Areas of Practice
REAL ESTATE LITIGATION
In both federal and state court, Mr. Sherry has represented financial institutions, developers, construction companies, and unit owners in quiet title actions, construction litigation, lien disputes, motions to discharge lis pendens, and constructive trust actions. For example, Mr. Sherry successfully represented a group of unit owners to recover their security deposits from a high-end, severely delayed condominium development on Miami Beach. In another case, Mr. Sherry successfully represented a developer against its joint venture partner in a $100 million development project in north Miami.
complex commercial litigation
Many of Mr. Sherry’s cases involve various types of claims for breach of contract, fraud, breach of fiduciary duty, tortious interference, unfair competition and FDUTPA, negligence, and other actions in state and federal courts. For example, Mr. Sherry represents a client in a multi-million-dollar lawsuit arising from a failed business and real estate venture to produce and retail medical cannabis.
franchise and joint venture litigation
From representing upstart companies to institutional firms, Mr. Sherry has successfully litigated in state and federal courts for declaratory, injunctive, and monetary relief to enforce contract terms in franchise and joint venture cases. In one recent case, a state court granted Mr. Sherry’s request to expedite the trial date, forcing the defendant to settle quickly on terms favorable to Mr. Sherry’s client.
ARBITRATION
Mr. Sherry has tried cases and litigated a range of disputes in arbitration, including before the American Arbitration Association and JAMS. He has successfully pursued claims and defended clients seeking cost-effective, final adjudications.
NON-COMPETITION, NON-DISCLOSURE, AND TRADE SECRET LITIGATION
Trade secret litigation has expanded considerably in recent years. And with Congress passing the Defendant Trade Secrets Act in 2016, nearly all trade secret disputes can now be filed in either state or federal court. These cases tend to be emergencies and selecting the appropriate forum can drastically affect the outcome. Mr. Sherry’s philosophy is to promptly involve the Court and seek immediate injunctive relief – which Mr. Sherry has successfully obtained in both state and federal court – to enforce contract terms or state and federal trade secret statutes.
class actions
Mr. Sherry has considerable class action experience, having appeared in class action cases across the country in both state and federal trial courts and appellate courts. For example, Mr. Sherry represented a manufacturer in parallel consumer protection class actions brought in Illinois and California federal courts. He represented a large financial institution in the Southern District of New York against securities fraud claims brought as a result of the Bernard Madoff Ponzi scheme. In another case, Mr. Sherry represented a manufacturer against a class of New York and California consumers in the Southern District of New York and in an appeal before the United States Court of Appeals for the Second Circuit.