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Overview

Giselle Gutierrez Madrigal practices in the Labor & Employment and Litigation Departments. Her labor and employment experience includes representing clients before administrative agencies (such as the EEOC and the NLRB) and federal and state courts in cases involving employment discrimination, retaliation, unpaid wages, defamation and claims under the FMLA, ADA, ADEA, Title VII, and more. Giselle also handles non-compete and employment contract litigation.

Giselle clerked for The Honorable Paul C. Huck, United States District Judge for the Southern District of Florida. Judge Huck sat, by designation, as a member of a United States Circuit Court appellate panel five times during Giselle’s clerkship, and she gained valuable insight into the workings of and practice before the federal appellate courts as well as the District Court.

Prior to joining the Firm, Giselle was a judicial intern for The Honorable Virginia M. Hernandez Covington of the United States District Court for the Middle District of Florida and for The Honorable Marcia G. Cooke of the United States District Court for the Southern District of Florida.  

Representative Experience

  • Obtained summary judgment victory in federal court for multinational food distributor against former employee seeking overtime wages due to alleged misclassification.
  • 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.
  • Obtained victory for client after evidentiary hearing in defense of a motion for temporary restraining order in a case involving a non-compete agreement.
  • Obtained favorable settlement for client resulting in dismissal of age discrimination case.
  • Assisted in obtaining a favorable settlement, on behalf of a professional basketball team, of a dispute with the architects of its arena.
  • Experience includes labor and employment defense, contract disputes, business torts, False Claims Act cases, and professional malpractice defense.
  • Pro Bono: Represents children who were victims of crimes in Latin America in obtaining U.S. visas.

Professional & Community Involvement

  • Cuban American Bar Association
    • Executive Board, Secretary, 2017
    • Board of Directors, 2016-present
    • Judicial Committee Co-Chair, 2016
    • Night with the Marlins (benefiting CABA Pro Bono Project), Chair, 2016-present
    • 5K Committee, Member, 2013; Vice-Chair, 2014; Co-Chair, 2015; Chair, 2016
    • Young Lawyers Committee, Member 2013-present; Chair, 2016
    • Events Committee, Vice-Chair, 2016; Co-Chair, present
    • Membership Committee, Vice-Chair, 2016
    • Art in the Tropics Committee, Member, 2015-present
    • CABA on Cuba Committee Member, 2016-present
  • Federal Bar Association, Law Clerk Committee, Member, 2015-present
  • Florida Association for Women Lawyers (FAWL), Member, 2016
  • Legal Services of Greater Miami, Small Claims Clinic, 2015
  • Big Brothers Big Sisters of Miami, Mentor, 2016

Recognition

  • Frank E. Maloney Award for Outstanding Candidate, Florida Law Review

Publications & Presentations

Events: The Times, They Are A-Changin’: Medical Marijuana, Paid Sick Leave, Arbitration, Trade Secrets Act
Stearns Weaver Miller's 27th Annual Labor and Employment Law Seminar|May 2017

Publications: Google’s Pay Policy: Good? Or Too Good to be True?
BeLabor The Point Blog|April 2017

Publications: The EEOC Rings Out 2016 with End of the Year Stats
BeLabot The Point Blog|December 2016

Events: Florida Advanced Skills for Wage and Hour Compliance
2016 FLSA Master Class|October 2016

Events: All Aboard the FMLA Express
Stearns Weaver Miller's 26th Annual Labor and Employment Law Seminar|May 2016

Events: 2015 Amendments to Federal Rules of Civil Procedure
Stearns Weaver Miller|February 2016

Publications: Florida Employment Law Manual
Florida Chamber of Commerce|January 2013

Publications: Comment, Hurd v. Espinoza: “Third-Party Confidential Information” in Delaware Corporate Litigation
Florida Law Review |January 2012

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