. Court of Appeals for the Eleventh Circuit
Organizations
  • The Florida Bar (Business Law Section):  Business Litigation Committee Chair
  • Dade County Bar Association
  • Vice President and General Counsel of Fun 4 Kidz, Inc. (2005-2015)
Acknowledgements
  •  AV Preeminent® Rating from Martindale-Hubbell® Peer Review Ratings™
  • Florida Super Lawyer (2018 – 2020)
  • Florida Super Lawyer Rising Star (2012 – 2017)
  • Honors recognition for Trial by the University of Miami School of Law Litigation Skills Program (2007)
  • Daily Business Review Most Effective Lawyers 2020
Publications
  • ADA Claims for the Captioning of Football Stadiums, “Do the Washington Redskins Hate Deaf People?”, 16 U. Miami Bus. L. Rev. 47 (2007).
Education
  • University of Miami School of Law (J.D., 2007)
  • University of Miami School of Business (B.B.A., 2004)

Representative Cases

Appellate Representations

Natanael Cardoso, et al. v. Aderbal Coelho, Jr., et al., Case No. 14-10877-CC, United States Court of Appeals for the Eleventh Circuit (representation of employees in dispute concerning forum selection clause).

Comprehensive Care Corporation v. Dr. Jerry Katzman, et al., Case No. 2D17-1433, Florida Second District Court of Appeal; Trial Court Case No. 12-CA-2570 (Per Curium Affirmance of Final Judgment in breach of contract trial).

Omes v. Ultra Enterprises Inc., Case No. 3D16-0338, Florida Third District Court of Appeal; Trial Court Case No. 12-40288 (affirmance on appeal of trial court’s final judgment in appraisal action).

Alvarado v. Bayshore Grove Management, LLC, Case No. 09-3332, Florida Third District Court of Appeal; Trial Court Case No. 07-26996 CA 30, Eleventh Judicial Circuit in and for Miami-Dade, County (Summary Judgment confirmed on appeal in FLSA wage and hour representation).

PD Real Estate Holdings LLC v. William C. Haber, Case No. 08-113 AP, Appellate Division, Eleventh Judicial Circuit in and for Miami-Dade County, Trial Court Case No. 06-1394 CC 24, Miami-Dade County Court (Affirmance on appeal of bench trial verdict in landlord tenant dispute over habitability of leased premises).

Manuel Rivero v. Marcos Centurion, et al., Case No. 3D09-1839, Florida Third District Court of Appeal, Trial Court Case No. 07-32652, Eleventh Judicial Circuit in and for Miami-Dade County (Affirmance of Final Deficiency Judgment).

Complex Commercial & Injunction Representations

Mabs, et al. v. Sacre Consultants Ltd., Case No. 19-20144, U.S. District Court for the Southern District of Florida (challenge to long arm jurisdiction by foreign corporation).

Nancy Salmi, et al. v. Donald Kelly, Case No. 2015-CA-012325, Fifteenth Judicial Circuit in and for Palm Beach County, Florida (representation of officer and director for breach of fiduciary duty and declaratory relief).

Omes v. Ultra Enterprises Inc. et al., Case No. 12-40288, Eleventh Judicial Circuit in and for Miami Dade County (representation of corporation in appraisal action trial).

Alejandro “Alex” Omes v. Ultra Enterprises, Inc. et al., Case No. 11-01775 CA 21, Eleventh Judicial Circuit in and for Miami Dade County (representation of corporate entities in claims for alleged improper removal from management, document inspection, and defense of motion for receivership).

American Management Group, LLC v. John Labriola, Case No. 14-10530, Seventeenth Judicial Circuit in and for Broward County Florida (representation of individual in injunction matter concerning allegations of defamation and tortious interference with business relationships).

VMR Products LLC, et al. v. Daniel Mozlin, et al., Case No. 12-23323 CA 40, Eleventh Judicial Circuit in and for Miami-Dade County (representation of former owners of company in injunction matter concerning allegations of theft of trade secrets).

McCullough v. Southfields of Palm Beach Polo and Country Club Homeowners Association, Inc. et al., Case No. 50 2010 CA 002967 XXXX MB (AO) (representation of condominium association in defending homeowners suit for emergency injunction).

Atlantic Biologicals Corp. v. Kenneth W. Hilton, Jr., Case No. 10-27005 CA 40, Eleventh Judicial Circuit in and for Miami-Dade, County (representation of pharmaceutical sales company against former employee seeking enforcement of non-solicitation agreement).

Construct Corps, LLC v. Balance Staffing, Inc., et al., Case No. 08-23111, Thirteenth Judicial Circuit, Hillsborough County (representation of temporary staffing service in defending claims seeking injunction regarding employment of former employees of competitor).

Employment Litigation

Representation of Restaurant in Class Action and Collective Action regarding allegations of improper tip pool.

Representation of Employer in Department of Homeland Security Investigation Concerning completion of I-9s.

Representation of Employers in claims for FMLA retaliation and interference.

Nancy Butler-Jones, et al. v. Sterling Casino Lines, L.P., Sextant Sterling I, Inc., and John Brevick, Case No. 6:08-cv-01186-ACC-DAB, United States District Court, Middle District of Florida, Orlando Division (Court-Appointed Class Counsel for WARN Act and FLSA claims arising from shut down of casino cruise ship).

Armando Sicard vs. Aquasino, LLC, Case No. 08-20976-CIV, United States District Court, Southern District of Florida, Miami Division (Counsel for Collective Class Action Plaintiffs for WARN Act and FLSA claims arising from shut down of casino cruise ship).

Rockell Branch, et al. v. Jacksoville Greyhound Racing, Inc., Case No. 12-CV-1093-J-25-JBT, United States District Court, Middle District of Florida (FLSA wage and hour defense representation).

Michel Cala v. South Florida Bakery, Inc., et al., Case No. 11-CV-22274, United States District Court, Southern District of Florida, Miami Division (FLSA wage and hour defense representation).

Lidia Villaverde v. Waggle Brothers, Inc., et al., Case No. 11-20960-Civ-JLK, United States District Court, Southern District of Florida, Miami Division (FLSA wage and hour defense representation).

Walter Apuril, et al. v. Raul Puig, Case No. 10-cv-23058-PCH, United States District Court, Southern District of Florida, Miami Division (FLSA wage and hour defense representation).

Renier Ordaz v. El Sol Brands, Inc., et al., Case No. 10-cv-21979, United States District Court, Southern District of Florida, Miami Division (FLSA wage and hour defense representation).

Lopez, et al. v. SOBE Lincoln Road Holdings Corporation, et al., Case No. 1:08-cv-23047, United States District Court, Southern District of Florida, Miami Division (FLSA wage and hour defense representation).

Nigel Neale, et al. v. Miami Star Casino, LLC, et al., Case No. 08-2078, United States District Court, Southern District of Florida, Miami Division (Counsel for Collective Class Action Plaintiffs for WARN Act claims arising from shut down of casino cruise ship).

Saunders, et al. v. Homebridge Mortgage Bankers, Corp., Case No. 07-80442-CIV-KLR, United States District Court, Southern District of Florida, Miami Division (Counsel for Collective Class Action Plaintiffs in FLSA claims).

Business Torts and Fraud Litigation Representations

Dr. Jerry Katzman, et al. v.  Comprehensive Care Corporation Case No. 12-CA-2570, Thirteenth Judicial Circuit in and for Hillsborough County (Representation of individual in bench trial concerning breach of contract).

Atul Jain, et al. v. American Imperial Cinemas, LLC, et al., Case No. 13-CA-005375, Thirteenth Judicial Circuit in and for Hillsborough County (representation of member of LLC alleging fraud and mismanagement).

Velez, et al. v. Wachovia Bank, N.A., et al., Case No. 09-66822 CA 10, Eleventh Judicial Circuit in and for Miami-Dade, County (representation of group of investors defrauded by ponzi scheme and related conspiracy).

Ron Whittle and Bill Frye v. Michael Blanchard, et al., Case No. 05-17068 CA 01, Eleventh Judicial Circuit in and for Miami-Dade County (Successful jury verdict for individuals defrauded by building owner and licensed realtor in connection with sale of apartment building).

Manuel Rivero v. Alfredo Garcia-Menocal, et al., Case No. 08-34136 CA 31, Eleventh Judicial Circuit in and for Miami-Dade, County (Representation of individual in claims for legal malpractice).

In Re: Capitol Investments, USA, Inc., Case No: 09-36408-LMI, United States Bankruptcy Court, Southern District of Florida, Miami Division (representation of debtor in involuntary bankruptcy arising from alleged ponzi scheme).

HRB Capital, LLC v. George G. Levin, Case No. 10-009971 (07), Seventeenth Judicial Circuit in and for Broward, County (Representation of investor in ponzi scheme against guarantor).

Finishing Touches Distribution, Inc. v. Kellwood Company, Case No. 08-62397 CA 05, Eleventh Judicial Circuit in and for Miami-Dade County (Representation of logistics company in breach of contract suit against largest client).

Securities and Exchange Commission v. Concorde America, Inc., et al., Case No. 05-80128-CIV-ZLOCK/SNOW, United States District Court, Southern District of Florida, Miami Division (Court-Appointed Distribution Agent).

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

Pablo Horn, et al. v. Argent Trading International, LLC et al., Case No.: 08-05162 CA 40, Eleventh Judicial Circuit in and for Miami-Dade County (Representation of individual defrauded by entity offering “trade credits”).

Community Association Representations

James Falin v. Condominium Association of La Mer Estates, Inc., Case No. 11-CV-61903-Seltzer, United States District Court, Southern District of Florida (Representation of condominium association defending claims under Fair Housing Act).

Howard Cohan v. Surf Rider Condominium Association, Inc., Case No. 14-60424, United States District Court, Southern District of Florida  (Defense of condominium in ADA action).

Harvey Hunter, et al. v. Sabal Chase Homeowners Association, Inc., et al., 08-64790 CA 22, Eleventh Judicial Circuit in and for Miami-Dade County (Representation of Townhome Association against vicarious liability claims arising from conduct of association treasurer).

Aurora Lopez v. Buckley Towers Condominium, Inc., Case No. 10-30173 CA 10, Eleventh Judicial Circuit in and for Miami-Dade County (Representation of condominium association against claims of tortious interference and breach of lease agreement).

South Star Trust, LLC v. Mizner’s Preserve Homeowners Association, Inc., Case No. 50 2010 CA 024442 XXXX MB, Fifteenth Judicial Circuit in and for Palm Beach (Representation of Homeowners Association against claims of breach of contract and declaratory judgment related to assessment lien).

Real Property Litigation Representations

Carlos Nistal v. Ines Nistal, Case No. 15-10191, Eleventh Judicial Circuit in and for Miami-Dade County (Successful bench trial verdict in action for partition of real property).

Representation of Personal Representatives of a Decedent’s Estate in claims for equitable liens on real property.

PD Real Estate Holdings LLC v. William C. Haber, Case No. 08-113 AP, Appellate Division, Eleventh Judicial Circuit in and for Miami-Dade County, Case No. 06-1394 CC 24, County Court in and for Miami-Dade County, Florida (Successful bench trial verdict in landlord tenant dispute over habitability of leased premises, and affirmance on appeal).

Adolfo Perez, et al. v. Metropolitan Miami-Dade County, Case No. 3D07-2890, Third District Court of Appeal, Trial Court Case No. 07-1888 CA 02, Eleventh Judicial Circuit in and for Miami-Dade County (Representation of group of homeowners against County’s claims to title of property).

Casa Grove Properties, LLC v. Pentium Construction, Inc., Case No. 09-21661 CA 23, Eleventh Judicial Circuit in and for Miami-Dade County (Representation of general contractor in dispute over home construction contracts and warranties).

Pentium Construction, Inc. v. Carpet Creations/Textile Assoc. Inc., Case No. 09-53844 CA 25, Eleventh Judicial Circuit in and for Miami-Dade County (Representation of general contractor in foreclosing on construction lien).

Receiverships

U.S. Commodity Futures Trading Commission v. Jason B. Scharf, et al., Case No. 17-cv-774-J-32MCR, U.S. District Court for the Middle District of Florida (Lead counsel for Receiver – www.BinaryOptionsReceivership.com).

Joel D. Vega, et al. v. Las Estrellas Condominium Association, Inc., Case No. 2015-2310 CA 01 (09), Eleventh Judicial Circuit in and for Miami-Dade County (Lead counsel for Receiver -http://lasestrellascondoreceivership.com/).