Overview
Rick Gross has more than 32 years of legal experience serving a variety of business clients. His multifaceted commercial litigation practice includes aspects of banking, real estate, securities, business torts, and creditors' rights, including bankruptcy. Rick litigates cases involving such claims in federal and state courts in Florida and throughout the United States. Rick also handles commercial loan workouts and foreclosures involving all types of real property including raw land, retail, office, multifamily, and condominiums throughout the country.
Experience
Acted as lead trial counsel for plaintiff (who acquired the loan at issue from BB&T after suit was filed) in a commercial foreclosure action, which resulted in the entry of a money judgment in favor of client in an amount in excess of $5.6 million. Branch Banking & Trust Co. v. FTP Investment Corp., No. 12-18634-CA-15 (Fla. Cir. Ct.).
Acted as lead trial counsel in a commercial foreclosure action filed in Florida state court involving a condominium development in Coral Gables, Florida, which resulted in the entry of a foreclosure judgment in favor of client in an amount in excess of $38.1 million. On the eve of a foreclosure sale borrower filed a Chapter 11 bankruptcy proceeding and client became the largest secured creditor in the case. The Chapter 11 proceeding confirmed a plan of reorganization which included all of the protections requested by the client and pays the client 100% on its secured claim. The plan also allows the client to retain its lien on the property until paid in full. MUNB Loan Holdings, LLC v. Ponce Trust, LLC, No. 10-63470-CA-15 (Fla. Cir. Ct.); In re Ponce Trust, LLC, No. 12-14247 (Bankr. S.D. Fla.).
Obtained summary judgment in favor of client resulting in dismissal with prejudice of all of plaintiff's claims in case in which $54 million in damages was sought. Ellipsis, Inc. v. Color Works, Inc., No. 2:03-cv-02939, 2006 WL 1207589 (W.D. Tenn. May 4, 2006).
Had plaintiff's expert witnesses stricken with prejudice based upon failure of plaintiff's proposed expert testimony to comply with Federal Rule of Evidence 702 and Daubert. Ellipsis, Inc. v. Color Works, Inc., 428 F. Supp. 2d 752 (W.D. Tenn. 2006).
Obtained order from court that defendant was entitled to depose attorney from opposing law firm, who was not plaintiff's trial counsel, and whose deposition would not expose plaintiff's trial strategy. Ellipsis, Inc. v. Color Works, Inc., 227 F.R.D. 496 (W.D. Tenn. 2005).
Obtained dismissal with prejudice of claims against insurance company client in class action suit asserting that process of taking betterment deductions when processing claims was improper. Rodriguez v. Amstar Insurance Co., 888 So. 2d 760 (Fla. 3d DCA 2004).
Obtained remand of case from bankruptcy court to state court, a more favorable forum for client to present defenses. In re United Container, LLC, 284 B.R. 162 (Bankr. S.D. Fla. 2002).
Information Technology & Engineering Corp. v. Reno, 813 So. 2d 1053 (Fla. 4th DCA 2002).
CFI Sales & Marketing, Ltd. v. Florida Marlins Baseball, Ltd., 837 So. 2d 423 (Fla. 3d DCA 2002).
Obtained dismissal with prejudice of claims against individual client in multiparty suit asserting federal and state securities law violation claims arising from investments in a startup dot-com entity. Temple v. Gorman, 201 F. Supp. 2d 1238 (S.D. Fla. 2002).
Obtained summary judgment for client in a breach of contract/Florida Securities Investors Protection Act case, which was upheld by the U.S. Court of Appeals for the Eleventh Circuit, resulting in an award of attorneys' fees to defendant client. Warner v. Wireless Broadcasting Systems of America, Inc., No. 8:96-cv-02214 (M.D. Fla. 2000), aff'd, 252 F.3d 1360 (11th Cir. 2001).
Obtained summary judgment and directed verdict for client in a breach of contract/defamation/Florida Whistleblower Act/ADEA case, which was upheld by the Eleventh Circuit, resulting in an award of attorneys' fees to defendant client. Molenda v. Hoechst Celanese Corp., 60 F. Supp. 2d 1294 (S.D. Fla. 1999), aff'd, 212 F.3d 600 (11th Cir. 2000).
News & Insights
News
Publications
Speaking Engagements
"Practical Restructurings and Workouts: Lessons From Past Recessions," IMN 21st Annual Winter Forum on Real Estate Opportunity and Private Fund Investing, Laguna Beach, CA (January 24, 2025)
"CMBS & Special Servicing Updates," IMN 4th Annual Distressed Forum for Bank Special Assets (West), Dana Point, CA (July 8, 2024)
"Alternative Asset Classes and Niche Opportunities," IMN 20th Annual Winter Forum on Real Estate Opportunity and Private Fund Investing, Laguna Beach, CA (January 18, 2024)
"CMBS & Special Servicing Updates," Third Annual Distressed Forum for Bank Special Assets (West), Dana Point, CA (July 27, 2023)
"Senior Debt Financing Outlook," IMN 19th Annual Winter Forum on Real Estate Opportunity and Private Fund Investing (January 19, 2023)
"The Nuts and Bolts of Building Ethical, Fair, and Repeatable Alternative Fee Arrangements," American Bar Association Corporate Counsel CLE Seminar (February 18, 2022)
"New Florida Summary Judgment Rule," Miami-Dade Bar (February 9, 2022)
"May Market Update: Hosted by Top CRE Industry Pros," Ten-X Commercial (May 28, 2020)
"Next Steps for Lenders as Deferred Payments Deadlines Approach," Carlton Fields (May 8, 2020)
"COVID-19: What a Lender Can Do to Prepare for the Inevitable Defaults — Part Two," Carlton Fields (March 31, 2020)
"COVID-19: What a Lender Can Do to Prepare for the Inevitable Defaults," Carlton Fields (March 19, 2020)
"Banking and Opinion Letters," CBD Seminar, Product Liability Advisory Council, Miami, FL (January 15, 2020)
"Up in Smoke: Cannabis Law Roundtable," American Bar Association Litigation Section (January 31, 2019)
"Sharing the Attorney-Client Privilege –Too Much of a Good Thing," American Bar Association Business Law Section Annual Meeting, Austin, TX (September 14, 2018)
"That's a Wrap: The Good, the Bad, and the Reversible in Closing Argument," American Bar Association Annual Meeting, San Francisco, CA (2016)
"The Real World: Case History of Resolutions by Special Servicers," Trigild Fall Lender Conference (2013)
"Business Court Judges Roundtable," The Florida Bar Business Law Section Annual Retreat (2013)
"Workout Case Study," CREFC West Coast High Yield Debt Forum Summit (2013)
"Monetizing Recourse Obligations," Trigild Spring Conference (2013)
"Issues in the Enforcement of Foreclosure Rights," CREFC High Yield Debt Forum Distressed Debt Summit (2013)
"Current Issues Specific to Special Servicers: Part 2," Trigild Fall Lender Conference (2012)
"Business Court Judges Roundtable," The Florida Bar Business Law Section Annual Retreat (2012)
"How to Get the Resolution That Lenders Want: Direct Lender Track Panel," Trigild Lenders Conference (2011)
"Business Court Judges Roundtable," The Florida Bar Business Law Section Annual Retreat (2011)
"Receivership Updates," Trigild Fall Lender Conference (2010)
"Business Court Judges Roundtable," The Florida Bar Business Law Section Annual Retreat (2010)
"How to Make and Respond to Objections at Trial: Observe It in Real Time," American Bar Association Annual Meeting (2009)
"Complex Litigation Tactics," Florida College of Advanced Judicial Studies (2009)
"Business Courts Around the World," American Bar Association Business Law Section Spring Meeting (2009)
"Expert Witnesses from A to Z: How to Choose Them and Use Them," American Bar Association Litigation Section Annual Conference (2009)
"Business Courts in the United States: What Works Best and Why" and "Business Courts: The Case for and Status of Throughout the U.S.," American Bar Association Business Law Section Business Bar Leaders Conference (2008–2009)
"An Introduction to Business Courts and Complex Litigation Courts: What Works Best and Why," American Bar Association BLT Live Teleconference (April 9, 2008)
"An Introduction to Business Courts and Complex Litigation Courts: What Works Best and Why," American Bar Association Annual Meeting (August 2007)
"2006 Review of Recent Developments in Business and Corporate Litigation," American Bar Association Business Law Section Annual Spring Meeting (April 2006)
"Will the Court Allow My Damages Expert to Testify: How to Survive a Daubert Challenge — A Live Demonstration," American Bar Association Annual Meeting (August 2005)
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Multimedia
Recognition
Honors & Recognitions
The Best Lawyers in America (2010–2027)
Florida Super Lawyers, Super Lawyers Magazine (2006–2024, 2026)
Circle of Excellence Award, Miami-Dade Bar (2023)
Top Lawyers, South Florida Legal Guide (2014–2015)
Florida Legal Elite, Florida Trend (2006–2014)
Outstanding Subcommittee Chair Award, American Bar Association Litigation Section (2004–2005)
Committee Chair Exceptional Service Award, Miami-Dade Bar (1999–2005)
Section Member of the Year Award, The Florida Bar Business Law Section (2002–2003)
No aspect of this advertisement has been approved by the highest court of any state. See Awards Methodology.
Professional & Community Involvement
Professional & Community Involvement
Rick serves on the Florida Bar's Rules of General Practice and Judicial Administration Committee and the Eleventh Judicial Circuit Business Courts Committee, and he previously served on the bar's Civil Procedure Rules Committee. He remains on the executive council of the Florida Bar Business Law Section, which he previously chaired. Rick is a past president of the Miami-Dade Bar and chaired the Florida Bar's Constitutional Judiciary Committee. Chief Justice R. Fred Lewis appointed him to the Florida Supreme Court Task Force on Management of Cases Involving Complex Litigation.
In the American Bar Association, Rick serves as co-director of the Litigation Section's Division of Substantive Law and co-chairs the Business Law Section's Judges Initiative Committee. He previously served on the Litigation Section's council and co-chaired its Section Annual Conference.
Rick is a fellow of the American Bar Foundation and FFLA (formerly the Florida Bar Foundation) and a member of the Eleventh Circuit Historical Society, the Emory College Alumni Board, and the Peter T. Fay American Inn of Court. In the community, he has served on the board of trustees of Temple Beth Ahm Israel.
Beyond the Bio
Rick has spent much of his career strengthening the institutions of the bar and the courts, leading bar organizations in Miami-Dade, statewide, and nationally. He continues to help write the rules that govern Florida practice and to connect business lawyers with the judges who hear their cases.
Related Capabilities
Bar Admissions
Court Admissions
Education
J.D., Boston University School of Law
B.A., summa cum laude, Emory University
