Case Files
When you come to Kluger, Peretz, Kaplan & Berlin with the question, "What should I do?" you can count on us to find an answer. Our Case Files demonstrate best the caliber of our talent and the depth and breadth of our experience. Here are just a few examples, and you can read more by simply clicking on the links below.
Creative Solution for Contaminated Site
Allows Shopping Center Construction
BOSTON—Faced with a potential deal-breaking ultimatum from the seller of a decontaminated suburban site, transactional lawyers from the Miami law firm KPKB, working with their developer client, found a novel way to close the deal: bury the site under a layer of dirt.
After spending significant money for decontaminating the multi-acre parcel, the owner, concerned about liability issues, agreed to sell only if the buyer would not dig on the site—a seeming impossibility for a developer wanting to build a shopping center there.
But KPKB attorneys worked with their developer client to fashion a unique solution: cover the entire site with red construction-fencing to mark the original site and pile dirt on top. Then KPKB located free dirt nearby—at a large Boston construction project needing to remove soil from the St. Charles River—and shopping center construction began.
KPKB Attorneys Fight Back Claim
Of Investment Company Liability
GWINNET COUNTY, GEORGIA—A plaintiffs’ lawyer with a track record of $100+ million verdicts filed suit on behalf of two men killed by the collapse of a billboard manufactured by a portfolio company associated with a prestigious private equity investment firm represented by KPKB attorneys. Because the plaintiffs sought damages well beyond the limits of the portfolio company’s insurance, they brought a claim directly against the private equity company.
Any judgment against a private equity firm for the debts of a portfolio company could have a chilling effect on the entire private equity industry. KPKB attorneys were able to successfully devise a strategy, employing both traditional corporate structure defenses and a more creative argument relying upon a brand new state statute, to convince the plaintiffs that the risks associated with trial were too great. As a result, the plaintiffs settled for an amount well within the insurance policy limits of the portfolio company. Afterward, we counseled our client’s employees on behaviors designed to reduce exposure to similar arguments in the future.
‘Wonderful Lawyering’ Saves Amerijet International From a Hard Landing When a leading cargo airline, Amerijet International, Inc., had its largest charter contract canceled and several planes idled just weeks before 9/ll and faced financial disaster, its Miami-based law firm KPKB stepped in to file Chapter 11 bankruptcy, find sustaining venture capital, and achieve court confirmation—all in just 85 days. More . . . .
Rescuing a Family Heirloom on the North Miami River Land held by a Miami-based developer’s family since 1926, slated for re-development, nearly came to a halt when they ran out of capital. Keeping the former site of the East Coast Fisheries and restaurant in the family, preserving the original fishery building, and bringing back vibrancy to a narrow strip of the NW Miami River bank was developer client Peter Schwartz’s dream. More . . . .
Lawyers Employ Rare Legal Vehicle To Deliver Favorable Ruling to Client Employing a seldom-used legal vehicle, the KPKB law firm successfully defeated a derivative shareholder lawsuit at very little cost to its client, a major private-equity firm. More . . .
