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Merrick L. Gross

Merrick L. Gross

Shareholder

Overview

Rick Gross has more than 26 years of legal experience serving a variety of business clients. He has a multifaceted commercial litigation practice including aspects of banking litigation, real estate litigation, creditors’ rights litigation including bankruptcy, securities matters, and business torts litigation. Rick has litigated cases involving such claims in federal and state courts in Florida and throughout the United States.

Rick has also handled commercial loan workouts and foreclosures involving all types of real property including raw land, retail, office, multi-family and condominiums in Florida as well as other parts of the United States.

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Experience

Rick has been involved in numerous litigation matters throughout his career. Matters handled since 2000 include:

  • Branch Banking and Trust Company v. FTP Investment Corporation, Bart Seidler  al., Eleventh Judicial Circuit Court, Miami-Dade County, Florida Case No. 12-18634-CA-15. 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.
  • MUNB Loan Holdings, LLC v. Ponce Trust, LLC, Eleventh Judicial Circuit Court, Miami-Dade County, Florida Case No. 10-63470 CA 15–/In re PONCE TRUST, LLC, S.D. Fla. Bankr. Case No. 12-14247-RAM. 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 percent on its secured claim. The plan also allows the client to retain its lien on the property until paid in full.
  • Ellipsis v. The Color Works, Inc., 2006 WL 1207589 (W.D. Tenn. 2006) (Obtained summary judgment in favor of client resulting in dismissal with prejudice of all of plaintiff's claims in case where $54 million in damages was sought).
  • Ellipsis v. The Color Works, Inc., 428 F. Supp. 2d (W.D. Tenn. 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. The Color Works, Inc., 227 F.R.D. 496 (W.D. Tenn. 2005) (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).
  • Rodriguez v. Amstar Insurance Company, 888 So. 3d 760 (Fla. 3d DCA 2004) (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).
  • In re United Container LLC, E.S. Bankest, LLC v. United Beverage Florida, LLC, 284 B.R. 162 (Bkrtcy. S.D. Fla. 2002) (Obtained remand of case from bankruptcy court to state court, a more favorable forum for client to present defenses).
  • Information Technology & Engineering Corp. v. Reno, 813 So. 2d 1053 (Fla. 4th DCA 2002).
  • CFI Sales and Marketing, Ltd. v. Florida Marlins, Baseball, Ltd, 2002 WL 428247 (Fla. 3d DCA 2002).
  • Temple v. Gorman, 201 F. Supp. 2d 1238 (S.D. Fla. 2002) (Obtained dismissal with prejudice of claims against individual client in multi-party suit asserting federal and state securities law violation claims arising from investments in a start-up dot.com entity).
  • Warner v. Wireless Broadcasting Systems of America, Inc., Case No 96-2214-CIV-T-25A (M.D. Fla. 2000), aff'd, F.3d (11th Cir. 2001) (Obtained summary judgment for client in a breach of contract/Florida Securities Investors Protection Act case that was upheld by the 11th Circuit Court of Appeals resulting in an award of attorneys' fees to defendant client).
  • Molenda v. Hoechst Celanese Corporation, 60 F. Supp. 2d 1294 (S.D. Fla. 1999), aff'd, F.3d (11th Cir., March 27, 2000) (Obtained summary judgment and directed verdict for client in a breach of contract/defamation/ Florida Whistleblower Act/ ADEA case which was upheld by the 11th Circuit Court of Appeals, resulting in an award of attorney's fees to defendant client).

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01.01.2005



Recognition

  • AV rated by Martindale-Hubbell
  • Listed in The Best Lawyers in America, Commercial Litigation, Litigation - Real Estate (2010-2019)
  • Listed in Florida Trend's Legal Elite (2006-2014)
  • Selected for inclusion in Florida Super Lawyers (2006-2018)
  • Listed as a Top Lawyer in South Florida Legal Guide (2014-2015)
  • Florida Bar Business Law Section, Section Member of the Year Award (2002-2003)
  • Dade County Bar Association, Committee Chair Exceptional Service Award (1999-2005)
  • American Bar Association Section of Litigation Outstanding Subcommittee Chair Award (2004-2005)

Professional & Community Involvement

  • American Bar Association
    • Litigation Section
      • Member, Council of the ABA Section of Litigation (2016)
      • Co-Chair, Membership and Marketing Committee (2016)
      • Co-Director, Division of Substantive Law (2012-present)
      • Co-Director, Division of Public Services (2011-2012)
      • Co-Chair, Section Annual Conference  (2009-2011)
      • Co-Chair, Trial Evidence Committee (2008-2009)
      • Vice-Chair, Business Torts Committee (2006-2008)
      • Co-Chair, Corporate Counsel CLE Meeting (2007-2008)
      • Co-Chair, Business Torts Committee Books Subcommittee (2005-2007)
      • Co-Chair, Business Torts Committee Programming Subcommittee (2001-2006)
      • Chair, Business Torts Committee 11th Circuit Subcommittee (1999-2002)
      • Member, Commercial and Business Litigation Committee
      • Member, Appellate Litigation Committee
      • Member, Committee on Class Actions and Derivative Suits
    • Business Law Section
      • Co-Chair, Judge Initiative Committee (2011-present)
      • Chair, Business and Corporate Litigation Committee Business Courts Subcommittee (2005-2011)
      • Vice-Chair, Business and Corporate Litigation Committee Business Courts Subcommittee (2004-2005)
  • The Florida Bar 
    • Member, Judicial Administration and Evaluation Committee (2016)
    • Chair, Constitutional Judiciary Committee (2012–2013)
    • Business Law Section
      • Immediate Past Chair (2008-2009)
      • Chair (2007-2008)
      • Chair-Elect (2006-2007)
      • Treasurer/Secretary (2005-2006)
      • Member, Executive Council (1997-present)
      • Member, Long Range Planning Committee (2009-present)
      • Chair, Business Litigation Committee (1998-1999)
      • Co-Chair, Business Courts Committee (1999-2004)
      • Chair, Legislative Committee (2004-2005)
      • Co-Chair, Section Annual Retreat Committee (2002-2005)
      • Co-Chair, MJP Committee (2003-2005)
  • Dade County Bar Association 
    • President (2006-2007)
    • President-Elect (2005-2006)
    • Vice President (2004-2005)
    • Director (1997-2000, 2001-2004)
    • Chairman, Civil Litigation Committee (2000-2002) 
    • Chairman, Banking and Corporate Litigation Committee (1998-2000, 2002-2003) 
    • Chairman, Federal Courts Committee (2003-2005)
  • Member, Ad Hoc Rules Committee of the United States District Court for the Southern District of Florida (2003-2007)
  • Member, 11th Judicial Circuit Business Courts Committee (2005-present)
  • Fellow, American Bar Foundation (2010-present)
  • Fellow, Florida Bar Foundation (2008-present)
  • Member, Eleventh Circuit Historical Society (2006-present)
  • Member, Florida Supreme Court Task Force on Management of Cases Involving Complex Litigation, Appointed by Chief Justice R. Fred Lewis (2006-2008) 
  • Member, The Honorable Peter T. Fay American Inn of Court
  • Member, Emory College Alumni Board (2013-present)
  • Trustee, Temple Beth Ahm Israel Board of Trustees (2002-2004, 2011-2012)

Speaking Engagements

Rick is frequently asked to speak on various aspects of the law, and has recently been involved in the following speaking engagements and educational events:

  • "That's A Wrap: The Good, The Bad, and The Reversible in Closing Argument," ABA Annual Meeting, San Francisco (2016)
  • "The Real World: Case History of Resolutions by Special Servicers," Trigild Fall Lender Conference (2013)
  • "Business Court Judges Roundtable,” 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,” 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,” Florida Bar Business Law Section Annual Retreat (2011)
  • "Receivership Updates,” Trigild Fall Lender Conference (2010)
  • "Business Court Judges Roundtable,” Florida Bar Business Law Section Annual Retreat (2010)
  • “How to Make and Respond to Objections at Trial – Observe it in Real Time,” ABA Annual Meeting (2009)
  • "Complex Litigation Tactics," Florida College of Advanced Judicial Studies (2009)
  • "Business Courts Around the World," ABA Section of Business Law Spring Meeting (2009)
  • "Expert Witnesses from A to Z – How to Choose Them and Use Them," ABA Section of Litigation 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.,” ABA Section of Business Law Business Bar Leaders Conference (2008-2009)
  • "An Introduction to Business Courts and Complex Litigation Courts - What Works Best and Why," CLE Program, ABA Annual Meeting (August 2007)
  • "An Introduction to Business Courts and Complex Litigation Courts - What Works Best and Why," ABA BLT Live Teleconference (April 9, 2008)
  • "2006 Review of Recent Developments in Business and Corporate Litigation," CLE Program, ABA Section of Business Law Annual Spring Meeting (April 2006)
  • "Will the Court Allow My Damages Expert to Testify: How to Survive a Daubert Challenge - A Live Demonstration," CLE Program, ABA Annual Meeting (August 2005)

Credentials

Education
  • Boston University School of Law (J.D., 1987)
  • Emory University (B.A., summa cum laude, 1984)
Bar Admissions
  • Florida
Court Admissions
  • U.S. Court of Appeals, Eleventh Circuit
  • U.S. District Court, Northern District of Florida
  • U.S. District Court, Middle District of Florida
  • U.S. District Court, Southern District of Florida
  • Florida State Courts

Background

  • Of Counsel and Shareholder, Akerman Senterfitt, Miami (1995-2008)
  • Of Counsel, Siemon, Larson & Marsh, Boca Raton, FL (1994-1995)
  • Associate, Stroock & Stroock & Lavan, Miami (1990-1994)
  • Associate, Hornsby & Whisenand, P.A., Miami (1987-1990)

Disclaimer

The information on this website is presented as a service for our clients and Internet users and is not intended to be legal advice, nor should you consider it as such. Although we welcome your inquiries, please keep in mind that merely contacting us will not establish an attorney-client relationship between us. Consequently, you should not convey any confidential information to us until a formal attorney-client relationship has been established. Please remember that electronic correspondence on the internet is not secure and that you should not include sensitive or confidential information in messages. With that in mind, we look forward to hearing from you.