BRETT M. AMRON

Director & Officer, Fiduciary Liability and Professional Negligence

• Special litigation counsel to Liquidating Trustee of Orchid’s Paper Products Liquidating Trust retained to investigate and prosecute breach of fiduciary duty claims against the former officers and directors
• Special litigation counsel to Washington State Court Appointed Receiver of Infectious Disease Research Institute, retained to investigate and prosecute breach of fiduciary duty claims against the former officers and directors
• Special litigation counsel to Trustee of Liquidation Trust of Modell’s Sporting Goods, Inc., retained to investigate and prosecute breach of fiduciary, avoidance, and other claims against the former officers, directors, and insiders
• Special litigation counsel to Assignee of Allied Aerofoam Products, LLC, retained to investigate and prosecute breach of fiduciary duty claims against the former officers and directors
• Special litigation counsel to the Liquidating Trustees of Advanced Blast Protection, Inc., retained to investigate and prosecute breach of fiduciary duty claims against the former officers and directors, which resulted in a recovery of $1.95 million for creditors
• Special litigation counsel to the Liquidating Trustee of SMF Energy Corporation retained to prosecute claims for breach of fiduciary duty against the former directors and officers, which resulted in a recovery of $6.1 million for creditors
• Special litigation counsel to the Chapter 11 Plan Administrator in E-Brands Restaurants, LLC, et al., retained to prosecute breach of fiduciary duty claims against the former directors and officers, which resulted in a recovery of $1 million (100% of the insurance policy proceeds) for creditors
• Special litigation counsel to Assignee of Recovery Associates of the Palm Beaches, Inc., retained to prosecute breach of fiduciary duty claims against the former directors and officers, which resulted in a recovery for creditors
• Special litigation counsel to the Chapter 7 Trustee of AA Florida Bridal Retail Company, LLC, et al, retained to prosecute breach of fiduciary duty claims against the former officers and directors, which resulted in a recovery of $2 million for creditors
• Special litigation counsel to the Trustee of the Creditor Trust of ATIF, Inc., retained to prosecute breach of fiduciary duty claims against the former officers and directors, which resulted in a recovery of $2.25 million for creditors
• Special litigation counsel to Washington State Court Appointed Receiver of Papa Washington, LLC, and J. Sound Pizza, LLC, retained to, prosecute breach of fiduciary duty claims against the former directors and officers, which resulted in a $1.6 million recovery for creditors
• Special litigation counsel to Chapter 7 Trustee of MFPI Group, Inc., retained to investigate and prosecute breach of fiduciary duty claims against the former directors and officers, which resulted in a recovery to creditors
• 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 Chapter 7 Trustee of UVLrx Therapeutics, Inc., retained to pursue claims against D&O insurer for declination of coverage and recovery of excess judgment
• Special litigation counsel to Chapter 7 Trustee of UVLrx Therapeutics, Inc., retained to investigate and prosecute breach of fiduciary duty claims against the former directors and officers, which resulted in a settlement and entry of a consent final judgment in excess policy limits
• Special litigation counsel to Chapter 7 Trustee of Astor & Black Custom, LLC, retained to prosecute breach of fiduciary duty claims against the former directors and officers, which resulted in a recovery of $2.5 million for creditors
• Special litigation counsel to Assignee of Panelfold, Inc., retained to investigate and prosecute breach of fiduciary duty claims against the former directors and officers, which resulted in a settlement and recovery for creditors.
• Special litigation counsel to Chapter 7 Trustee of Puglia Engineering, Inc., retained to prosecute breach of fiduciary duty claims against the former directors and officers, resulting in a recovery of 90% of the remaining insurance proceeds to creditors
• Special litigation counsel to Chapter 7 Trustee of Scott Acquisition Corp., retained to prosecute director and officer liability and professional malpractice claims, which resulted in a recovery in excess of $4.5 million for creditors
• Special litigation counsel to Assignee of Saco Trading, LLC, retained to prosecute breach of fiduciary duty claims against the former directors and officers, which resulted in a recovery to creditors

Insolvency Litigation

• Counsel to Assignee in assignment for the benefit of creditors of Miami Perfume Junction, Inc., 2851 Investments, LLC, Doral International Products, LLC, and Clarus Group, Inc., retained to administer the estate, and investigate and prosecute breach of fiduciary duty, avoidance, collection and other claims against the former insiders, and various third parties
• Special litigation counsel to the Curator for the Probate Estate of Victor Posner retained to prosecute claims against surety bond for removed personal representative’s breaches of fiduciary duty, which resulted in a recovery of $12 million for creditors
• Special litigation counsel to the Chapter 7 Trustee of AA Florida Bridal Retail Company, LLC, et al, retained to assert lender liability claims against a hedge fund, which resulted in a recovery of $2.25 million for creditors
• Counsel to a consortium of lenders to prosecute negligent misrepresentation claims against an Actuary for a defunct medical services provider, which resulted in a recovery to our clients

Commercial Litigation

• Counsel to displaced partner of a high-profile law firm in a three-day arbitration of a partnership dispute resulting in a multi-million dollar award in favor of client
• Counsel to multi-national corporation pursuing multi-million dollar breach of contract, guarantee claims, and defending counterclaims with alleged damages in excess of $40 million
• Counsel to foreign corporation and U.S. subsidiary in defense of breach of contract, negligence, negligent misrepresentation claims with alleged damages in excess of $20 million
• Counsel to developer of TAO, a 400 unit luxury condominium, defending rescission and breach of contract claims

Reported Decisions:

• Village Condominium Ass’n v. Association Financial Services, C., 151 So.3d 1259 (Fla. 3d DCA 2014) (table)
• Yarns America, Inc. v. Jab Textiles, Inc., 78 So.3d 550, District Court of Appeal of Florida, Fourth District, February 01, 2012, Parallel Citations (2012 WL 287797 4th DCA FLA 2012)
• KPMG LLP v. State, Dept. of Ins., 833 So. 2d 285 (1st DCA FLA 2002)
• In re Simon, United States Bankruptcy Court, S.D. Florida. June 17, 2010, (2010 WL 3633496)
• In re Scott Acquisition Corp., 344 B.R. 283, United States Bankruptcy Court, D. Delaware. June 23, 2006 (WL 46 Bankr. Ct. Dec. 196)
• In re Scott Acquisition Corp., 364 B.R. 562, United States Bankruptcy Court, D. Delaware. March 06, 2007 (WL 47 Bankr. Ct. Dec. 280)

• Recognized as Florida Trailblazers in the ALM-Daily Business Review’s second annual Florida Trailblazers special supplement, 2020
• Highest Possible AV Preeminent® Rating, Martindale-Hubbell In Both Legal and Ethical Standards
• Best Lawyers In America– Listed in Creditor Debtor Rights/Insolvency and Reorganization Law; Litigation-Bankruptcy (2013-2019)
• Chambers and Partners USA for Bankruptcy, 2011-2019
• Florida Super Lawyers, Business Litigation, Creditor Debtor Rights, 2006-2020
  • Top 100 in Florida 2013-2020
• South Florida Legal Guide– Listed among the Top Lawyers in Corporate and Business Litigation, Bankruptcy Litigation, 2015-2020
• Florida Trend, Florida’s Legal Elite, Bankruptcy, and Workout, 2005-2020

• 2017 Edition “Director & Officer Liability for WARN Act Claims in Light of Stanziale”- ABA Business Law Today, July 2017
• 2016-2019 Editions “Recent Developments In Business and Corporate Litigation”- The Business Courts Chapter for Contributors, December 2016-2019
• ABA Flash Report- Business Law Section D&O Liability Committee-“Delaware Supreme Court Emphasizes Public Policy Behind Support of Advancement” December 2016
• ABA Flash Report-“Sec Sues General Counsel of RPM International Based on Alleged Disclosure and Accounting Failures, Apparently In Violation of Corporate Reporting and Disclosure Requirements” September 2016
• ABA Flash Report-“Delaware Supreme Court Affirms Court of Chancery’s Lack of Damages Award as an Exercise of Remedial Discretion in Optimiscorp V. Waite.May 2016
• ABA Flash Report-“Delaware Supreme Court Affirms Court of Chancery’s Lack of Damages Award as an Exercise of Remedial Discretion in Optimiscorp V. Waite. May 2016
• ABA Flash Report– Business Law Section D&O Liability Committee–“Advancements of Fees For Former Officers” April 2016
• ABA Flash Report – Removal of Directors: Vaalco Energy Shareholder Litigation, April 2016
• “Florida Complex Business Litigation Courts,” for inclusion in the American Bar Association publication “Recent Developments in Business and Corporate Litigation” June 2015

• Panelist, Webinar: D&O Liability Litigation: Cutting-Edge Strategies & Insights, hosted by The Central Florida Bankruptcy Law Association, March 2021
• Panelist, Webinar: D&O Indemnity Claims in Bankruptcy: Navigating Third-Party Suits, Chapter 11, and D&O Insurance Coverage, Presented by Strafford Publications, Inc., January 2021
• Panelist, Webinar: D&O Liability Litigation: Cutting-Edge Strategies & Insights, Presented by The Bankruptcy Bar Association Southern District of Florida, November 2020
• Panelist, Webinar: Navigating D&O Fiduciary Duties in the Zone of Insolvency: Avoiding and Defending Fiduciary Duty Claims and Maximizing D&O Insurance Coverage, Presented by Strafford Publications, Inc., October 2020
• Speaker, Webinar: Best Practices for Directors & Officers in an Economic Downturn, hosted by Turnaround Management Association, July 2020
• Speaker, Webinar: Managing Corporate/Entity and Individual Asset Cases, hosted by NABT | National Association of Bankruptcy Trustees, May 2020
• Speaker, Director & Officer Claims – A Fiduciary’s Perspective, N.D.Fla. Bankruptcy Bar Association Annual Seminar, Pensacola, September 2019
• Speaker, Webinar: D&O Indemnity Claims in Bankruptcy: Navigating Third-Party Suits, Chapter 11 and D&O Insurance Coverage, Presented by Strafford Publications, Inc., August 2019
• Speaker, Webinar: Navigating D&O Fiduciary Duties in the Zone of Insolvency, Presented by Strafford Publications, Inc., June 2019
• Speaker, Webinar: Director & Officer Litigation: Navigating Claims Through the Zone of Insolvency, Presented by Pincus Professional Education, February 2019
• Speaker, Director, and Officer Liability for WARN Act Claims After Stanziale, ABA Business Law Section Spring Meeting, New Orleans, April 2017
• Speaker, A Critical Skills Workshop: Expert Witness Depositions, Fort Lauderdale, March 2017
• Panelist, Seminar: Fifth Annual Circuit Court Boot Camp: Motions for Summary Judgment, Orlando, April 2016
• Speaker, Bankruptcy Ins and Outs of Dischargeability: Avoiding a Malpractice Threat, California, May 2015
• Panelist, Director Oversight Liability In The Cybersecurity Age: The Interplay of Caremark/Stone and Effective Risk Management, ABA Business Law Section Spring Meeting, April 2015
• Panelist, Seminar: Involuntary Bankruptcy, Miami, March 2015
• Speaker, Bankruptcy Litigation, Nova Southeastern University, March 2015
• Moderator, Practicing with Professionalism, Florida Bar, January 2015
• Partnership and Shareholder Disputes, Florida Institute of Certified Public Accountants Broward Chapter, November 2012
• Speaker, Collections: Seeking and Collecting a Judgment, National Business Institute Seminar, Miami, September 2011
• Complex Bankruptcy Issues, National Business Institute webcast, May 2010
• Speaker, Nuts, and Bolts of Bankruptcy Law, National Business Institute, Miami, February 2008-2010

• Chair, Developments Sub-Committee, American Bar Association, Business Law Section, D&O Liability Committee
• Fellow, American Bar Foundation
• Member, Federal Bar Association
• Member, Bankruptcy Bar Association of the Southern District of Florida
• Member, American Bankruptcy Institute
• Member, American Bar Association, Joint Task Force on the Governance of Distressed Entities
• Member, American Bar Association
• Member, Advisory Board of the Legal Leaders Fundraising Campaign, Dade Legal Aid/Put Something Back Project, Dade County Bar Association
• Past President, Board of Directors, University of Florida Hillel
• Member, Board of Directors, Temple Beth Am – 2008-2011

• BRETT AMRON WAS QUOTED IN A LAW 360 ARTICLE, “ORCHID PAPER TRUSTEE SAYS CEO DROVE COMPANY INTO CH. 11” MIAMI, FL
• BAST AMRON RECEIVES RECOGNITION IN THE SOUTH FLORIDA LEGAL GUIDE 2021 EDITION
• Bast Amron Attorneys Obtain Trial and Appellate Court Victories Regarding Possession of Attorney-Client Privilege in Assignments for the Benefit of Creditors
• BRETT AMRON QUOTED IN DAILY BUSINESS REVIEW -RARE STANDING GRANTED IN BANKRUPTCY ARGUMENT HINGED ON 13TH AMENDMENT
• BRETT AMRON PRESENTS TO CFBLA ON D&O LIABILITY LITIGATION: CUTTING-EDGE STRATEGIES & INSIGHTS
• HARMONY: BE A GREAT LAWYER, DAD AT THE SAME TIME: AN INTERVIEW WITH BRETT AMRON
• BRETT AMRON PRESENTS ON D&O INDEMNITY CLAIMS IN BANKRUPTCY: NAVIGATING THIRD-PARTY SUITS, CHAPTER 11, AND D&O INSURANCE COVERAGE
• BRETT AMRON PRESENTS ON D&O LIABILITY LITIGATION: CUTTING-EDGE STRATEGIES & INSIGHTS
• BRETT AMRON PRESENTS ON NAVIGATING D&O FIDUCIARY DUTIES IN THE ZONE OF INSOLVENCY
• Brett Amron and Jeffrey Bast, Founding Partners of Bast Amron, Named by the ALM-Daily Business Review as Florida Trailblazers of 2020