Brett Amron Top Insolvency Litigator in South Florida

BRETT M. AMRON

Partner

Brett M. Amron

“He’s an effective litigator who is both skilled and tenacious.” “A very good litigator who is focused and practical.” Chambers USA 2022

Brett Amron has been a litigator his entire career. Brett advises clients nationally in complex business and bankruptcy litigation with an emphasis on director and officer liability(D&O), breach of fiduciary duty, partnership and shareholder disputes, fraud, and avoidance and recovery of preferential and fraudulent transfers. Brett represents court-appointed fiduciaries, trustees, receivers, corporations, shareholders, individuals, creditors’ committees, and secured and unsecured creditors.

Brett heads the Director and Officer Liability fiduciary practice, which identifies potential claims against directors and officers. By maximizing the return on insurance coverage, Brett has been able to produce recoveries to creditors totaling tens of millions of dollars.

Brett was an early adopter of using contingency fee arrangements in insolvency and business litigation where resources can be limited. Under Brett’s leadership, Bast Amron’s commercial contingency practice has expanded both substantively and geographically.
Brett actively represents clients in high-stakes litigation in many jurisdictions across the country, including Florida, New York, Delaware, California, and New Jersey.

Brett began practicing law as a prosecutor in Miami. From there, he joined a large local firm in its bankruptcy litigation group, where he was elevated to partner. In 2008, Brett started his own practice and, in 2009, founded Bast Amron LLP with his partner Jeffrey Bast. The firm is widely recognized as one of South Florida’s top boutique firms delivering sophisticated advice to an array of clients with complex business disputes.

Brett’s legal work in litigation and bankruptcy has been recognized: Chambers and Partners ranked USA BAND 1 for Bankruptcy Litigation; recipient of the 2022 Turnaround and Transaction of The Year Award in the Non-Profit category by The Turnaround Management Association (TMA), a premier nonprofit serving corporate renewal and restructuring professionals worldwide; recognized by The National Law Journal as a Plaintiff’s Lawyers Trailblazer; highest possible AV Preeminent® Rating, Martindale-Hubbell, in both Legal Ability and Ethical Standards. Best Lawyers in America– Listed in Creditor Debtor Rights/Insolvency and Reorganization Law; Litigation-Bankruptcy, Florida Super Lawyers, Business Litigation, Creditor Debtor Rights, Top 100 in Florida
Brett speaks and writes frequently on various topics related to his practice and is currently a member, American Bar Association, Business Law Section, and D&O Liability Committee, and member, Federal Bar Association, Federal Litigation Section Board.

Representative Experience

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)

Awards and Recognitions

2022 Turnaround And Transaction Of The Year Award in the Non-Profit category
Chambers and Partners USA BAND 1 (2022) for Bankruptcy Litigation- Florida, 2011-2022
Recognized by The National Law Journal as a Plaintiff’s Lawyers Trailblazer, 2022
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 Ability and Ethical Standards, 2010-2023
Best Lawyers In America– Listed in Creditor Debtor Rights/Insolvency and Reorganization Law; Litigation-Bankruptcy, 2013-2023
Florida Super Lawyers, Business Litigation, Creditor Debtor Rights, 2006-2022
- Top 100 in Florida 2013-2022
South Florida Legal Guide– Listed among the Top Lawyers in Corporate and Business Litigation, Bankruptcy Litigation, 2015-2022
Florida Trend, Florida’s Legal Elite, Bankruptcy, and Workout, 2005-2022

Publications

2022 co-authored-article for Norton Bankruptcy Law Adviser‘s April 2022 Issue 4 –Third-Party Releases—Where Do We Stand?
2022 contributed as co-author to the American Bar Association’s annual publication, Recent Developments in Business Courts.
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

Speaking Engagements

Panelist, “What’s the difference between a breach of fiduciary duty and doing your job really really badly? Litigating D&O claims in the modern age” panel at The American Bar Association Business Law Section Hybrid Spring Meeting, March 2022
Moderator, “Bar Orders in the Eleventh Circuit – Will They be Approved?” panel at NABT’s Regional Meeting, March 2022
Panelist, “Bankruptcy Law in 2022: A View from the Bench & Bar” the keynote panel at the American Inns of Court’s Bench and Bar Conference, February 2022
Speaker, University of Florida Levin College of Law students “Spring 2022 Applied Bankruptcy Course”, January 2022
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

Professional & Community Activities

Member, Campaign Committee, Legal Services of Greater Miami
Member, National Association of Bankruptcy Trustees
Member, American Bar Association, Business Law Section, and D&O Liability Committee
Fellow, American Bar Foundation
Member, Federal Bar Association, Federal Litigation Section Board
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

In The News

Contact Information

Email

bamron@bastamron.com

Address

One Southeast Third Avenue
Suite 2410
Miami, FL 33131
T:305.379.7904
F:305.379.7905

VCard

Education

J.D., University of Miami School of Law, cum laude
B.S. University of Florida, with honors, Finance

Business Background

Partner, Brett M. Amron, P.A.
Partner, Genovese Joblove & Battista
Associate, Genovese Joblove & Battista
Assistant State Attorney, 11th Judicial Circuit, Miami

Admitted To

Florida Bar
New York Bar
U. S. Supreme Court
U. S. Circuit Court of Appeals, Eleventh Circuit
U. S. District Court, Southern District of Florida
U. S. Bankruptcy Court, Southern District of Florida, Middle District of Florida, Northern District of Florida
U. S. Bankruptcy Court, Northern District of Texas

Areas of Practice

Director & Officer (D&O) Liability
Insolvency Litigation
Commercial Litigation