Harold E. (Ed) Patricoff, Jr.

Partner

  • Harold E. (Ed) Patricoff, Jr.
  • Phone: +1 305 960 2258

    Import to Address Book

  • Duane Morris LLP
    201 S. Biscayne Boulevard, Suite 3400
    Miami, FL 33131-4325
    USA

Harold E. (Ed) Patricoff, Jr. is a partner of Duane Morris LLP’s Miami office where he practices in the areas of international dispute resolution, litigation (domestic and foreign), arbitration and regulatory matters. Mr. Patricoff has over three decades of experience representing high-profile clients in North America, Latin America, Europe, Australia, Africa and Asia and is widely known for his experience in the power generation, fuel, financial services and aviation industries. He is co-chair of the International Disputes Division of the Firm's Trial Practice Group.

With over 34 years of experience, Mr. Patricoff has successfully resolved over 100 high-stake legal disputes in North America, Latin America, Europe, Australia, Africa and Asia for multinational corporations and financial institutions including: Duos Technologies, Inc., Brown Boveri & Cie, ABB, Alstom, APR Energy, Combustion Engineering, LS Energia, CTS Engines, Stoneway Capital, World Fuel Services, Mediterranean Shipping Company, Centurion Air Cargo, La Costena, Transcarga Airways International C.A., SunTrust Bank, Truist Bank, BankUnited, Avcard, LTD Merchant Services, Bedeschi America, Inc., Heitman Company, Louis Dreyfus, Terranova Corporation, Parbel, James Stone, The Taubman Company,  Asesores en Valores, Corredores Asociados, Ultrabursatiles, S.A., Correval, S.A., SunTrust Investment Services, BanMariva, Banco Construccion, Guardian Life Insurance Company of America, Marsh & McLennan, Telex Chile,  ASR Construction, and Inland Steel Co., among others.

Mr. Patricoff also has extensive experience in general commercial litigation. In addition to the power generation, fuel sales and distribution, financial services and aviation industries, he has handled cases involving the blocking or unblocking of assets in the U.S. and abroad, disputes involving insurance, product liability, manufacturing, industrial equipment, construction, banking and real estate. Specific matters include product liability claims, corporate shareholder disputes, developer-contractor disputes, insurance coverage disputes, disability claims, commercial foreclosures and lender liability claims, among others.

Prior to joining the firm, Mr. Patricoff was Co-Chair and Founder of the his previous firm’s International Dispute Resolution Practice Group, where he focused primarily in international and cross-border commercial litigation, arbitration and regulatory matters within the construction, energy, fuel sales and distribution, financial services, healthcare, insurance, anti-money laundering, and manufacturing industries.

Mr. Patricoff has also received numerous accolades by clients, peers and media publications for his legal skills, professionalism and accomplishments. He’s been chosen for the “2021 List of Top Lawyers” by Aventura Magazine in the Natural Resources category, “Most Effective Lawyers 2019” by the Daily Business Review in the Arbitration category, “Most Effective Lawyers 2017” by the Daily Business Review in the Business/Complex Litigation category, South Florida Legal Guide’s Top Lawyers from 2004-2019, and top-rated attorney for Florida Super Lawyers International 2020 (2006, 2014, 2015, 2016, 2017, 2018, 2019, 2020).

Outside the practice of law, Mr. Patricoff is deeply embedded in his community, serving on the board of directors for several organizations, including the Miami Technology Council, YMCA of South Florida, the Coral Gables Museum, the Miami Symphony Orchestra, the Jay Malina International Trade Consortium of Miami-Dade County, the American Nicaraguan Foundation, the Ted Smallwood Store, and The Stetson University Board of Trustees for the School of Business. Mr. Patricoff previously served as chairman of the South Florida Metro Board of Directors of the American Heart Association.

Additionally, Patricoff participates in the University of Miami School of Law’s International Arbitration LL.M. Practicum Program, which offers international law students the opportunity to obtain practical experience in the field of international litigation and arbitration with Miami-based law firms.

Representative Matters

    Products Liability

  • Defense of $200 million products liability case for Swiss power generation manufacturer involving allegations of defective turbines, boilers, and operational failures for 650 MW power generation facility in Palatka, Florida.

  • Defense of $25 million Products liability case for US steel and equipment manufacturer involving allegations of defective infrastructure and exterior coatings in connection with 300 MW power generation facility in Jacksonville, Florida.

  • Prosecution of $50 million claim for US power generation company relating to purchase and installation of one hundred (100) defective reciprocating engines, powertrain and engine components manufactured by German manufacturer in connection with 60 MW power generation facility in Peru.

  • Defense of $100 million products liability claim for French manufacturer of power generation equipment in connection with 75 MW power generation facility in Haiti.

  • Prosecution and defense of $25 million environmental liability claim in connection with construction and installation of pollution control equipment and infrastructure at 30 MW power generation facility in Miami, Florida for US manufacturer of electrostatic precipitators.

  • Defense of $20 million personal injury claims relating to allegedly defective construction and supervision of construction at power generation facility in Miami, Florida for US manufacturer of pollution control equipment.

  • Prosecution of $35 million claims for failed implementation and operation of power generation equipment in Everglades, Florida concerning two (2) 25 MW power generation facilities against owner/operator of the equipment, utility, and ancillary equipment suppliers.

  • Defense of $200 million products liability claim in California relating to allegedly defective and toxic fuel sales by US fuel distributor.

  • Prosecution of $20 million products liability claim by US Air Cargo Company against European Lessors of two (2) 747 Boeing Aircraft.

    • Collections, Sanctions, Blocking or Unblocking Actions

  • Represented Nexters, Inc., an international game development company, after it was suspended from trading by Nasdaq in connection with the Russia-Ukraine sanctions; successfully had the suspension lifted, making Nexters the only company out of eight to have the trading halt lifted, after reviewing OFAC and SEC regulations and implementing corporate governance changes as requested by Nasdaq, including changes in the composition of Nexters’ board, detailed due diligence work on the company’s shareholders, and the elimination of all investments and employment in Russia. 

  • Represented AEG Fuels in securing a remarkable resolution within 136 days of filing a complaint against the Arab Republic of Egypt and the Egyptian Air Force, blocking more than $3.1 million from one of Egypt’s bank accounts in the U.S. The motion included a detailed analysis of the relevant sections of the Foreign Sovereign Immunities Act, and AEG’s general terms and conditions were changed to add a waiver of sovereign immunity as to pre-judgment attachment/garnishment. Shortly after being served with the garnishee’s answer, the Egyptian government contacted AEG and fully resolved the litigation and paid the debt in full.

  • LS Energia Inc. v. Republic Of Angola (2019) – Represented LS Energia, a U.S.-based company that designs, builds and operates electric power plants, in civil case against the Angolan government. LS Energia Inc. settled in full against the Angolan government for a total amount of $50 million USD.

  • APR Energy v. Republic of Angola (2017) – Successfully recovered $48 million from the Government of Angola shortly after the inception of litigation on behalf of APR Energy, a power generation supplier, for electricity sold to the Angolan power utility.

  • World Fuel Corporation v. Henry M. Paulson, Jr., Secretary Of The Treasury, United States Department Of The Treasury, Program Policy And Implementation, Office Of Foreign Assets Control; And Office Of Foreign Assets Control, United States Department Of The Treasury (2009) -- Prevailed against the Secretary of the U.S. Treasury, the Director of Program Policy and Implementation of the Office of Foreign Assets Control (OFAC), and OFAC in the first and only case where a party prevailed against the U.S. Government after denial of a license to access assets blocked by OFAC.

  • Represented multinational aviation fuel supplier in seminal case under Florida’s fuel lien statute against GE Capital Aviation Services.

  • Represented a prominent Venezuelan banker in a 28 U.S.C. § 1782 petition to obtain exculpatory evidence in support of defense of criminal proceeding in Venezuela, which ultimately led to his release from Venezuela and escape to the United States.

    • International Asset Recovery

  • Represented Dainese, an Italian manufacturer of protective equipment and technical gear for dynamic sports, in a settlement for the return of a helmet designed by the company that was stolen 40 years ago, after it was worn by driver Niki Lauda during a crash at the 1976 F1 German Grand Prix at the Nurburgring.

  • Sculley v. Sculley (2015) – Represented wife of former Apple CEO, in high profile post dissolution proceedings. Litigation involved domestic and international assets of the matrimonial estate.

  • APR Energy v. Tanzania (2009)- Successfully handled dispute with Tanzania utility to free a temporary power station wrongfully seized by the Tanzanian government in a dispute involving $60 million in damages. The matter was resolved by presenting legislation to the U.S. Congress to block funding of $690 million to the Government of Tanzania.

  • Represented multinational aircraft fuel supplier, World Fuel Services, in collection actions and seizure of assets in Uruguay, Argentina, Costa Rica, Peru, Honduras and Mexico.

  • APR Energy v. Forge (2014) – successfully handled dispute with Liquidators and Receivers to regain possession and operation of power generation facility in Western Australia.

    • Significant Commercial Transactions

  • Negotiation on behalf of APR Energy (2011) - Eight days after the nuclear disaster at the Fukushima power station in Japan, successfully negotiated a $280 million contract, which was executed in less than 30 days. And within 90 days of the disaster, the 203 MW temporary power generation facility was completed.

  • Represented a U.S. power generation supplier in a $64 million private equity investment by Dubai-based private equity firm in the US Company in February 2008.

Admissions

  • Florida
  • U.S. District Court for the Southern District of Florida
  • U.S. District Court for the Middle District of Florida
  • U.S. District Court for the Northern District of Florida
  • U.S. Court of Appeals for the Eleventh Circuit
  • U.S. Court of Federal Claims

Education

  • Stetson University College of Law, J.D., cum laude, 1985
  • Stetson University, B.S., cum laude, 1982

Experience

  • Duane Morris LLP
    - Partner, 2022-present
  • Shutts & Bowen LLP
    - Partner, 1994-2021
    - Associate, 1985-1994

Professional Activities

  • American Bar Association
    - Member, 1985-present

  • Latin Builders Association, 1985-2005

  • Greater Miami Chamber of Commerce

  • Jay Malina International Trade Consortium
    - Past Board Member

Honors and Awards

  • Listed in The Best Lawyers in America, 2024

  • Listed in “Top Lawyers,” South Florida Legal Guide, 2004-2021

  • Listed in Florida Super Lawyers, 2006, 2014-2021

  • Listed in “Top Lawyers,” Aventura Magazine, 2021

  • Listed in “Most Effective Lawyers - Arbitration, Daily Business Review, 2019

  • Listed in “Most Effective Lawyers - Business/Complex Litigation,” Daily Business Review, 2017

  • AV Preeminent® Peer Review Rated by Martindale-Hubbell®

Civic and Charitable Activities

  • Board Member, Coral Gables Museum

  • Board Member, YMCA of Greater Miami

  • Board Member, MISO - Miami Symphony Orchestra

  • Board Member, American Nicaraguan Foundation

  • Board Member, Ted Smallwood Store

  • Member, Council for Educational Change Board of Trustees

  • Past Chairman of Metro Miami Board, American Heart Association

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