Matthew M. Graham is a Shareholder in the Litigation Department, focusing on insolvency/bankruptcy litigation and complex commercial litigation.
Prior to joining the firm, Matthew served as Law Clerk to Judge Robert A. Mark at the United States Bankruptcy Court for the Southern District of Florida and was an attorney in the Financial Insolvency & Restructuring Department of an international law firm.
Insolvency and Bankruptcy Litigation
- Counsel to officer, director, and sole shareholder of nationwide chain of cosmetic surgery centers in adversary proceeding brought by bankruptcy trustee alleging breach of fiduciary duties. Obtained favorable settlement within D&O insurance policy limits after filing motion to dismiss complaint.
- Counsel to real estate investment firm in litigation to enforce multi-million contract to purchase commercial office building in receivership proceeding, bankruptcy proceeding, and adversary proceeding. Obtained appointment of chapter 11 trustee and favorable settlement facilitating client’s purchase of the property at the initial contract price.
- Counsel to chapter 7 trustee in bankruptcy of medical entrepreneur in connection with Australian plaintiff’s efforts to implead trustee and enjoin distributions from the bankruptcy estate. Obtained order enforcing automatic stay, granting injunctive relief, and awarding sanctions against foreign plaintiff.
- Counsel to depository bank, commercial lender, and feeder fund principal in tort and fraudulent transfer lawsuits brought by bankruptcy trustees and private plaintiffs in connection with the Bernie Madoff and Tom Petters Ponzi schemes.
Complex Commercial Litigation
- Part of the litigation team that achieved a $100 million settlement on behalf of a Class consisting of 179 real estate investors. The settlement resolved claims that one of the largest commercial real estate firms in the world, and one of its employees, concealed and failed to alert our clients to an on-going multi-million dollar embezzlement scheme. It is currently pending Court approval.
- Counsel to federal savings bank in class action checking account overdraft fee litigation. Obtained dismissal or summary judgment on all claims. Affirmed on appeal.
- Counsel to aviation components brokerage company and principal in defending breach of fiduciary duty claims brought by Brazilian judgment creditors on behalf of clients’ former business associate. Obtained dismissal of all claims on motion to dismiss.
- Counsel to merchant lender in arbitrations to enforce promissory notes and guarantees against defenses including unenforceable choice of law provision, usury, and non-arbitrability. Obtained multiple arbitration awards against borrowers and guarantors.
- Other areas of experience include commercial tort litigation, contract litigation, real property litigation, fraudulent transfer litigation, creditors’ rights and collections litigation, and class action litigation.
Pro Bono Litigation
- Counsel to disabled individual in lawsuit to recover clear title to client’s home of more than 30 years from individual who tricked client into conveying title to him. Obtained summary judgment in favor of client, recovering clear title to his home.
- Law Clerk, Honorable Robert A. Mark, U.S. Bankruptcy Court, Southern District of Florida
Professional & Community Involvement
- Member, American Bar Association, Business Bankruptcy Committee and Corporate Governance Subcommittee
- Member, Bankruptcy Bar Association for the Southern District of Florida
- Florida Super Lawyers, Rising Star, 2018
- University of Miami Law School Merit Scholarship
- Edwin Willinger Scholarship
- Podhurst, Orseck Scholarship
Publications & Presentations
Miami Luxury Condos, the Panama Papers and Foreign Judgments
Daily Business Review|April 2016
Strategic Claim Purchasers Beware, Motive Counts
Financial Restructuring and Insolvency Notes|February 2011
In the Media:
CBRE To Pay $100M To End Class Action By Realty Investors
Stearns Weaver Miller Lawyers Recognized in Florida Super Lawyers 2018
In the Media:
Cabot Investors Win Class Cert. In $157M Fraud Suit
Stearns Weaver Miller Names Three New Shareholders
In the Media:
Going the Distance
The Florida Bar Journal|March 2017