León Cosgrove

Derek E. León

DEREK E. LEÓN IS A FOUNDING PARTNER OF LEÓN COSGROVE, LLC AND A CHAMBERS-RANKED COMMERCIAL LITIGATOR WHO HAS TRIED NUMEROUS COMPLEX CASES TO VERDICT IN STATE AND FEDERAL COURTS ACROSS THE COUNTRY.

Mr. León is praised by Chambers 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 20 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 first-chair arbitration experience in national and international arbitration forums. He also has handled appeals in both state and federal courts in a number of 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.

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.

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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.

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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.

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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)

Leadership

Mr. León co-founded the litigation boutique León Cosgrove, LLC in 2013 as a new value proposition in commercial litigation after a decade of accomplishments as an equity partner at a perennial top-10 international law firm.

For a decade, he managed a national litigation practice from Miami and Houston offices, during which he successfully tried numerous cases to verdict across the U.S.; co-chaired a firm-wide global Retail Practice Group; and led IP Disputes, Insurance Recovery, and Products Liability practices in Florida. In 2005, Mr. León became one of the youngest associates ever to be named partner from within the 1,400-lawyer firm.

Mr. León started his career as a trial lawyer in 1997 at one of the most prestigious litigation powerhouses in Houston, where he successfully tried a number of cases to verdict in state and federal courts throughout Texas. He maintains deep roots in the Houston area in addition to his Miami base of operations.

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.