Financial Litigation
Financial Litigation Team
The Firm’s General Liability department routinely handles the Firm’s financial litigation, where the Firm represents banking institutions, the FDIC, state and federal agencies, corporate entities, partners, shareholders, trustees and creditors in a multitude of complex recovery actions.
As part of the Firm’s Financial Litigation services, we have represented state-chartered banks in complex action involving state court foreclosures, corporate bankruptcy and insurance insolvency laws, as well as trustees of large national bank holding corporations in multi-district litigation involving officer and director liability, accounting malpractice and interrelated Chapter 11 bankruptcy liquidation issues.
We have represented an international telecommunications company in an action against a joint venture involving non-compete and licensing agreements and complex procedural and jurisdictional issues, an Owner/Developer in construction lien/bond litigation involving a $60 million project involving allegations of defects, disputed change orders and other accounting issues, as well as a consortium of foreign nationals against Federal agencies to recover more than $3 million in seized funds.
The Firm also routinely handles disputes involving sophisticated real property, mortgage, judgment and lien foreclosures, corporate and partnership disputes or dissolutions, and matters involving collections on behalf of creditors, landlords, trustees and receivers in State and Federal courts.
Our Financial Litigation team routinely handles matters for financial institutions, including litigation surrounding a bank’s obligations and duties in receiving payment orders and making fund transfers under the UCC and applicable banking statutes and regulations, property escheat, garnishment, filing and litigating interpleader actions, litigation of terms and conditions of accounts, domestic and international interbank agreement disputes, bank fraud, including international wire transfer fraud, lender liability, litigation of tax avoidance schemes and bank’s role therein, negligent misrepresentation in making lender disclosures to clients and third-party lenders, fraud investigations, compliance consulting, as well as commercial and residential foreclosures.
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Our attorneys have represented various banking and financial institutions in financial disputes.
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Financial Litigation Team
Doug Gerber is Of Counsel with Lydecker and works in the Firm’s Orlando office. Mr. Gerber been a member of the Florida Bar since 2005 and the Middle District of Florida since 2006. Mr. Gerber’s areas of practice include but are not limited to civil litigation, commercial litigation, general liability litigation, premises liability, property practice, and business law throughout the State of Florida. He has extensive experience in representing business entities, insurers, and individuals in litigation often involving motion practice, mediations, and trials.
A native Floridian who was born in and raised in South Florida and who has lived in Central Florida for more than 25 years, Mr. Gerber is a double Gator, having earned his bachelor’s degree in Public Relations from the University of Florida in 1992 and his master’s degree in Exercise and Sports Sciences with a Specialization in Sports Management from the University of Florida in 1996. While at the University of Florida, Mr. Gerber was admitted and a member of the Phi Kappa Phi Honor Society.
After working for various sports organizations in Central Florida involving amateur sports events, college bowl games, NFL exhibitions, and the 1996 Olympic Games, Mr. Gerber attended the Shepard Broad Law Center at Nova Southeastern University, where was first a Staff Member and then became an Articles Editor for the Nova Law Review. Mr. Gerber had his article on the validity of arbitration clauses in personal injury suits involving minors published in the Fall 2003 issue of the Nova Law Review. He was also a member of the Pro Bono Honor Society while at the Shepard Broad Law Center after interning with the Administrative Judge for the Seventeenth Judicial Circuit of Florida and with the City Attorney’s Office with the City of Coral Springs.
Mr. Gerber has served as the Chairman of the Real Property Law Committee of the Orange County Bar Association, was a member of the Small Claims Rules Committee of the Florida Bar, and most recently served as the Chair of Section C of the Grievance Committee of the Florida Bar for the Ninth Judicial Circuit.
Mr. Johnson specializes in the representation of professionals, corporations and insurers in a broad range of business and tort matters, including employment claims, environmental claims and other complex actions. Mr. Johnson also has experience litigating government municipal matters throughout the state of Florida, as well as representing journalists and media companies in intellectual property and defamation litigation. Mr. Johnson’s practice also includes the defense of attorneys, accountants and real estate professionals in professional liability matters and non-profit corporations as well as their directors and officers in a range of matters.
Before joining Lydecker, Mr. Johnson began his career as an associate in the Miami office of a business litigation boutique headquartered in New York, where he represented banking and corporate interests in multiple international business and commercial disputes. Mr. Johnson is also an experienced and accomplished appellate attorney, having multiple published Federal and Florida opinions, as well as oral arguments and appellate mediations across multiple appellate courts.
In addition to his professional commitments, Mr. Johnson recognizes his responsibility to serve the community. He is a member of the 100 Black Men of South Florida, one of the leading youth mentoring organizations in the country, as well as the Miami-Dade County Black Affairs Advisory Board. He is also a director of BAC Funding Corp. a non-profit state funded lender for disadvantaged business. He is also Secretary of the Coppin State University Development Foundation which raises money for scholarships to his alma mater, Coppin State University. He also Serves as Vice Chair of the Miami-Dade School District Audit and Budget Committee. He has also served as a member of the Executive Board of the Miami-Dade Chapter of NAACP and the Polemarch (President) of the Richmond-Perrine (FL) Alumni Chapter of Kappa Alpha Psi Fraternity, Inc.
Matthew is a partner in our Philadelphia and New Jersey offices and a seasoned civil litigator with extensive experience representing clients in administrative proceedings and in state and federal courts at both the trial and appellate levels. His diverse practice encompasses complex litigation matters, with a strong focus on construction litigation, professional liability, general liability, commercial litigation, insurance-related disputes, and the defense and counseling of clients in the financial services industry.
Construction
Matthew has developed a particular emphasis in defending developers, contractors, subcontractors, and design professionals in public and private construction disputes. He regularly handles matters involving construction defects, accidents, and contract disputes, and serves as outside counsel to contractors in Pennsylvania and New Jersey on issues including contract negotiation, risk transfer, and construction payment claims. For example, Matthew practice includes:
- Representing a national engineering firm in a multi-day, seven-figure arbitration over a public project dispute, resulting in a favorable settlement;
- Defending numerous engineering and architectural firms in construction defect litigation in New Jersey and Pennsylvania;
- Representing developers, general contractors, and subcontractors in construction defect litigation involving low-, mid-, and high-rise projects;
- Defending developers and contractors in seven- and eight-figure construction accident cases; and
- Defending residential contractors in construction defect, warranty, consumer fraud, and breach of contract claims.
Professional Liability
In the professional liability space, Matthew is widely recognized for his defense of attorneys, insurance brokers, real estate professionals, title agents, accountants, and other licensed professionals in malpractice actions, licensing board matters, and disciplinary proceedings. Notable successes include:
- Securing summary judgment for a New Jersey law firm and its principal in a legal malpractice action in federal court;
- Successfully defending commercial and residential real estate brokers in post-transaction litigation;
- Defending a title agency against mortgage fraud allegations and an accounting firm in a malpractice dispute;
- Representing financial professionals in FINRA proceedings, including suitability claims brought by investors; and
- Resolving numerous legal and insurance broker malpractice claims through early resolution.
Insurance Coverage
Matthew also has a robust insurance coverage practice, representing insurers in high-stakes disputes involving complex policy interpretations and bad faith allegations. He has:
- Secured dismissals for insurance carriers in a declaratory judgment and breach of contract actions;
- Successfully represented insurance carriers in coverage litigation before state and federal courts at both the trial and appellate levels affirming no duty to defend or indemnify;
- Represented a reinsurer in an insurance coverage action; and
- Represented a hospital in a multi-year insurance coverage battle involving multiple appeals.
Commercial Litigation
Outside of the insurance context, Matthew also represents individuals and corporate clients in sophisticated, high-profile commercial disputes involving business dissolution, fraud, breach of fiduciary duty, trade secrets, products liability, and employment-related matters including ERISA, discrimination, harassment, whistleblower, and wrongful termination claims such as:
- Defended corporate clients in matters involving business dissolution, fraud, breach of fiduciary duty, and trade secrets;
- Defended companies and their owners in corporate raiding cases;
- Successfully represented an owner of a closely held corporation in a judicial dissolution action and a breach of fiduciary duty action;
- Successfully defended a national staffing agency and various employees in a corporate raiding matter; and
- Successfully represented medical professionals in RICO, insurance fraud, and licensure cases.
Matthew’s strategic, results-driven approach and breadth of experience make him a trusted advisor to professionals, insurers, and corporate clients facing complex and high-stakes litigation.
Ms. Mevers is the Chair of the Employment Practices Liability Division. During her practice, Ms. Mevers has been involved in complex litigation and administrative proceedings in the areas of education, labor and employment, professional liability and governmental immunity.
Ms. Mevers has also represented creditors in both Fair Debt Collection Practices Act (FDCPA) and Florida Deceptive and Unfair Trade Practices Act (FDUTPA) claims including class actions. We look at each claim with a view of costs, benefits while also seeking to limit risk and liability.
She has provided training and lectures to a vast array of corporate, public and private entities on the following topics: Corporate Compliance issues involving the following: Title VII, HIPAA, Sexual Harassment, ADA, Student Admission Issues and Standards, and Student Disciplinary Issues. Ms. Mevers has also developed and implemented corporate compliance plans for multiple public, private and governmental entities.
Ms. Mevers has been responsible for managing labor and employment matters from pre-suit, including prior to an administrative filing through trial. She has represented a private university at the administrative stage as well as in both federal and state courts in areas of labor and employment, educational law, and contract negotiations. Ms. Mevers has developed and implemented voluntary compliance programs for private educational institutions including training, ensuring compliance with statutory requirements and provision of services by outside vendors in conjunction with regular audits.
As part of her litigation practice, Ms. Mevers has investigated a number of cases of alleged discrimination, including sex/gender discrimination, disability claims, sexual harassment claims, national origin claims, marital status claims, sexual orientation claims, workers’ compensation retaliation claims, religion claims, age claims, and race discrimination claims. She has investigated hostile work environments and made recommendations to eradicate long-standing discriminatory practices. Besides investigations, Ms. Mevers has handled numerous employment claims in both state and federal courts involving allegations of violations of Title VII, whistleblower claims, ADEA claims, Title IX, EPA claims, ADA claims, Family and Medical Leave Act claims, Fair Labor Standards Act claims and Florida Civil Rights Act violations, favorably handling these cases.
Ms. Mevers received accolades for her involvement and leadership in the Voluntary Income Tax Assistance Program, providing free tax assistance to low-to-moderate income individuals.
J.W. Webb is a Litigation Partner in the firm’s Orlando office, where he maintains an active trial and civil litigation practice in Federal and State Courts throughout Florida.
Mr. Webb has considerable experience dealing with automobile negligence, arson, medical malpractice, premise liability and product liability cases resulting in catastrophic injuries and wrongful death. Mr. Webb has also handled cases dealing with bad faith, commercial transaction disputes, construction defects, declaratory actions, land disputes and property damage. He has successfully tried cases in Brevard, Broward, Marion, Orange, Palm Beach, Seminole, and Volusia Counties.
Mr. Webb began his legal career with Hightower and Rudd, P.A. a Miami based insurance defense firm. Shortly after joining the firm, Mr. Webb became the managing attorney of its West Palm Beach office.
After two years in practice, Mr. Webb was invited to join Kubicki Draper, P.A. a State-wide insurance defense firm, where he became a shareholder and was chosen by the firm’s managing partner to start its Orlando Office, which he ran for six years before opening his own law firm.
Mr. Webb has given lectures throughout the country on many subjects during his career. He lectures to insurance carriers on issues ranging from hospital liens and personal injury protection to complicated medial claims and high exposure cases.
Mr. Webb is licensed to practice law in all Florida State Courts and the . He has also served as a Guardian ad Litem for children in the Central Florida area.
Mr. Webb graduated from Southwestern University in Georgetown, Texas in 1989 with a B.A. in business and a concentration in economics. Before going to law school Mr. Webb worked in the business world for a number of years managing companies in Texas, California, Illinois, and Florida.
Mr. Webb returned to his home state of Michigan to obtain his Juris Doctorate – Cum Laude, from Michigan State University. While attending law school, Mr. Webb served as Managing Editor of Business and Production for the Michigan State Law Review, as an intern for United States Federal District Judge Gerald E. Rose, and as a law clerk for the Department of Justice: United States Attorney’s Office, Eastern District of Michigan. During his tenure with the Department of Justice, under the internship section of the program, Mr. Webb functioned as lead counsel for the prosecution and trial of numerous misdemeanor cases.
Mr. de Zayas’ experience includes debtor-creditor law, bankruptcy law, insurance insolvency, construction litigation, employment litigation, and appeals.
He has tried numerous jury and bench trials in state and federal courts and has been appellate counsel in many reported appellate decisions in the commercial litigation, insolvency, creditors’ rights and bankruptcy areas. Mr. De Zayas also has significant experience representing clients in civil antitrust, competition and restraint of trade litigation in state and federal courts. Mr. de Zayas has served as general counsel for the Florida Workers’ Compensation Insurance Guaranty Association since 2004. He heads the Bankruptcy and Insurance Receivership Practice Group at Lydecker.
Mr. de Zayas also has substantial experience representing both commercial debtors and institutional creditors in connection with commercial claims, collections; in documentation and perfection of security interests in all types of collateral; in protection of, and realization on, various types of collateral upon default; in enforcement of judgments; in commercial foreclosure of mortgages and other security interests; in contract litigation; in preference and fraudulent conveyance actions, in insurance company and other commercial receiverships, and in Chapter 11 bankruptcy reorganizations. This varied experience with “both sides” of typical commercial litigation disputes benefits the Firm’s clients in developing successful and efficient strategies for the protection of their interests.
Mr. de Zayas’s practice includes professional liability defense and defense of Bar disciplinary proceedings.
