Harvey W. Gurland, Jr., P.A.

Representative Matters

• Represented a large American grocery delivery service that was sued in state court in Miami-Dade County for alleged breach of a maintenance service agreement; plaintiff alleged it had a 10 year agreement under which the client was obligated to pay over $2 million per year, and that if client cancelled, it must pay the balance for all years in a lump sum. When client terminated the agreement, they claimed it was voidable because the employees who signed it were not authorized to do so. In addition, the plaintiff did not comply with the terms of the agreement and engaged in improper activities. The matter was resolved after the plaintiff was deposed and before a counterclaim was filed for the client to recover overpayments made to plaintiff.

• Represented a real estate investment trust in a suit alleging a breach of a sales agreement involving the sale of real property in Pinellas County, Florida, securing judgment which was affirmed on appeal.

• Represented an environmental products distributor in a suit brought in Federal Court claiming that the company breached a distribution agreement and that any further distribution of the supplier’s branded products following termination of the agreement violated the supplier’s registered trademarks.

• Represented an American multinational conglomerate in a suit brought in Federal Court by a utility company seeking damages of more than $19 million for alleged outstanding invoices as well as declaratory and injunctive relief concerning a communications network.

• Representing owners of a high-end luxury resort located in the US Virgin Islands in a case arising out of an extermination company’s unlawful use of a fumigant that caused devastating and permanent injuries to a family exposed to the chemicals. The owners of the resort have suffered damage to the value of the resort property.

• Represented a client in Delaware involving a Limited Partnership and a claim brought by the client to be named as one of the two general partners of a partnership.

• Representing clients in a suit brought in Federal Court seeking damages for an alleged breach of an agreement for the removal and disposal of scrap materials and debris throughout the US Virgin islands that arose from the 2017 hurricanes.

• Represented a dairy beverage producer in a Federal Court patent infringement case involving a patent on a blending machine to make their products.

• Represented a client in state court in Miami, Florida for a breach of a real estate sales contract that involved the failure to pay a deposit to purchase a luxury residential property.

• Represented a former executive of a defunct resort and casino project located in Las Vegas against a $1 billion suit brought by a Trustee in Miami Bankruptcy Court alleging the client aided and abetted others in a breach of fiduciary duties that caused the project to fail.

• Represented the owner/operator of a luxury Miami hotel/condominium mixed use project against claims for mismanagement and allegations of decline in property values.

• Won motion to dismiss for a major bank in Florida State Court in a dispute brought by investors in a South Florida real estate company alleging violation of Florida's Racketeer Influenced and Corruption Organization Act.

• Won summary judgment for a major bank in Florida State Court, Miami-Dade County, in a suit alleging violations of the Florida UCC concerning a wire transfer.

• Obtained a $2 million jury verdict following a two-week trial for a client that purchased a yacht from a yacht broker in Florida. The jury found for the client on its claim that the defendant negligently misrepresented the condition of the yacht.

• Represented a condominium association in an action against its insurer to recover for damages to the association's high-rise building caused by Hurricane Wilma. Settled the case on the eve of trial.

• Represented shareholders in derivative action brought against officers and directors of major utility company. Suit involved issues regarding proxy disclosures and right to payments under change of control agreements in the wake of a merger that was initially approved by shareholders but was not consummated. Procured settlement of approximately $22 million for the utility company.

• Represented clients in environmental assessment and remediation matters as well as in claims concerning "toxic torts."

• Successfully defended clients in consumer class actions brought in federal and state courts throughout the United States. The matters include nutritional supplements, rental car agreements and claims concerning the design of consumer products.

• Defended multiple cases for major oil companies arising under the Petroleum Marketing Practices Act, as well as claims concerning pricing of motor fuel and contract compliance in their relationships with distributors and dealers. Cases have been in federal and state courts throughout the United States.

• Counseled clients regarding transportation and oil industry regulations relating to facilities management and distribution of petroleum products.

• Defended a company and executive officers in patent infringement claim related to method of cleaning and maintaining utility lines from helicopters. Defense successfully invalidated all patent claims by the plaintiff.

• Obtained decision affirming dismissal of suit alleging that a private investment company violated Florida securities laws in connection with the plaintiff's $4 million investment in a rock mine acquired by the investment company.

• Represented companies regarding non-compete and trade secret agreements in several industries. Dealt with multiple complex issues for clients involved in health care, high-tech, energy and utilities industries.

• Brought enforcement actions on behalf of lenders with security interests in shopping centers, hotels, office buildings, office parks and other forms of property throughout the state of Florida. Actions consistently resulted in repayment of loans and/or successful foreclosure on the property and successful defense of lender liability claims.

• Represented healthcare industry service provider in Medicare reimbursement litigation against a hospital. Dealt with complex calculations of allowable reimbursements under state and federal regulations.

• Handled arbitration of case involving Medicare reimbursement calculations and dispute over amounts owed relating to sale of hospital.

• Represented parties involved in disputes over calculations of "earnout" provisions in post-closing adjustments to the purchase prices of various ongoing businesses.

• Represented hotel operator that could not make payments to its landlord and successfully used bankruptcy process to monetize the value of a lease that was worth more than the back rent owed. Used leasehold asset to obtain $1.1 million for client's equity holders and creditors, which allowed them to discharge all obligations and share in some dividends after distribution of all equity.

• Represented client in copyright dispute concerning software programs designed for "logistics" industry.

Admissions

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

Education

• University of Miami School of Law, J.D., 1979

Honors and Awards

• Listed in Chambers USA: America's Leading Lawyers for Business, 2023

• Multiple annual listings in The Best Lawyers in America

• Multiple annual listings in Florida Super Lawyers

• Honored by The Daily Business Review as a Distinguished Leader in Law, 2017
• Multiple annual listings in the South Florida Legal Guide Top Lawyers for Commercial Litigation
• 2001 Put Something Back Pro Bono Award, Cultural Arts category, Miami-Dade County Bar Association
• AV Preeminent® Peer Review Rated by Martindale-Hubbell®
  AV® Preeminent™ and BV® Distinguished™ are certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies.

Selected Publications

• Co-author, "Florida Judge Rules Governor Did Not Have Authority to Ban School Mask Mandates," Duane Morris Alert, August 30, 2021
• Co-author, "Florida Adopts New COVID-19 Civil Liability Limitations," Duane Morris Alert, April 5, 2021
• Co-author, "Florida Legislators Introduce Bills That Would Impose Strict Prerequisites to Bringing COVID-19 Personal Injury Claims," Duane Morris Alert, January 11, 2021
• Co-author, "Florida Industry Group Urges State to Limit Legal Liability for Florida Businesses," Duane Morris Alert, December 4, 2020
• Co-author, "As COVID-19 Cases Mount, South Florida Counties Reimpose Restrictions Before Holiday Weekend," Duane Morris Alert, July 1, 2020
• Co-author, "Florida Initiates Phase 1 of Reopening, with South Florida Counties Following a Different Track," Duane Morris Alert, May 4, 2020
• Co-author, "Florida Governor Clarifies Terms of First Statewide Safer-at-Home Order," Duane Morris Alert, April 6, 2020
• Co-author, "Florida Governor Issues Statewide Order Restricting Activities Outside the Home," Duane Morris Alert, April 2, 2020
• Co-author, "Florida Governor Issues Stay-at-Home Order—But Only for Southeast Florida," Duane Morris Alert, March 31, 2020
• Co-author, "Mix of Statewide Emergency Rules and Local Advisories Dominate Florida's Reaction to COVID-19," Duane Morris Alert, March 24, 2020
• Profiled in Miami Today, Harvey Gurland Manages Florida Offices of Global Law Firm Duane Morris, May 4, 2017
• Co-author, "Petroleum Marketing & Refining Committee's Annual Report," ABA Section on Environment, Energy and Resources' Year in Review, 2003

• Co-author, "At Firms With 'No Jerks' Rules, Abusive Attorneys Need Not Apply," Daily Business Review, October 2007

Media Hits

• Quoted, "Roundtable: Legal Voices," Invest: Miami 2022, November 2021
• Quoted, "Economic Powerhouse: Miami-Dade County is Riding the Wave of a Strong Global Economy, Recovery in Latin America and a Booming Startup Industry," Invest: Miami 2018, September 2018

Selected Speaking Engagements

• Speaker, "Litigating Commercial Claims," American Inns of Court Bench and Bar Conference, Miami, March 1, 2019

• Moderator, "Current Trends in 2017 on Constitutional Intellectual Property and Collection, and Use of Data Issues in Entertainment," International Legal Symposium on The World of Music, Film, Television and Sports, Miami, FL, March 31, 2017
• Moderator, American Bar Association Forum on the Entertainment and Sports Industries 2016
• Moderator, "Current Trends on Constitutional, Intellectual Property and Collection and Use of Data Issues," American Bar Association Forum on the Entertainment and Sports Industries 2015
• Moderator, "The Symposium Entertainment Roundtable," American Bar Association Forum on the Entertainment and Sports Industries 2014
• Moderator, "Intellectual Property Trends and Developments in the International Entertainment Industry," American Bar Association Forum on the Entertainment and Sports Industries 2013
• Moderator, "Marketing and Monetization in the Entertainment Industry in the New Age of Digital Entertainment - Where Transactional Law and Litigation Collide," American Bar Association Forum on the Entertainment and Sports Industries 2012
• "Legal Ethics," Chicago, Illinois, 1996
• "Legal Ethics," New Orleans, Louisiana, 1998
• "Premises Liability - Current Trends," Los Angeles, California, 1994
• "Petroleum Marketing Practices Act," Washington, D.C., 1989