Michael C. Foster

Partner

mfoster@wargofrench.com

305-777-6050

201 S. Biscayne Boulevard
Suite 1000
Miami, FL 33131

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Practice Areas:

Creditor's Rights and Bankruptcy

Complex Commercial Litigation

Real Estate Litigation

Insurance Coverage

Intellectual Property and Trade Secrets

Defamation Litigation

First Name:

Michael

Middle Name:

Last Name:

Foster

Tabs

Overview

Education and Background:

Emory University of Law

J.D., 1994

University of Miami

B.A., 1990

Professional Activities:

Thompson Reuters – Florida Super Lawyer, 2013 – Present
South Florida Legal Guide - Top Lawyer, 2009 – Present
Florida Trend Magazine - Legal Elite, 2011, 2019 - Present
Daily Business Review Most Effective Lawyers, Finalist, 2008, 2010
Put Something Bank Pro Bono Service Award, 2008
South Florida Legal Guide - Top Up & Comer, 2004, 2005, 2007, 2008
"AV" rated by Martindale-Hubbell
Dade County Bar Association
Broward County Bar Association
Bankruptcy Bar Association
Bankruptcy and Expert Testimony in Federal Court, National Business Institute Presenter, Contrasting State and Local with Federal Rules
Co-Chair, Board of Directors/General Counsel, MACtown, Inc., Miami, Florida
Executive Committee Member, United Community Options Capital Campaign

Bar and Court Admissions:

State Bar of Florida
Admitted to practice before the United States District Courts for the Southern, Middle and Northern Districts of Florida, and the United States Bankruptcy Courts for the Southern and Middle Districts of Florida.
Admitted to practice in the United States Court of Appeals for the Eleventh Circuit.

Representative Matters

Representative Matters:

Represented an international life settlement company, resolving thousands of claims from investors across the globe, resulting in a confirmed Chapter 11 Plan.
Represented the creditors’ committee in a large a complex Chapter 11 case involving victims of a bridge collapse and hundreds of vendors and suppliers.
Represents the state receiver of various failed insurers in the successful investigation and prosecution of directors and officers litigation, bankruptcy litigation, insurance coverage litigation, and appeals.
Obtained a defense verdict on behalf of an excess insurer in litigation claiming breach of the duty to defend brought by a primary insurer and a well-known U.S. multi-national corporation.
Ongoing representation of a national retailer in a variety of landlord tenant disputes, involving co-tenant provisions, rent modifications and defaults, and eviction proceedings.
Ongoing representation of a national restaurant chain in landlord-tenant litigation.
Represented a national shopping center owner in various disputes involving the enforcement of restrictive covenants, disputes involving property management and eviction proceedings.
Represented property owners (developers, retailers and private landowners) in various condemnation and inverse condemnation proceedings.
Represented property owners and insurers in litigation involving pollution and remediation.
Represented a large landowner in eminent domain litigation against the Army Corps of Engineers.
Represented the Defendant in the trial of a fraudulent transfer lawsuit seeking in excess of $50 million.
Ongoing representation of bankruptcy trustees and private clients as general counsel in insolvency proceedings, and in the full range of bankruptcy litigation, including avoidance actions.
Ongoing representation of an international vehicle manufacturer regarding bankruptcy issues.
Ongoing representation of bankruptcy trustees, public and private receivers, and private clients in directors and officers litigation, insurance coverage litigation, and general commercial litigation, including claims for misappropriation of trade secrets, unfair competition and infringement of intellectual property rights.

Published Decisions

Published Decisions:

Mt. Hawley Insurance Co. v. Roebuck, 383 F.Supp.3d 1351 (S.D. Fla. 2019)
Hermosilla v. Coca-Cola Co., 419 Fed.Appx. 917 (11th Cir. 2011)
Clarendon Nat. Ins. Co. v. Vickers, 265 Fed.Appx. 890 (11th Cir. 2008)

Publications

Publications:

Mentioned, 11th Circ. Says Insurer Must Defend Mall In Stabbing Case, Law360 (March 12, 2020)
Mentioned, Contractor On Failed Miami Bridge Has Ch. 11 Plan Confirmed, Law360 (December 12, 2019)

Speaking Engagements

Speaking Engagements:

Speaker, “How to Draft Effective Insurance and Indemnification Provisions in Commercial Contracts,” online CLE. (September 2020)
Speaker, “Promises, Promises: Navigating Personal Guarantees After The Financial Crisis,” CLE. (September 2018)

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Michael C. Foster

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Michael C. Foster

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Michael C. Foster

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Michael C. Foster

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Atlanta

Los Angeles

Miami