Business Trial Practice

Ehrenstein|Sager has a broad business trial practice, skillfully representing clients in all manner of disputes. Notwithstanding its wide-ranging experience, the firm possesses concentrated knowledge within the following select industries and practice areas.

 

  • Aerospace
  • Healthcare
  • International Litigation and Arbitration
  • Real Estate and Construction

AEROSPACE

Shortly after the Wright brothers’ first flight, Miami Beach boasted one of the world’s first flight schools. South Florida’s proud aviation history, with flying boats, the first commercial terminal, and headquarters for several airlines, serves as the foundation for the continued robust development of its aerospace industry, which today accounts for billions in goods and services. Miami International Airport alone generates over $33 billion in business revenue, handling more international freight than any other airport in the United States, and serving 44 million passengers per year.

Not surprisingly, business disputes erupt in South Florida’s (and indeed the nation’s) ever-expanding aerospace industry. Ehrenstein|Sager has the industry knowledge to effectively and strategically represent aerospace stakeholders in the prosecution or defense of these legal disputes.

From original equipment manufacturers (OEM) to PMA manufacturers, from landing gear to engines, and air frames to avionics, Ehrenstein|Sager attorneys have successfully litigated, arbitrated, and tried all manner of disputes arising within the aerospace industry. For example:

  • When the largest logistics suppliers of overhauled engines faced claims by a national airline for breach of warranties and fraud in the sale of several 747 engines, we asserted counterclaims for the engine supplier and resolved the case with the airline paying the supplier $8 million—100% of the amount due, plus legal fees.
  • For a major supplier of military equipment, we obtained an extraordinary preliminary mandatory injunction, requiring a foreign maintenance and repair facility to deliver landing gear for a P-3 Orion sub-hunter that was critical to the national security of a US ally. The injunction not only ensured the foreign government’s capability to defend its territorial water from hostile submarine activity, it also permitted our client to deliver and be paid for the gear it promised.

We know the aerospace industry and its complex and varied legal problems. If your aerospace company is confronting legal challenges, you need Ehrenstein|Sager’s counsel.

HEALTHCARE

South Florida is home to an enormous and vibrant healthcare ecosystem– including medical schools, research institutes, biotech companies, imaging centers, ambulatory surgery centers, physician practice groups and hospitals. Healthcare business can be extremely lucrative, and as a result this industry foments a high degree of competition and conflict. When that occurs, clients hire Ehrenstein|Sager because we have the industry knowledge and experience to effectively and strategically represent health care industry stakeholders in the prosecution or defense of these legal disputes.

For example:

  • A private equity group purchased and then sold a series of imaging centers. Unfortunately, the transactions spawned multiple inter-related lawsuits between purchasers and sellers, based on sundry claims including, fraudulent inducement, breach of express warranties of legal compliance and reported anti-kickback and Stark law violations, and indemnity.
  • In addition, the Department of Justice initiated a qui tam proceeding based on a whistle blower’s disclosure of the alleged kick-back and Stark violations. The private equity group faced exposure in excess of $70 million. Though the private equity group was literally “in the middle” of the transactions at issue, we deftly defended and counterclaimed, placing 100% of culpability on the original seller and the subsequent purchaser—eliminating all of the private equity group’s legal exposure.
  • A public company in the business of owning and managing ambulatory surgery centers (ASC) acquired multiple ambulatory surgery facilities. Unfortunately, the sellers duped the purchaser into buying based on fraudulent representations concerning the financial performance of the centers, and further breached their subsequent obligations to work with and not compete against the ASC. We sued the Sellers, and obtained complete relief for the public company, including damages and injunctions against future competition.

We know how to litigate and try healthcare industry issues. If your healthcare business is facing legal challenges, you need Ehrenstein|Sager’s counsel.

INTERNATIONAL LITIGATION AND ARBITRATION

South Florida’s unique geographic and cultural position makes it a truly international city. Miami boasts an incredibly diverse and growing population from around the world (not just Latin America and the Caribbean). Supported by efficient convenient transportation infrastructure through its ports, Miami flourishes as a hotbed of international commerce for all manner of goods and services. As Miami’s international prominence continues its meteoric growth, clashing business interests will inevitably require representation by sophisticated lawyers with refined judgment in the international context. Supported by its alliance through Abacus Worldwide, a global network of attorneys and accountants, Ehrenstein|Sager has the sophistication and judgment born of experience to effectively represent clients in the international arena.

For example:

  • The Republic of Angola was sued in federal court for alleged non-payment of $52 Million due under power generation and service agreements. The Plaintiff aggressively attempted to leverage an early and unfavorable resolution by threatening Angola with a prejudgment writs against local assets. Angola hired Ehrenstein|Sager to defend. We obtained critical local knowledge and support in Luanda from Abacus members, providing better geographic coverage and deeper local insight than traditional large law firms. We quickly martialed defenses based on the Foreign Sovereign Immunities Act and contract terms requiring arbitration of disputes. Based on these defenses, the Plaintiff conceded, voluntarily dismissed its lawsuit, and was forced to pursue its remedies exclusively through arbitration in Luanda applying Angolan law.
  • The majority owners of a privatized national cement business in the Dominican Republic tried to squeeze the minority shareholder out of ownership and management. We represented the minority shareholder in litigation (including multiple appeals) across multiple jurisdictions, including the Dominican Republic, Switzerland, Spain, and Panama, as well as international arbitration in which the minority shareholder ultimately prevailed. ​

We know how to litigate, try or arbitrate international disputes. If your business is facing international legal challenges, you need Ehrenstein|Sager’s counsel.

REAL ESTATE AND CONSTRUCTION

South Florida’s boom and bust real estate and construction markets are breeding grounds for disputes. Strong growth and big returns can signal increased volatility and higher risk. Secure deals can crumble as allegiances and opportunities shift to stay ahead of market turbulence. Projects can stall for lack of skilled workers or lack of capital. And disputes can arise, over quality and performance, over engineering and design, over disagreements between co-owners, financing obstacles, entitlements, and more.

When differences in real estate and construction evolve into lawsuits, industry players seek out Ehrenstein|Sager to protect their interests.

We have a long history of advocating and trying cases for businesses and individuals in the sector—from brokers to sellers or purchasers, owners to lenders, design professionals to developers, and contractors to material-men.

Our martial arts approach to litigation—aggressive pre-trial preparation to identify and evaluate every option available to our clients, and thoughtful agility once trial starts to adapt our strategy in response to weakness and strengths our opponents reveal over the course of the trial— helps our clients need to achieve their objectives. For example:

  • We represented a general contractor in an action against a municipality and its surety for wrongful termination of an agreement to build City Hall, resolving the case in favor of the contractor with payment from the municipality and its surety.
  • We represented a broker in a joint venture dispute concerning the broker’s financial interest in an urban assemblage. The case involved complex damage models and valuation of ownership of the venture. We were argued the valuation issues and assisted in obtaining a favorable outcome for our client.
  • We represented a condominium association against its architect and engineers for windstorm damages. Our client sought damages only for costs of rebuilding and replacing pipes bringing water to rooftop air conditioning chillers. The case settled when a wind load analysis established that building sway during the windstorm caused the pipe damage.
  • We represented a condominium association harmed by excessive water intrusion caused by failures of waterproofing and painting workmanship and materials.

With more than 30 years’ experience fighting for the rights of their real estate and construction clients, the lawyers at Ehrenstein|Sager are well positioned to help you meet and overcome legal challenges in this sector.