Albert D. Lichy is a Shareholder in the Litigation group. He represents businesses of all sizes in various stages of litigation and regularly provides transaction-related strategic advice. He also helps businesses assess the risk and opportunities in pursuing and defending a lawsuit, which often involves crafting bespoke transactional solutions.
Prior to joining the firm, Albert was an investment banker at a restructuring advisory boutique in New York City. There he worked on several distressed transactions and corporate restructurings, and advised, among others, Caesars Entertainment Operating Company in its chapter 11 restructuring. Albert was also an associate at an international law firm in New York City and has experience as an Assistant County Attorney at the Miami-Dade County Attorney’s Office.
Albert clerked for the Honorable Thomas L. Ambro, United States Court of Appeals for the Third Circuit, the Honorable Paul C. Huck, United States District Court for the Southern District of Florida, and was a judicial extern for the Honorable Alex Kozinski, United States Court of Appeals for the Ninth Circuit.
- Represented the ClearSky Funds against its financial sponsor, the largest energy company in the world, which launched an attempted takeover of the Funds after disagreements involving the Principals Directors of the Funds. The Stearns Weaver Miller team secured a complete victory for the ClearSky Funds after a 6-week Final Hearing, which involved testimony from over 25 fact witnesses and numerous experts who opined on complex issues of governance and securities laws.
- Represented Fragomen, Del Rey, Bernsen & Loewy LLP and a member of the Firm’s executive committee in a malpractice action in the 11th Judicial Circuit Court in and for Miami-Dade County. The Stearns Weaver Miller team secured a rare dismissal of all malpractice claims brought against Fragomen and the member of the Firm’s executive committee.
- Represented KGH International Development against The Trillist Companies (and its principal) in a web of lawsuits in the Southern District of Florida, Florida state court and the Bankruptcy Court for the Northern District of Georgia. The Stearns Weaver Miller team secured a very favorable monetary settlement that was approved by the bankruptcy court.
- Represented Perry Ellis International in a licensing dispute against a Fortune 500 company that sought to cancel the parties’ license agreement after Perry Ellis’ 2018 going-private transaction. The Stearns Weaver Miller team secured a settlement on terms favorable to Perry Ellis shortly before trial.
- Represented Perry Ellis International in Perry Ellis International, Inc. v. BCIM Strategic Value Master Fund, LP, a hotly contested appraisal litigation arising out of the Company’s $476 million take-private transaction, involving five hedge funds also known as appraisal arbitrageurs. The Stearns Weaver Miller team helped Perry Ellis achieve a landmark victory in the complex business division of the Eleventh Judicial Circuit (Miami-Dade County, Florida), persuading the Court that Burford Capital Investment Management lacked standing under Florida’s appraisal statute to assert appraisal rights. Perry Ellis obtained a complete dismissal of Burford Capital’s claims on summary judgment.
- Achieved a full dismissal of RICO claims brought against Bluegreen Vacations Unlimited, Inc. in federal court in Fittipaldi v. Bluegreen Vacations Unlimited, et al., 18–61414 (S.D. Fla.).
- Law Clerk, Honorable Thomas L. Ambro, United States Court of Appeals for the Third Circuit
- Law Clerk, Honorable Paul C. Huck, United States District Court for the Southern District of Florida
- Judicial Extern, Honorable Alex Kozinski, United States Court of Appeals for the Ninth Circuit
Publications & Presentations
Nudging Judges to Issue Decisions Can Pay off
Daily Business Review|February 2016
New York City’s Annual Income and Expenses Statement Filing Requirement—a Land Mine for the Unwary Purchaser or Owner of Real Property
Cornell Real Estate Review|July 2014
The ‘Too Big to Jail’ Effect and the Impact on the DOJ’s Corporate Charging Policy
Hastings Law Journal|June 2014
DOJ’s Shift in Corporate Prosecutions: Too Big to Ignore
Daily Business Review|December 2013
The Availability of Performance-Based Fee Enhancements After in re Pilgrim’s Pride
American Bankruptcy Institute Journal|January 2012
11 U.S.C. § 365(d)(3)’s Creation of the Dueling ‘Billing Date’ and ‘Proration’ Approaches, and a Simple Fix
Real Estate Law Journal|January 2011