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Overview

Andrea Nathan is a Shareholder in the Litigation Department. Andrea practices in all areas of commercial litigation, with an emphasis on securities and corporate litigation. Prior to joining the firm, Andrea graduated cum laude from the University of Miami School of Law.

Representative Experience

  • Successfully obtained $2.2 million final judgment on behalf of an aircraft charter company in breach of contract action by successfully arguing on summary judgment that liquidation clause was valid and enforceable.  
  • Represented a publicly-traded holding company, BFC Financial Corporation, now BBX Capital Corporation, its subsidiaries, and certain officers and directors in 10 shareholder class actions, 8 of which were resolved with defendants paying no money to the plaintiffs. Included in those was the dismissal with prejudice of a complaint seeking to challenge the merger of BFC and BBX valued at over $250 million because the Florida appraisal statute provided the exclusive remedy, which has since been affirmed by Florida’s Fourth District Court of Appeal.
  • Represented the vacation ownership company Bluegreen Vacations Unlimited, Inc. in putative class action brought in the United States District Court for the Southern District of Florida alleging claims of fraud and deceptive practices over the prior four years in selling well over $1 billion in vacation ownership interests to purchasers nationwide. After filing a motion to dismiss on behalf of Bluegreen, the district court dismissed three of the four claims with prejudice. After the close of fact discovery and the completion of briefing on the plaintiffs’ motion for class certification, plaintiffs withdrew their motion for class certification, abandoning the argument that Bluegreen’s policies and procedures were fraudulent or deceptive, and took the position that doing so eliminated subject matter jurisdiction under the Class Action Fairness Act. After considering Eleventh Circuit precedent requiring dismissal for lack of subject matter jurisdiction if the case never should have been brought as a class action in the first place, the district court then dismissed the case for lack of subject matter jurisdiction.
  • Represented the vacation ownership company Bluegreen in putative class action brought in federal court under the Telephone Consumer Protection Act. After filing a motion to dismiss on behalf of Bluegreen, the named plaintiff voluntarily dismissed his claims with prejudice.
  • Represented vacation ownership company in an action brought under the Ohio Consumer Sales Practices Act and the Telephone Consumer Protection Act. After preparing a motion to dismiss on behalf of the company and notifying the plaintiff of the central arguments in support of the motion, the plaintiff voluntarily dismissed his claims with prejudice.
  • Obtained judgment in federal court trial for excess completion cost damages, attorneys’ fees and costs, on behalf of municipality against surety arising from surety’s breach of performance bond involving two components of $120 million public works project.
  • Successfully defended Benihana, Inc., which owns and operates approximately 70 restaurants in the United States, the Caribbean, and Latin America, in more than 10 cases and appeals brought by Benihana of Tokyo (BOT) from 2012 through 2017. Also prevailed in numerous counterclaims and contempt proceedings against BOT, and collected more than $1.2 million in attorneys' fees to date for the client.
  • Obtained dismissal of all claims in a securities class action against Erba Diagnostics, Inc. and certain of its officers and directors for failure to establish liability under Rule 10b-5.
  • Defended local real estate company in a fraudulent transfer action in state court that resulted in a favorable settlement and a dismissal of all claims with prejudice.
  • Member of defense team that represented a Florida-based bank in several simultaneous civil suits in federal and state court with respect to the bank’s alleged involvement in a $1.2 billion Ponzi scheme. Each of the cases ultimately settled upon favorable terms.
  • Member of trial and appellate teams that defended a public company and certain of its officers in a securities class action jury trial in federal court. Trial team successfully obtained judgment as a matter of law in favor of all defendants on all claims following a mixed jury verdict. The Eleventh Circuit Court of Appeals affirmed the judgment in favor of the defendants.
  • Member of litigation team that represented a Florida-based homebuilder in a securities class action in federal court and obtained a favorable settlement.
  • Member of litigation team that successfully defended a public company in an ERISA action in federal court by defeating a motion for class certification and eventually obtaining a dismissal of all claims with prejudice.
  • Member of litigation team that represented class of Exxon dealers in a contract-based class action lawsuit against Exxon Corporation that resulted in the recovery of more than one billion dollars.

Newsroom

In the Media: BBX Defeats Shareholder Lawsuit in Case That Could Trim Merger Litigation
Daily Business Review|March 2018

In the Media: Alan Levan gets back to work
Miami Herald Business Monday |August 2017

In the Media: Levan, BBX cleared of SEC charges
South Florida Business Journal |May 2017

In the Media: Federal Jury Clears Levan and BBX on All SEC Claims
Daily Business Review|May 2017

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