DANIEL O. MENA

Partner

  CONTACT

dmena@avilalaw.com
Tel: 305.779.3575
Fax: 305.779.3561

Assistant: Jesely Abaunza
jabaunza@avilalaw.com
Tel: 305.779.3572

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Mr. Mena is a founding partner of AVILA and one of the co-chairs of AVILA’s Litigation Department. He was previously an equity partner in the Miami office of an AmLaw 20 national law firm. Mr. Mena graduated from the University of Pennsylvania Law School and has over twenty years of experience representing domestic and foreign clients in all aspects of business and commercial disputes, with an emphasis on corporate, cross-border, and real estate disputes. He regularly represents companies and investors in Florida state courts, federal courts in several states, and arbitrations, acts as outside general counsel for clients, leads corporate investigations, and assists with crisis and media management. Mr. Mena has been lead counsel in jury trials, bench trials and arbitrations, including matters involving foreign law, breach of contract, real estate, fraud, breach of fiduciary duty, unlawful interference, civil theft, unfair & deceptive trade practices, injunctions, receiverships, and the enforcement of judgments. Mr. Mena has successfully negotiated hundreds of resolutions in complex commercial disputes and has served as an arbitrator, mediator and expert.

PRACTICE AREAS

  • Complex Business Litigation
  • Corporate & Partnership Disputes
  • Financial Institution Litigation
  • International Arbitration & Litigation
  • Investigations & Compliance
  • Real Estate Disputes & Workouts

EDUCATION

University of Pennsylvania Law School, J.D., 1995.
Florida International University, B.A., 1992.
Universidad de Salamanca, Colegio de Espana Study Abroad Program, 1991.
Belen Jesuit Preparatory School, 1989.

PROFESSIONAL ASSOCIATIONS

American Bar Association
Hispanic National Bar Association
Cuban-American Bar Association
Dade County Bar Association
Penn Law Alumni Network
Belen Alumni Lawyers’ Section

BAR ADMISSIONS

Florida Bar (All Florida trial courts and appellate courts).
Supreme Court of the United States of America.
United States Court of Appeals for the Eleventh Circuit.
United States District Court for the Southern District of Florida.
United States District Court for the Middle District of Florida.
United States District Court for the Northern District of Florida.

LANGUAGES

English
Spanish

REPRESENTATIVE MATTERS

  • Defended multinational company as lead counsel in multi-million dollar cross-border dispute in state and federal courts alleging fraudulent pricing, bad faith and breach of contract in worldwide distribution.
  • Represented many equity owners and managers in disputes (both litigation and arbitration) involving mismanagement, fraud, deadlocks, buy-outs, and dissolutions.
  • Represented real estate developer in complex dispute concerning breach of acquisition and financing agreement involving downtown office building valued at $50 million.
  • Defended national bank as lead counsel against claims by former officer, who committed fraud, and coordinated effort in related criminal and regulatory investigations.
  • Defended multinational public corporation as lead counsel in complex, multi-million dollar dispute against information technology (IT) consultant hired to implement software in several countries across different platforms.
  • Represented multinational corporation in cross-border arbitration alleging breach of distribution agreement. Obtained arbitration award and successfully enforced same abroad.
  • Defended national bank as lead counsel in litigation pending in multi-state litigation involving breach of IT consulting agreement and bad faith.
  • Represented foreign investors as lead counsel in recovering monies fraudulently taken in civil theft scheme using purported black market exchange.
  • Represented multinational public corporation in arbitration involving breach of contract and lost profit damages, as well as in enforcing the award.
  • Defended multinational corporation as lead counsel in jury trial brought by telecommunications consultant alleging breach of contract and fraud.
  • Represented equity partners as lead counsel in cross-border multi-million dollar dispute involving fraud and breach of fiduciary duty in various subsidiaries operating in 12 countries.
  • Defended former bank director and officer in multi-million dollar dispute alleging breach of fiduciary duty brought by the FDIC.
  • Represented multinational corporation in multi-million dollar federal litigation against former officer accused of complex insider scheme to defraud the company, and obtained judgment for corporation.
  • Represented several client in many real estate contract disputes involving specific performance, both as claimant and defendant.
  • Represented several financial institutions and developers in litigation cases and work outs involving real estate projects, developments, contested liens and complex commercial foreclosures.
  • Represented financial institutions in connection with government investigations, compliance issues and subpoenas.
  • Represented foreign investor in case against former business partner for fraud; obtained court-ordered receivership of business.
  • Represented developers in complex litigation under the Interstate Land Sales & Full Disclosure Act.
  • Represented several clients, including developers and financial institutions, in defending class actions.
  • Represented multinational fast food chain in federal court contract dispute with former partner in Argentina; prevailed on summary judgment under the laws of Argentina.
  • Represented multinational electronics manufacturer against former distributor in fraud case under the laws of Peru.
  • Represented large, multinational electronics manufacturer in arbitration against foreign distributor; obtained judgment in favor of client.
  • Represented Mexican franchisee against multinational franchisor in cross-border litigation alleging breach of contract and accounting improprieties.
  • Represented business partner in corporate disputes against other partners in direct and derivative actions against corporation.
  • Represented large fast food chain in action alleging pricing control and antitrust issues.
  • Represented estate beneficiaries in multinational probate case spanning five jurisdictions against persons who forged will and stole inheritance.
  • Represented large multinational manufacturer in international multijurisdictional dispute regarding product defect and wrongful death.
  • Represented several clients in cases involving the domestication and enforcement of foreign judgments in the US and abroad.
  • Represented multi-national corporation in jury trial under Peruvian law alleging breach of cross-border distributor agreement.

AWARDS & INVOLVEMENT

Publications & Speaking

  • “Disruption or Derailment? Troubled Commercial Real Estate Assets, Credit Defaults and Workouts in the Current and Post COVID-19 Environment,” National Ass’n of Women & Minority Law Firms (2020).
  • Chapter 15, Florida Civil Practice Before Trial, “Removal and Remand,” (Florida Bar, 2022, 2019, 2017).
  • Chapter 18, Florida Civil Practice Before Trial, “Default And Relief From Default,” (Florida Bar, 2022, 2019, 2017, 2015, 2013, 2011, 2009, 2007).
  • “Bet the Company: Managing Large & Complex Claims,” Hispanic National Bar Ass’n, (San Antonio, 2015).
  • “Arbitration Litigation,” Hispanic National Bar Ass’n (Orlando, 2014).
  • “Attorneys Face Novel Issues Across National Borders,” The National Law Journal, co-author (2000).

Awards & Recognition

  • The Best Lawyers in America, (2023 – 2010)
  • Florida Super Lawyers, (2023 – 2007)
  • Top Lawyers in South Florida, South Florida Legal Guide (2020 – 2007)
  • Who’s Who in the World, (2020 – 2012)
  • Who’s Who in America, (2020 – 2013)
  • Who’s Who in American Law, (2011)
  • Leadership Miami, Greater Miami Chamber of Commerce, (1996-97)