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Matthew M. Graham

    ABOUT

    Matthew M. Graham is a Shareholder in the Litigation Department, focusing on insolvency/bankruptcy litigation and complex commercial litigation. Prior to joining the firm, Matthew served as Law Clerk to Judge Robert A. Mark at the United States Bankruptcy Court for the Southern District of Florida and was an attorney in the Financial Insolvency & Restructuring Department of an international law firm.

    PRACTICE AREAS
    Insurance
    Litigation & Dispute Resolution
    Bankruptcy & Creditors’ Rights
    Banking & Financial Institutions
    Real Estate
    Class Actions

    REPRESENTATIVE EXPERIENCE

    Insolvency and Bankruptcy Litigation
    Counsel to officer, director, and sole shareholder of nationwide chain of cosmetic surgery centers in adversary proceeding brought by bankruptcy trustee alleging breach of fiduciary duties. Obtained favorable settlement within D&O insurance policy limits after filing motion to dismiss complaint. Counsel to real estate investment firm in litigation to enforce multi-million contract to purchase commercial office building in receivership proceeding, bankruptcy proceeding, and adversary proceeding. Obtained appointment of chapter 11 trustee and favorable settlement facilitating client’s purchase of the property at the initial contract price. Counsel to chapter 7 trustee in bankruptcy of medical entrepreneur in connection with Australian plaintiff’s efforts to implead trustee and enjoin distributions from the bankruptcy estate. Obtained order enforcing automatic stay, granting injunctive relief, and awarding sanctions against foreign plaintiff.
    Counsel to depository bank, commercial lender, and feeder fund principal in tort and fraudulent transfer lawsuits

    Complex Commercial Litigation
    Part of the litigation team that achieved a $100 million settlement on behalf of a Class consisting of 179 real estate investors. The settlement resolved claims that one of the largest commercial real estate firms in the world, and one of its employees, concealed and failed to alert our clients to an on-going multi-million dollar embezzlement scheme. It is currently pending Court approval. Counsel to federal savings bank in class action checking account overdraft fee litigation. Obtained dismissal or summary
    judgment on all claims. Affirmed on appeal. Counsel to aviation components brokerage company and principal in defending breach of fiduciary duty claims brought
    by Brazilian judgment creditors on behalf of clients’ former business associate. Obtained dismissal of all claims on motion to dismiss. Counsel to merchant lender in arbitrations to enforce promissory notes and guarantees against defenses including unenforceable choice of law provision, usury, and non-arbitrability. Obtained multiple arbitration awards against borrowers and guarantors. Other areas of experience include commercial tort litigation, contract litigation, real property litigation, fraudulent transfer litigation, creditors’ rights and collections litigation, and class action litigation.

    Pro Bono Litigation
    Counsel to disabled individual in lawsuit to recover clear title to client’s home of more than 30 years from individual who
    tricked client into conveying title to him. Obtained summary judgment in favor of client, recovering clear title to his home.

    PROFESSIONAL & COMMUNITY INVOLVEMENT
    American Bar Association, Business Bankruptcy Committee and Corporate Governance Subcommittee
    Bankruptcy Bar Association for the Southern District of Florida

    RECOGNITION
    Florida Super Lawyers, Rising Star, 2018-2019
    University of Miami Law School Merit Scholarship
    Edwin Willinger Scholarship
    Podhurst, Orseck Scholarship

    PUBLICATIONS & PRESENTATIONS
    Publications: Miami Luxury Condos, the Panama Papers and Foreign Judgments
    Daily Business Review | April 2016
    Publications: Strategic Claim Purchasers Beware, Motive Counts
    Financial Restructuring and Insolvency Notes | February 2011

    NEWSROOM
    Firm Announcements: Stearns Weaver Miller Lawyers Recognized in Florida Super Lawyers
    2019 | June 2019
    In the Media: CBRE To Pay $100M To End Class Action By Realty Investors
    Law360 | | August 2018
    Firm Announcements: Stearns Weaver Miller Lawyers Recognized in Florida Super Lawyers 2018
    | June 2018
    In the Media: Cabot Investors Win Class Cert. In $157M Fraud Suit
    Law360 | | March 2018
    Firm Announcements: Stearns Weaver Miller Names Three New Shareholders
    | September 2017
    In the Media: Going the Distance
    The Florida Bar Journal | | March 2017

    EDUCATION
    J.D., magna cum laude, University of Miami School of Law, 2010
    Order of the Coif
    Dean’s Certificates for Outstanding Academic Performance in:
    Evidence
    Latin American Law
    Legal Research and Writing
    B.A., University of Central Florida, 2006

    ADMISSIONS
    Florida
    United States District Court for the Southern District of Florida
    United States Bankruptcy Court for the Southern District of Florida

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