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:

Bankruptcy and Restructuring

Creditor's Rights and Bankruptcy

Complex Commercial Litigation

Insurance Coverage Litigation

Intellectual Property and Trade Secrets

First Name:

Michael

Middle Name:

Last Name:

Foster

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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
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 1000s of claims from investors across the globe, resulting in a confirmed Chapter 11 Plan.
Represented 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.
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 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:

Faculty, “Promises, Promises: Navigating Personal Guarantees After The Financial Crisis,” CLE. (September 2018)

Wargo French

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Michael C. Foster

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Michael C. Foster

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