Jason S. Koslowe

Notable Experience

Representative Litigation Experience

• Counsel to world-renowned luxury hospitality operator Penrod Brothers and their flagship Nikki Beach, Miami Beach location to void and remedy procurement law violations by the City of Miami Beach, ceding over $100 million in land use, development, and operational rights to a political insider. Successfully secured settlement with millions in damages and broad lease extension, vindicating client’s rights and burnishing its brand reputation.
• Counsel to high-end residential condominium associations at the Carillon hotel and spa mixed-use development on Miami Beach suing equity fund operating the hotel, spa, property, and amenities for over-assessment and mismanagement, and usurpation of statutorily protected rights. Secured $16.3 million jury verdict. Secured landmark summary and final judgment invalidating master declaration unlawfully arrogating property ownership, control, and assessment rights over common property protected under Florida’s Condominium Act.
• Counsel to top-ranked national and international multispecialty academic medical center and its Florida affiliates in multifaceted legal malpractice and coverage litigation involving underlying inherited medical negligence claims of over $100 million. Successfully resolved all disputes with over 95% return for clients.
• Counsel to property owners and operators of historic Ball and Chain and affiliates in headline litigation against the City of Miami for weaponizing municipal power to destroy protected rights to real property and businesses. Led development of first-impression constitutional law and secured $12.5 million payout and secession of violations. Parallel lawsuit secured a $63.5 million jury verdict against City commissioner for the political vendetta predicating the City’s unlawful policies.
• Counsel to healthcare-focused private equity fund Lorient Capital and its portfolio companies operating unified, quality-driven multi-state primary care platforms, to successfully manage and resolve acquisition and performance disputes across multiple jurisdictions including Delaware, Nevada and New Mexico.
• Counsel to Flagstone Island Gardens / Flagstone Development against the City of Miami in connection with Flagstone’s right to develop and lease a $1.2 billion mixed-used hotel, retail and mega-yacht marina project on Watson Island. Succeeded at trial on every count, counterclaim, and issue in dispute, for the City’s repudiation and breach of its development and lease agreements. Designed and achieved settlement as to remedies with Flagstone obtaining $20 million in cash, $10 million in rent setoff rights, and new development and lease agreements providing millions more in economic value. Further secured dismissal and appellate affirmance on objector suit to halt Flagstone development.
• Counsel to real property owner stripped of rights to display and develop outdoor advertising on federal interstate generating millions of dollars in revenue in a quasi-takings Bert Harris Act suit against the City of Miami. Secured reversal and summary adjudication on appeal on issue of first impression, creating the now-governing legal standard, and led trial to enforce development rights.
• Counsel to operating member of Apeiron Miami, owner and developer of the Jockey Club properties, 22 acres of residential, marina and luxury amenities development, in several lawsuits initiated by non-operating member and their alter egos attempting loan-to-own scheme, foreclosure, dissociation and LLC dissolution. Secured novel injunctive relief, affirmed on appeal, and settlement obtaining remaining value and exit for clients.
• Counsel to GAF and its affiliates, the largest roofing and waterproofing business in the world, in select Florida litigation matters involving manufacturing and construction guarantees and warranties and providing advice on land-use, development and regulatory disputes.
• Counsel to private investment firm 777 Capital and its affiliates in the property and casualty insurance space suing managing general agent and former director and officer for fraud and breaches of fiduciary duty in connection with $10 million insuring entity acquisition, regulatory approval, and $100 million funding. Secured jurisdictional rulings affirmed on appeal and partial summary judgment leading to multi-million dollar settlement.
• Counsel to subsidiary of national sugar marketing and sales company converting sugarcane bagasse by-product into consumer packaging and foodservice products in multi-million litigation and arbitration against contract and license counterparty supplying chemical technology and engineering, design and construction processes for client’s production facility. Secured favorable settlement for client.
• Counsel to national provider of sourcing, preparation and delivery of specialty/fresh food in multiple litigations, 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, successful defense/settlement of multiple class action suits including under the ADA and state-level biometric data privacy statutes, and successfully defending claims brought by credit card services processor.
• Counsel to national buyer/seller of medical diagnostic imaging equipment suing motor carriers and brokers under Carmack Amendment and in negligence for the destruction of MRI machine during transport. Secured first impression ruling on scope of Carmack claim leading to successful settlement.
• Counsel to minority members and investors in marina, retail, and mixed use facility in Coconut Grove in contentious suit against controlling interests for breach of fiduciary obligations in scheme to divert and usurp corporate profits. Secured settlement and global resolution.
• Counsel to master association managing mixed use hotel and commercial venture in a half-dozen lawsuits involving dissenting interest holders and condominium association over validity of governing documents and management of joint operations, securing several rounds of summary judgment, and affirmance by the Third District Court of Appeal, in favor of the clients.
• Counsel to Indian multinational and US subsidiaries specializing in the manufacture and marketing of medical diagnostic devices 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.
• Florida counsel for Chipotle in successful defense of class of putative class alleging FDUTPA violations, unjust enrichment and false advertising regarding elimination of genetically modified ingredients (“GMOs”) from client’s menu. The Eleventh Circuit affirmed the District Court’s entry of summary judgment in favor of Chipotle and denied rehearing.
• Advised 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 rubber and latex products 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.
• Advised multinational energy development holding company in employee misconduct investigation.
• Advised 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 former member and director of credit card processing company fraudulently mismanaged by its CEO and controlling member. Secured settlement, bar order, and claims purchase from debtors and creditors committee. Successfully litigated and defended bar order on multiple appeals in multiple jurisdictions.
• Counsel to insurer of directors and officers of nationwide cosmetic surgery company defending trustee claims of breach of fiduciary obligations and corporate malfeasance.
• Part of team that represented 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 and Regulatory Experience

• Advised largest full-service water treatment equipment distributor on PPP and other regulatory matters related to entry into Florida and other regional markets.
• 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 distressed asset acquisition from specialty provider through an assignment for the benefit of creditors and related merchant advance/receivables factoring transaction.

Credentials

Judicial Clerkships

• Law Clerk, Honorable Beth Bloom, United States District Court for the Southern District of Florida

Professional & Community Involvement

• City of Miami Beach
  • General Obligation Bond Oversight Committee, Vice Chair
  • Sustainability and Resiliency Committee, Member
• Jewish Lawyers Association of Miami, Board of Directors
• Hebrew Academy (RASG), Board of Directors

Recognition

• Best Lawyers: Ones to Watch, 2024-2025
• Pro Bono Honor Roll, United States District & Bankruptcy Courts of the Southern District of Florida, 2016