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Overview

Jason Koslowe is a Shareholder in the Litigation Department who handles complex commercial and financial litigation, bankruptcy matters. Prior to joining the firm, Jason clerked for the Honorable Beth Bloom, United States District Court Judge for the Southern District of Florida. Additionally, and worked at an international law firm in New York where he focused on bankruptcy and financial litigation and business reorganization transactions.

Jason earned his J.D. from Columbia University School of Law and his LLM in International Law from the University of Amsterdam Law School, completed ABD towards his PhD in Government from Georgetown University, and earned his Masters in Politics from New York University and his B.A., summa cum laude, from Yeshiva University.

Representative Experience

Representative Litigation Experience

  • Represents Flagstone Island Gardens LLC and Flagstone Development Corporation in a suit against the City of Miami in connection with Flagstone’s right to develop and lease a $1.2 billion mixed-used hotel, retail and marina project on Watson Island. In a bifurcated trial on liability, Judge William Thomas entered a 27-page order finding against the City and in favor of Flagstone on every disputed issue, including the City’s improper default and repudiation of the development, construction, financing and lease agreements.
  • Counsel to national provider of sourcing, preparation and delivery of specialty/fresh food in multiple litigations and transactions, including successfully defending and asserting claims related to mismanagement at former subsidiary, successfully defending securities law and breach of contract claims made by former director, and defending claims made by credit card services processor.
  • Represents minority members and investors in several investments centered on a marina, retail and mixed use facility in Coconut Grove in suit against controlling interests for breach of fiduciary obligations in scheme to divert and usurp corporate profits.
  • Counsel to master association managing mixed use hotel and commercial venture in several litigations involving dissenting interest holders and condominium association over validity of governing documents and management of joint operations, securing several rounds of summary judgment in favor of the master association on the validity of the master declaration and application of Florida’s Condominium Act.
  • Served as Florida counsel for Chipotle Mexican Grill in class action in both the District Court and the Eleventh Circuit. Putative class plaintiff complained that Chipotle inter alia violated FDUTPA and was unjustly enriched by falsely advertising that it had eliminated genetically modified ingredients (“GMOs”) from its menu. The Eleventh Circuit affirmed the District Court’s entry of summary judgment in favor of Chipotle, and denied rehearing.
  • Counsel to Indian multinational and US subsidiaries specializing in the manufacture and marketing of medical diagnostic reagents, test kits and instrumentation in successful defense of securities class action and fiduciary derivative suit asserting allegations of improper reporting and mismanagement. Secured dismissal with prejudice of securities suit and negotiated dismissal of derivative suit.
  • Advise Florida municipality on legal considerations surrounding adaptation to the threat of sea level rise, on first amendment / free speech rights, and on election law issues.
  • Counsel to multinational law firm facing malpractice allegations connected to a billion dollar Ponzi scheme.
  • Counsel to Thai multinational and US subsidiaries specializing in the manufacture and distribution of natural rubber products, such as concentrated latex and nitrile and latex gloves, in disputes involving control and misdirection of joint venture, corporate governance, royalties and distribution.
  • Counsel to Miami mixed-use hotel/condominium in insurance dispute arising from the negligence of design professionals and contractors.
  • Advise multinational energy development holding company in employee misconduct investigation.
  • Advise non-profit dedicated to supporting transformational journalism and media innovation in defending fair use of copyrighted material and assessing civil liability for funding the development of encrypted communications software and tools.

Representative Bankruptcy Experience

  • Special counsel to directors and officers of multi-million dollar oil and gas company facing $600 million suit by unsecured creditors committee, appointed through Chapter 11 proceedings, for breach of fiduciary obligations in connection with two rounds of debt and equity financing prior to bankruptcy.
  • Counsel to insurer to directors and officers of nationwide cosmetic surgery company, defending trustee claims of breach of fiduciary obligations and corporate malfeasance.
  • Part of team representing class of indirect purchasers in antitrust litigation against leading manufacturers and suppliers of liquid aluminum sulfate involving a price-fixing and market allocation conspiracy. Successfully secured rejection of attempt by certain defendants who had restructured through Chapter 11 to thereby escape antitrust liability
  • Counsel to multiple institutional creditors in pursuit of improperly desegregated commodity and security customer assets.
  • Counsel to equity committee of billion dollar shipping company in time-compressed contested valuation and plan confirmation trial.
  • Counsel to a billion dollar Sharia-compliant investment entity in its chapter 11 proceedings.
  • Counsel to a global investment management firm sued on fraudulent transfer theories related to a multi-million dollar Ponzi scheme.
  • Counsel to foreign banking institution with significant U.S. and U.K. issued debt in chapter 15 reorganization.
  • Counsel to a secured creditor in successful defense against subordination of secured claim and purchase of gaming industry assets through a section 363 sale.
  • Advised global accounting firm facing liability from litigation trust seeking standing to assert assigned creditor claims.

Representative Transactional Experience

  • Advised national food holding company in bridge financing and acquisition of gourmet food e-commerce retailer and platform, related satisfaction of secured debt, and corporate matters related to operation of new entity.
  • Advised national food holding company in asset acquisition from specialty provider through an assignment for the benefit of creditors and related merchant advance/receivables factoring transaction.

Judicial Clerkships

  • Law Clerk, Honorable Beth Bloom, U.S. District Court, Southern District of Florida

Recognition

  • Pro Bono Honor Roll, U.S. District & Bankruptcy Courts of the Southern District of Florida, 2016

Publications & Presentations

Publications: Sea level rise adaptation: Funding sources
The Environmental and Land Use Law Section of the Florida Bar Reporter |August 2017

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