Nicola A. Gelormino

Associate

ngelormino@wargofrench.com

305-777-6070

201 S. Biscayne Boulevard
Suite 1000
Miami, FL 33131

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Practice Areas:

Complex Commercial Litigation

Bankruptcy and Restructuring

Employment Litigation

Construction Litigation

Financial Services Litigation

First Name:

Nicola

Middle Name:

Last Name:

Gelormino

Tabs

Overview

Education and Background:

University of Miami School of Law

J.D., summa cum laude, 2011

University of Miami Business Law Review, Editor-in-Chief

Top 4% of graduating class

Outstanding Merit Scholarship Recipient

James E. Doyle Scholarship Award

University of Miami

B.B.A., cum laude, 2005

Double Major: Finance and Marketing

School of Business Peer Counseling Program, Peer Counselor, Team Leader

University of Miami School of Business Honors Program

Golden Key International Honor Society

National Society of Collegiate Scholars

Professional Activities:

University of Miami Citizens Board Sebastian’s Up & Comer Award (2019-2020)
South Florida Legal Guide - Top Up & Comer (2020)
Thompson Reuters – Florida Super Lawyers, Rising Star (2019 - current)
Team Co-Captain for the Dolphins Cancer Challenge
Steering Committee, University of Miami Canes’ Community
American Bar Association
University of Miami, Citizens Board
Big Brothers Big Sisters of Greater Miami, Miracle Society
Leadership Miami, Class of 2007– 2008
Commercial Real Estate Women Miami (CREW): Careers Committee, Chair and Co-Chair, 2006 – 2008

Bar and Court Admissions:

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

Representative Matters

Representative Matters:

Ongoing representation of bankruptcy trustee as counsel in full range of bankruptcy litigation, including avoidance actions.
Ongoing representation of fitness business in defamation litigation commenced by a former employee.
Defended corporate officer against defamation claim, obtaining dismissal of claim.
Represented insurance company in class-action lawsuit alleging violations of contractual obligations and state law. Filed early motion to dismiss for failure to state a claim, and while motion was pending, negotiated favorable pre-discovery settlement for client.
Defended global insurance brokerage firm against unfair competition claims brought by industry competitor.
Obtained preliminary injunctive relief on behalf of employer enforcing non-solicitation, non-competition, and confidentiality restrictive covenants against former employees.
Obtained dismissal of whistleblower retaliation, discrimination, and other claims brought against employer in improper venues.
Obtained preliminary injunctive relief on behalf of publicly-traded company enforcing non-solicitation, non-competition and confidentiality restrictive covenants against former employees.
Counseled corporate owner on dispute with its general contractor on issues involving payments, delay, and defects associated with engineering, construction management, and general services performed by contractor in connection with a $140 million industrial project.
Successful defense of high-end general contracting firm against summary judgment claim in complex construction litigation case by lender’s successor-in-interest seeking to foreclose construction liens and defense of contractor in separate action involving enforcement of statutory construction liens.
Defended subcontractor in federal court action by lender-developer seeking indemnification for liability on construction and design defect claims including breach of implied warranties and building code violations.
Represented general contractor and its qualifying agent in arbitration proceeding involving claims by owners against contractor and its qualifying agent, individually, for misappropriation of construction funds, and for claims against qualifying agent, individually, for fraudulent lien and breach of contract.
Handled certain aspects of representation of developer in bid protest litigation alleging claims for failure to comply with Federal, State, and local competitive bidding statutes or procurement laws.
Represents leading regenerative medicine company in all aspects of multi-state actions against former employees and competing companies involving enforcement of restrictive covenants and protection of trade secrets.
Handled various aspects of federal and state court cases in multi-state restrictive covenants and trade secrets litigation, including obtaining dismissal of whistleblower, discrimination and other claims.
Involved in various aspects of unfair competition and trade secrets litigation between industry-leading competitors.
Defended banks and national financial services organizations in state and federal court actions by customers asserting violations of the Truth-In-Lending Act (“TILA”), the Fair Credit Reporting Act (“FCRA”), the Fair Debt Collection Practices Act (“FDCPA”), Telephone Consumer Protection Act (“TCPA”), Real Estate Settlement Procedures Act (“RESPA”), and various other federal and state consumer protection statutes.
Defended lenders and national financial services organizations in adversary proceedings by borrowers asserting mortgage-related claims, including allegations of wrongful foreclosure, slander of title, and state mortgage statute violations.

Publications

Publications:

Mentioned, 11th Circ. Says Insurer Must Defend Mall In Stabbing Case, Law360 (March 12, 2020)
Edited, Steven M. Siegfried and Nicholas D. Siegfried, The Florida Construction Lien law, an Overview (10th ed. 2011)
Contributor and Editor, Steven M. Siegfried, Chapter 4 – Bonds: The Protective Layer in the Construction Process and Chapter 9 – Arbitration in the construction industry, Annual Cumulative Supplement, Florida Construction Law (2001)

Speaking Engagements

Speaking Engagements:

Moderator, Second Biennial Miami-Dade Florida Association for Women Lawyers' Corporate Counsel Summit, “Managing Complex Litigation and Transactions,” CLE. (May 2019)
Faculty, “Promises, Promises: Navigating Personal Guarantees After The Financial Crisis,” CLE. (September 2018)
Moderator, Miami-Dade Florida Association of Women Lawyers’ Event, “Behind the Scenes: What I Wish I Would Have Known About Going In-House," CLE. (November 2017)

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Nicola A. Gelormino

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