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Jeremy J. Hart

Senior Counsel

SunTrust International Center

One S.E. Third Ave., Ste. 1400

Miami, Fl 33131

T:305.379.7904

F:305.379.7905

Jeremy has almost thirty four years of experience as a commercial trial attorney and has been involved in numerous jury and non-jury trials in the State and Federal courts

Jeremy’s practice includes representation of individuals and business entities in a broad range of commercial disputes in the Federal, Bankruptcy and State courts including breach of contract, a variety of bankruptcy adversary actions, real and personal property foreclosure, products liability, creditor’s rights, business torts, breach of warranty, sales of goods, injunctions and other prejudgment remedies, and real estate litigation including specific performance, quiet title actions and ejectment.

Throughout his career, Jeremy has represented financial institutions in areas such as lender liability, negotiable instrument disputes, wire transfer issues (Articles 3, 4 and 4A UCC), letters of credit (Article 5 UCC), account disputes, operational advice, and the preparation of agreements including deposit agreements, wire transfer agreements, ACH agreements and agreements for new banking products.

Jeremy is also well versed in litigation of construction defects, design defects, architectural and engineering malpractice and construction product liability actions.

Representative Matters

Insolvency Litigation:

  • Special litigation counsel to Assignee of CareSync, Inc., retained to investigate and prosecute breach of fiduciary duty claims against the former directors and officers
  • Special litigation counsel to the Liquidating Trustee of SMF Energy Corporation, a provider of mobile fleet fueling services, entailing an in-depth investigation of claims on an expedited basis, including procurement and review of hundreds of thousands of pages of documents, and coordination of depositions across the country, which resulted in a recovery of over $5 million for creditors
  • Special litigation counsel to the Trustee of the Creditor Trust of ATIF, Inc., asserting claims against the former officers and directors of the Debtor, which resulted in a recovery of $2.25 million for creditors
  • Representation of bankruptcy trustee in accounting malpractice action against Debtor’s outside accountants resulting in a very favorable settlement
  • Successfully represented a debtor against the Chapter 7 trustee resulting in a settlement exempting millions in assets
  • Acted for bankruptcy trustee against private equity company which had purchased debtor and placed it in bankruptcy resulting in a settlement of over $2 million
  • Represented offshore corporations controlled by former officers and directors of bankrupt foreign bank in defense of an adversary action in Bankruptcy Court seeking avoidance of the corporations’ title to apartments in New York City

Banking:

  • A large local community bank in a wide variety of banking related issues such as account disputes; litigation of fraud and forgery; wire transfers and commercial foreclosure
  • Local community bank as general outside counsel in a wide variety of matters including litigation of many kinds, regulatory issues and the preparation of contracts for new banking products and agreements of various kinds between the bank and its vendors and customers
  • Local community banks in preparation of Originator Financial Institution ACH contracts
  • Local and national banks in commercial foreclosures and appointment of receivers for commercial property

Construction Litigation Representations:

  • Successfully represented a major commercial landlord in a construction dispute with the co-owner of the building resulting in repairs worth several million dollars
  • A local university in the litigation over defects in a new building on campus resulting in a settlement of over $2 million
  • Represented the owner of a commercial building in litigation against national manufacturer over defective glass in a high rise building resulting in a settlement of over $1 million
  • Represented a government corporation in litigation over the defective design of a building resulting a sizeable verdict for the client at trial

General Litigation Representations:

  • One of the senior members of a 30 plus attorney team representing national bank in litigation over insurance of securitized mortgages
  • Hotel management company in litigation involving application of foreign law with owner of one of its hotels over breach of hotel management contract resulting in very favorable settlement for client
  • National golf course management corporation in property dispute with local developer resulting in favorable settlement for client
  • Southwest Florida golf club in litigation with resigned members over resignation and refund policy worth more than $20 million resulting in summary judgment for client
  • Owner of chain of rehabilitation facilities against a national bank which had allowed unauthorized persons to operate business accounts resulting in a settlement in favor of the client
  • Represented a global technology company in a dispute with taxing authorities regarding successor liability for unpaid sales and franchise taxes, penalties and interest
  • Represented a global technology company in an employment contract dispute involving an alleged breach of a non-solicitation provision
  • Represented owner of local restaurant sued for violation of Lanham Act resulting in a nuisance value settlement
  • Represented British Virgin Islands insurance management company in defeating RICO claim brought by former customer

Publications and Speaking Engagements

  • Presentations to banking organizations on various subjects, including Articles 3, 4, 4A and 9 UCC; loss avoidance in bank operations and detecting bank fraud

Professional and Community Activities

  • Member, Dade County Bar Association

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Education

J.D., University of Florida College of Law, cum laude
B.A., University of Florida, cum laude

Business Background

Shareholder, Gunster, Yoakley & Stewart, P.A.
Shareholder, Valdes-Fauli, Cobb & Petrey, P.A.
Associate, Valdes-Fauli, Cobb & Petrey, P.A.

Admitted To

Florida Bar
U. S. District Court, Southern District of Florida, Middle District of Florida
U. S. Circuit Court of Appeals, Eleventh Circuit