Derek E. León

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He has also been praised by Chambers over the years for his “wide range of litigation and trial skills,” including his “excellent sense of strategy” and oral advocacy skills. Chambers also underscores his expertise in complex disputes “across a wide array of sectors, including financial services, manufacturing, technology and real estate.” His more than 25 years of commercial trial experience also encompasses the software and agricultural sectors.

In addition to his significant first-chair trial experience in both state and federal courts across the nation, Mr. León also has extensive first-chair arbitration experience in national and international arbitration forums. In 2017, Mr. León led a trial team to one of the largest arbitration awards in the country.  He has also handled appeals in both state and federal courts in several jurisdictions.

Mr. León’s results-oriented advocacy drives him to develop the optimal strategy for each client and matter. Whether it involves sophisticated motion practice or a full-scale trial, he always strives to win “globally” on every parameter important to the client.

Community Involvement

From 2010 to 2013, Mr. León served as General Counsel to the Congressional Hispanic Caucus Institute, a non-profit organization based in Washington, D.C., and led by U.S. congressional leaders and senior executives from numerous Fortune 500 companies, all dedicated to developing the next generation of Latino leaders.

In 2006, he founded LegalLine of Miami-Dade, a free and anonymous legal advice community hotline sponsored by the Dade County Bar Association and has served as LegalLine’s chair since inception. In 2008, LegalLine garnered a prestigious pro bono award from The Florida Bar and was recognized as the best pro bono program in the state.

Mr. León is also a graduate of the Greater Miami Chamber of Commerce’s “Leadership Miami” program and is a long-time member of the GMCC.

Representations

Intellectual Property

Trace-Wilco, Inc. v. Symantec Corporation, et al. Case No. 08-CV-80877-KAM. Represented defendant in patent infringement action.

Cross County Home Services, Inc. v. Home Services USA Corporation, et al., Case No. 08-CV-61456-PAS. Represented domestic and international companies in successful defense of a multi-million-dollar trademark infringement action.

Linea Italia Silver & Gold, S.R.L. v. L.P. Watch Group, Inc., Case No. 10-CV-60921-JIC. Represented on-line retailer in claims alleging Lanham Act violations.

Apollo Global Management LLC v. Apollo Financial Management Group, LLC et al., Case No. 11-CV-80354-DMM. Represented plaintiff in prosecution of trademark infringement claim and claim for injunctive relief.

ArrivalStar S.A. et al. v. Ramco Systems Corporation et al., Case No. 11-CV-21376-RNS. Represented defendant in patent infringement action.

Costa Farms, LLC v. Costa Tropicals and Flowers, Inc., Case No. 12-CV-23101-DLG. Represented plaintiff in successful trademark infringement and state tort claims for injunctive relief and damages.

iDesk Solutions, U.S.A., Inc. v. InTouch Technology, Inc., Case No. 13-CV-20988-CMA. Represented defendant in claims for trade secret violations and breach of NDA.

SunGard Public Sector, Inc. v. Innoprise Software, Inc., No. 6:10-cv-1815-Orl-19GJK (M.D. Fla.) (2012): Represented plaintiff in a suit against a competitor, its shareholders and its Canadian successor-in-interest, for violations of the U.S. Copyright Act, the Lanham Act and the Uniform Fraudulent Transfers Act, arising from the unauthorized use of proprietary software source code.

Columbia Data Products, Inc. v. Symantec Corporation, Case No. 6:06-CV-00066-JA-KRS – Represented defendant in two-week jury trial for alleged copyright infringement and breach of contract.

Financial Services Litigation

JPMorgan Chase Bank, N.A. et al. v. Ben-Ezra & Katz, P.A., Case No. 11-CV-60655-JIC. Represented bank in successful claim for injunctive relief.

Aris Multi-Strategy Fund, L.P. v. Guerra, et al., No. 602982/09 (N.Y. Sup. Ct.); Aris Multi-Strategy Fund, L.P. v. Quantek Opportunity Fund, L.P., Case No. 11-10074CA40. Represented investment manager in defense of state law claims arising from alleged negligence and pursuit of insurance recovery claims under D&O policy.

Zimmerman et al. v. JPMorgan Chase Bank, N.A. et al., Case No. 9:11-CV-81106-DMM. Defense of mass action complaint.

Led a 42-person U.S. litigation team in 200 jurisdictions on claims relating to mortgage fraud during the mortgage crisis, including the national effort to prepare over 4,000 cases for trial.

Insurance Recovery

Republic Services, Inc. v. American International Specialty Lines Insurance Company, Case No. 07-CV-21991-ASG. Represented plaintiff in a $67 million insurance recovery claim for damages arising from landfill clean-up.

Costa Nursery Farms v. Arch Specialty Ins., Case No. 06-CV-22450-MGC. Represented plaintiff in a $20 million insurance recovery claim for structural damages arising from hurricane damage.

Ocean Bank v. Progressive Casualty Insurance, Case No. 07-CV-22295-EGT. Represented plaintiff in a multi-million-dollar insurance recovery claim for indemnification arising from claims of former officer and director.

Aris Multi-Strategy Fund, L.P. v. Guerra, et al., No. 602982/09 (N.Y. Sup. Ct.); Aris Multi-Strategy Fund, L.P. v. Quantek Opportunity Fund, L.P., Case No. 11-10074CA40. Represented investment manager in defense of state law claims arising from alleged negligence and pursuit of insurance recovery claims under D&O policy.

Gary Gross v. Bobby R. Davis, Jr., individually, and PM Transport of Florida, Inc., C.A. No. 2:07-cv-3787-PMD; Radha Bhat v. Bobby R. Davis, Jr., individually, and PM Transport of Florida, Inc., C.A. No. 2:07-cv-4050-PMD; Clinton Wilmont Seabrook v. Bobby R. Davis, Jr., individually, and PM Transport of Florida, Inc., C.A. No. 2:07-cv-4088-PMD; Jeannette Walton and Larry v. Bobby R. Davis, Jr., individually, and PM Transport of Florida, Inc., C.A. No. 2:07-cv-4110-PMD; Pauline Jean Fleming v. Bobby R. Davis, Jr., individually, and PM Transport of Florida, Inc., C.A. No. 2:07-cv-4089-PMD; Aubrey Simmons v. Bobby R. Davis, Jr., individually, and PM Transport of Florida, Inc., C.A. No. 2:07-cv-4092-PMD.

Malinda Donnielle Middleton v. Bobby R. Davis, Jr., individually, and PM Transport of Florida, Inc., C.A. No. 2:07-cv-4093-PMD; Elmore James v. Bobby R. Davis, Jr., individually, and PM Transport of Florida, Inc., C.A. No. 2:08-00850-PMD, U.S. District Court for the District of South Carolina. Defense of $90 million in claims and insurance recovery under multi-towered policy structure.

General Commercial Litigation

NCL (Bahamas) Ltd. v. ABB Ltd., et al., Case No. 05-CV-21796-JAL. Represented defendant in defense of $200 million warranty and tort claims.

In re: Dreams, Inc. Shareholder Litigation, No. 12-11242 (07) (Fla. Cir. Ct.) (Judge Streitfeld). Represented defendant in shareholder derivative action.

Costa Layman, LLC v. Copeland, Case No. 13-CV-24309-JEM. Prosecuted violation of non-compete and claim for injunctive relief.

Cardinal Commercial Development, LLC v. Pan American West, Ltd., 50 So.3d 68 (Fla. 3d DCA 2010): Represented Plaintiff, Cardinal Commercial Development LLC, at the trial court and on appeal, in a commercial real estate dispute over land use provisions in a purchase agreement for the development of land in an industrial park.

Reported Decisions

Acosta v. Merscorp Inc., 2007 WL 2153563 (S.D. Tex. 2007)

Bennett v. United States Water Polo, Inc., 2009 WL 1089480 (S.D. Fla. 2009)

Citadel Commerce Corp. v. Cook Sys., LLC, 2010 U.S. Dist. LEXIS 54730 (M.D. Fla. 2010)

Columbia Data Prods. v. Symantec Corp., 2008 WL 516748 (M.D. Fla. 2008)

Cross Country Home Servs. v. Home Serv. United States Corp., 2010 WL 331752 (S.D. Fla. 2010)

In re Deepwater Horizon, 745 F.3d 157 (5th Cir. 2014)

In re Sinaltrainal Litig., 474 F. Supp. 2d 1273 (S.D. Fla. 2006)

JPMorgan Chase Bank, N.A. v. Ben-Ezra & Katz, P.A., 2011 U.S. Dist. LEXIS 41047 (S.D. Fla. 2011)

Kaye v. Ingenio, Filiale De Loto-Quebec, Inc., 2014 U.S. Dist. LEXIS 73180 (S.D. Fla. 2014)

Pan American West, Ltd. v. Cardinal Commer. Dev., LLC, 50 So. 3d 68 (Fla. 3d DCA 2010)

Robinson v. Merscorp Inc., 2008 U.S. Dist. LEXIS 8714 (S.D. Tex. 2008)

SunGard Pub. Sector, Inc. v. Innoprise Software, Inc., 2012 U.S. Dist. LEXIS 12858 (M.D. Fla. 2012)

Trace-Wilco, Inc. v. Symantec Corp., 2009 U.S. Dist. LEXIS 13646 (S.D. Fla. 2009)

Tvestments, Ltd. v. L.K. Station Group, LLC, 2008 U.S. Dist. LEXIS 120804 (S.D. Fla. 2008)

Zephyr Aviation III, L.L.C. v. Keytech Ltd., 2008 U.S. Dist. LEXIS 21944 (M.D. Fla. 2008)

Practice Areas

Commercial Litigation

Banking & Financial Services

Class Action

Intellectual Property

Real Estate

Insurance Recovery

Honors & Awards

Chambers USA, Commercial Litigation in Florida

The Best Lawyers in America©, Commercial Litigation, 2019 - Present

Law360, Trial Pro, 2016

Hispanic Business Magazine, Top 30 Corporate Influentials in the U.S. (One of Only Four Outside Counsel Attorneys to Make the List), 2011

The Florida Bar, Lynn Futch “Most Productive Young Attorney” Award, 2007

South Florida Business Journal, Top Up & Comer in the Legal Industry, 2007

Florida Trend Magazine, Legal Elite, 2007 - Present

Court Admissions

Florida

Texas

U.S. District Courts for the Southern, Middle, and Northern Districts of Florida

U.S. District Courts for the Southern, Northern, Eastern, and Western Districts of Texas

U.S. Courts of Appeals for the Fifth and Eleventh Circuits

Education

J.D., University of Miami School of Law, cum laude, 1997

B.A., Florida State University, 1993

Languages

English, Spanish