Bast Amron

Miami Business and Bankruptcy Litigation Law Firm

Brett M. Amron

by

October 29th, 2014 - Posted in

Brett has been a litigator his entire career. He advises clients in complex business and bankruptcy litigation matters with an emphasis on director and officer liability, breach of fiduciary duty, partnership and shareholder disputes, fraud, and avoidance and recovery of preferential and fraudulent transfers. Brett represents court-appointed fiduciaries, trustees, receivers, corporations, shareholders, individuals, creditors’ committees, and secured and unsecured creditors.

Brett began practicing law as a prosecutor in Miami. From there he joined a large local firm in its bankruptcy litigation group, where he was elevated to partner. In 2008, Brett started his own practice and in 2009 founded Bast Amron LLP with his partner Jeffrey Bast. The firm is now widely recognized as one of South Florida’s top boutique firms delivering sophisticated advice to an array of clients with complex business disputes.

Brett speaks and writes frequently on various topics related to his practice. He has been recognized by his peers and numerous publications for professional excellence including Best Lawyers in America, Chambers and Partners, Martindale-Hubbell, South Florida Legal Guide, and Florida Super Lawyers.

Representative Matters

  • Special litigation counsel to the Curator for the Probate Estate of Victor Posner retained to prosecute claims against surety bond for removed personal representative’s breaches of fiduciary duty, which resulted in a recovery of $12 million for creditors
  • Special litigation counsel to the Liquidating Trustee of SMF Energy Corporation retained to prosecute claims for breach of fiduciary duty against the former directors and officers, which resulted in a recovery of $6.1 million for creditors
  • Special litigation counsel to Chapter 7 Trustee of Astor & Black Custom, LLC, retained to prosecute breach of fiduciary duty claims against the former directors and officers, which resulted in a recovery of $2.5 million for creditors
  • Special litigation counsel to the Chapter 7 Trustee of AA Florida Bridal Retail Company, LLC, et al, retained to prosecute breach of fiduciary duty claims against the former officers and directors, which resulted in a recovery of $2 million for creditors
  • Special litigation counsel to the Chapter 7 Trustee of AA Florida Bridal Retail Company, LLC et al, retained to assert lender liability claims against a hedge fund, which resulted in a recovery of $2.25 million for creditors
  • Special litigation counsel to the Liquidating Trustees of Advanced Blast Protection, Inc., retained to investigate and prosecute breach of fiduciary duty claims against the former officers and directors, which resulted in a recovery of $1.95 million for creditors
  • Counsel to a consortium of lenders to prosecute negligent misrepresentation claims against an Actuary for a defunct medical services provider, which resulted in a recovery to our clients for
  • Special litigation counsel to the Chapter 11 Plan Administrator in E-Brands Restaurants, LLC, et al., retained to prosecute breach of fiduciary duty claims against the former directors and officers, which resulted in a recovery of $1 million (100% of the insurance policy proceeds) for creditors
  • Special litigation counsel to Assignee of Recovery Associates of the Palm Beaches, Inc., retained to prosecute breach of fiduciary duty claims against the former directors and officers, which resulted in a recovery for creditors
  • Special litigation counsel to the Trustee of the Creditor Trust of ATIF, Inc., retained to prosecute breach of fiduciary duty claims against the former officers and directors, which resulted in a recovery of $2.25 million for creditors
  • Special litigation counsel to Chapter 7 Trustee of Puglia Engineering, Inc., retained to prosecute breach of fiduciary duty claims against the former directors and officers, resulting in a recovery of 90% of the remaining insurance proceeds to creditors
  • Special litigation counsel to Washington State Court Appointed Receiver of Papa Washington, LLC and J. Sound Pizza, LLC, retained to, prosecute breach of fiduciary duty claims against the former directors and officers, which resulted in a $1.6 million recovery for creditors
  • Special litigation counsel to Chapter 7 Trustee of MFPI Group, Inc.,  retained to prosecute breach of fiduciary duty claims against the former directors and officers, which resulted in a recovery to creditors
  • Special litigation counsel to Chapter 7 Trustee of Scott Acquisition Corp., retained to prosecute director and officer liability and professional malpractice claims, which resulted in a recovery in excess of $4.5 million for creditors
  • Special litigation counsel to Assignee of Saco Trading, LLC, retained to prosecute breach of fiduciary duty claims against the former directors and officers, which resulted in a recovery to creditors
  • Special litigation counsel to Assignee of CareSync, Inc., prosecuting breach of fiduciary duty claims against the former directors and officers
  • Special litigation counsel to Chapter 7 Trustee of UVLrx Therapeutics, Inc., prosecuting breach of fiduciary duty claims against the former directors and officers
  • Counsel to displaced partner of a high profile law firm in a three-day arbitration of a partnership dispute resulting in a multi-million dollar award in favor of client
  • Counsel to multi-national corporation pursuing multi-million dollar breach of contract, guarantee claims and defending counterclaims with alleged damages in excess of $40 million
  • Counsel to foreign corporation and U.S. subsidiary in defense of breach of contract, negligence, negligent misrepresentation claims with alleged damages in excess of $20 million
  • Counsel to developer of TAO, a 400 unit luxury condominium, defending rescission and breach of contract claims

Reported Decisions:

  • Village Condominium Ass’n v. Association Financial Services,C., 151 So.3d 1259 (Fla. 3d DCA 2014) (table)
  • Yarns America, Inc. v. Jab Textiles, Inc., 78 So.3d 550, District Court of Appeal of Florida, Fourth District, February 01, 2012, Parallel Citations (2012 WL 287797 4th DCA FLA 2012)
  • KPMG LLP v. State, Dept. of Ins., 833 So. 2d 285 (1st DCA FLA 2002)
  • In re Simon, United States Bankruptcy Court, S.D. Florida. June 17, 2010, (2010 WL 3633496)
  • In re Scott Acquisition Corp., 344 B.R. 283, United States Bankruptcy Court, D. Delaware. June 23, 2006 (WL 46 Bankr. Ct. Dec. 196)
  • In re Scott Acquisition Corp., 364 B.R. 562, United States Bankruptcy Court, D. Delaware. March 06, 2007 (WL 47 Bankr. Ct. Dec. 280)

Awards and Recognitions

  • Highest Possible AV Preeminent® Rating, Martindale-Hubbell In Both Legal and Ethical Standards
  • Best Lawyers In America– Listed in Creditor Debtor Rights/Insolvency and Reorganization Law; Litigation-Bankruptcy (2013-2019)
  • Chambers and Partners USA for Bankruptcy, 2011-2019
  • Florida Super Lawyers, Business Litigation, Creditor Debtor Rights, 2006-2020
    • Top 100 in Florida 2013-2020
  • South Florida Legal Guide– Listed among the Top Lawyers in Corporate and Business Litigation, Bankruptcy Litigation, 2015-2020
  • Florida Trend, Florida’s Legal Elite, Bankruptcy and Workout, 2005-2020

Publications

  • 2017 Edition “Director & Officer Liability for WARN Act Claims in Light of Stanziale”- ABA Business Law Today, July 2017
  • 2016-2019 Editions “Recent Developments In Business and Corporate Litigation”- The Business Courts Chapter for Contributors, December, 2016-2019
  • ABA Flash Report- Business Law Section D&O Liability Committee-“Delaware Supreme Court Emphasizes Public Policy Behind Support of Advancement” December, 2016
  • ABA Flash Report-“Sec Sues General Counsel of RPM International Based on Alleged Disclosure and Accounting Failures, Apparently In Violation of Corporate Reporting and Disclosure Requirements” September, 2016
  • ABA Flash Report-“Delaware Supreme Court Affirms Court of Chancery’s Lack of Damages Award as an Exercise of Remedial Discretion in Optimiscorp V. Waite.May, 2016
  • ABA Flash Report-“Delaware Supreme Court Affirms Court of Chancery’s Lack of Damages Award as an Exercise of Remedial Discretion in Optimiscorp V. Waite. May, 2016
  • ABA Flash Report– Business Law Section D&O Liability Committee–“Advancements of Fees For Former Officers” April, 2016
  • ABA Flash Report – Removal of Directors: Vaalco Energy Shareholder Litigation, April, 2016
  • “Florida Complex Business Litigation Courts,” for inclusion in the American Bar Association publication “Recent Developments in Business and Corporate Litigation” June, 2015

Speaking Engagements

  • Speaker, Director & Officer Claims – A Fiduciary’s Perspective, N.D.Fla. Bankruptcy Bar Association Annual Seminar, Pensacola, September 2019
  • Speaker, Webinar: D&O Indemnity Claims in Bankruptcy: Navigating Third-Party Suits, Chapter 11 and D&O Insurance Coverage, Presented by Strafford Publications, Inc., August 2019
  • Speaker, Webinar: Navigating D&O Fiduciary Duties in the Zone of Insolvency, Presented by Strafford Publications, Inc., June 2019
  • Speaker, Webinar: Director & Officer Litigation: Navigating Claims Through the Zone of Insolvency, Presented by Pincus Professional Education, February 2019
  • Speaker, Director, and Officer Liability for WARN Act Claims After Stanziale, ABA Business Law Section Spring Meeting, New Orleans, April 2017
  • Speaker, A Critical Skills Workshop: Expert Witness Depositions, Fort Lauderdale, March 2017
  • Panelist, Seminar: Fifth Annual Circuit Court Boot Camp: Motions for Summary Judgment, Orlando, April 2016
  • Speaker, Bankruptcy Ins and Outs of Dischargeability: Avoiding a Malpractice Threat, California, May 2015
  • Panelist, Director Oversight Liability In The Cybersecurity Age: The Interplay of Caremark/Stone and Effective Risk Management, ABA Business Law Section Spring Meeting, April 2015
  • Panelist, Seminar: Involuntary Bankruptcy, Miami, March 2015
  • Speaker, Bankruptcy Litigation, Nova Southeastern University, March 2015
  • Moderator, Practicing with Professionalism, Florida Bar, January 2015
  • Partnership and Shareholder Disputes, Florida Institute of Certified Public Accountants Broward Chapter, November 2012
  • Speaker, Collections: Seeking and Collecting a Judgment, National Business Institute Seminar, Miami, September, 2011
  • Complex Bankruptcy Issues, National Business Institute webcast, May 2010
  • Speaker, Nuts and Bolts of Bankruptcy Law, National Business Institute, Miami, February 2008-2010

Professional and Community Activities

  • Chair, Developments Sub-Committee, American Bar Association, Business Law Section, D&O Liability Committee
  • Fellow, American Bar Foundation
  • Member, Federal Bar Association
  • Member, Bankruptcy Bar Association of the Southern District of Florida
  • Member, American Bankruptcy Institute
  • Member, American Bar Association, Joint Task Force on the Governance of Distressed Entities
  • Member, American Bar Association
  • Member, Advisory Board of the Legal Leaders Fundraising Campaign, Dade Legal Aid/Put Something Back project, Dade County Bar Association
  • Past President, Board of Directors, University of Florida Hillel
  • Member, Board of Directors, Temple Beth Am – 2008-2011

Brett has been a litigator his entire career. He advises clients in complex business and bankruptcy litigation matters with an emphasis on director and officer liability, breach of fiduciary duty, partnership and shareholder disputes, fraud, and avoidance and recovery of preferential and fraudulent transfers. Brett represents court-appointed fiduciaries, trustees, receivers, corporations, shareholders, individuals, creditors’ committees, and secured and unsecured creditors.

Brett began practicing law as a prosecutor in Miami. From there he joined a large local firm in its bankruptcy litigation group, where he was elevated to partner. In 2008, Brett started his own practice and in 2009 founded Bast Amron LLP with his partner Jeffrey Bast. The firm is now widely recognized as one of South Florida’s top boutique firms delivering sophisticated advice to an array of clients with complex business disputes.

Brett speaks and writes frequently on various topics related to his practice. He has been recognized by his peers and numerous publications for professional excellence including Best Lawyers in America, Chambers and Partners, Martindale-Hubbell, South Florida Legal Guide, and Florida Super Lawyers.

Representative Matters

  • Special litigation counsel to the Curator for the Probate Estate of Victor Posner retained to prosecute claims against surety bond for removed personal representative’s breaches of fiduciary duty, which resulted in a recovery of $12 million for creditors
  • Special litigation counsel to the Liquidating Trustee of SMF Energy Corporation retained to prosecute claims for breach of fiduciary duty against the former directors and officers, which resulted in a recovery of $6.1 million for creditors
  • Special litigation counsel to Chapter 7 Trustee of Astor & Black Custom, LLC, retained to prosecute breach of fiduciary duty claims against the former directors and officers, which resulted in a recovery of $2.5 million for creditors
  • Special litigation counsel to the Chapter 7 Trustee of AA Florida Bridal Retail Company, LLC, et al, retained to prosecute breach of fiduciary duty claims against the former officers and directors, which resulted in a recovery of $2 million for creditors
  • Special litigation counsel to the Chapter 7 Trustee of AA Florida Bridal Retail Company, LLC et al, retained to assert lender liability claims against a hedge fund, which resulted in a recovery of $2.25 million for creditors
  • Special litigation counsel to the Liquidating Trustees of Advanced Blast Protection, Inc., retained to investigate and prosecute breach of fiduciary duty claims against the former officers and directors, which resulted in a recovery of $1.95 million for creditors
  • Counsel to a consortium of lenders to prosecute negligent misrepresentation claims against an Actuary for a defunct medical services provider, which resulted in a recovery to our clients for
  • Special litigation counsel to the Chapter 11 Plan Administrator in E-Brands Restaurants, LLC, et al., retained to prosecute breach of fiduciary duty claims against the former directors and officers, which resulted in a recovery of $1 million (100% of the insurance policy proceeds) for creditors
  • Special litigation counsel to Assignee of Recovery Associates of the Palm Beaches, Inc., retained to prosecute breach of fiduciary duty claims against the former directors and officers, which resulted in a recovery for creditors
  • Special litigation counsel to the Trustee of the Creditor Trust of ATIF, Inc., retained to prosecute breach of fiduciary duty claims against the former officers and directors, which resulted in a recovery of $2.25 million for creditors
  • Special litigation counsel to Chapter 7 Trustee of Puglia Engineering, Inc., retained to prosecute breach of fiduciary duty claims against the former directors and officers, resulting in a recovery of 90% of the remaining insurance proceeds to creditors
  • Special litigation counsel to Washington State Court Appointed Receiver of Papa Washington, LLC and J. Sound Pizza, LLC, retained to, prosecute breach of fiduciary duty claims against the former directors and officers, which resulted in a $1.6 million recovery for creditors
  • Special litigation counsel to Chapter 7 Trustee of MFPI Group, Inc.,  retained to prosecute breach of fiduciary duty claims against the former directors and officers, which resulted in a recovery to creditors
  • Special litigation counsel to Chapter 7 Trustee of Scott Acquisition Corp., retained to prosecute director and officer liability and professional malpractice claims, which resulted in a recovery in excess of $4.5 million for creditors
  • Special litigation counsel to Assignee of Saco Trading, LLC, retained to prosecute breach of fiduciary duty claims against the former directors and officers, which resulted in a recovery to creditors
  • Special litigation counsel to Assignee of CareSync, Inc., prosecuting breach of fiduciary duty claims against the former directors and officers
  • Special litigation counsel to Chapter 7 Trustee of UVLrx Therapeutics, Inc., prosecuting breach of fiduciary duty claims against the former directors and officers
  • Counsel to displaced partner of a high profile law firm in a three-day arbitration of a partnership dispute resulting in a multi-million dollar award in favor of client
  • Counsel to multi-national corporation pursuing multi-million dollar breach of contract, guarantee claims and defending counterclaims with alleged damages in excess of $40 million
  • Counsel to foreign corporation and U.S. subsidiary in defense of breach of contract, negligence, negligent misrepresentation claims with alleged damages in excess of $20 million
  • Counsel to developer of TAO, a 400 unit luxury condominium, defending rescission and breach of contract claims

Reported Decisions:

  • Village Condominium Ass’n v. Association Financial Services,C., 151 So.3d 1259 (Fla. 3d DCA 2014) (table)
  • Yarns America, Inc. v. Jab Textiles, Inc., 78 So.3d 550, District Court of Appeal of Florida, Fourth District, February 01, 2012, Parallel Citations (2012 WL 287797 4th DCA FLA 2012)
  • KPMG LLP v. State, Dept. of Ins., 833 So. 2d 285 (1st DCA FLA 2002)
  • In re Simon, United States Bankruptcy Court, S.D. Florida. June 17, 2010, (2010 WL 3633496)
  • In re Scott Acquisition Corp., 344 B.R. 283, United States Bankruptcy Court, D. Delaware. June 23, 2006 (WL 46 Bankr. Ct. Dec. 196)
  • In re Scott Acquisition Corp., 364 B.R. 562, United States Bankruptcy Court, D. Delaware. March 06, 2007 (WL 47 Bankr. Ct. Dec. 280)

Awards and Recognitions

  • Highest Possible AV Preeminent® Rating, Martindale-Hubbell In Both Legal and Ethical Standards
  • Best Lawyers In America– Listed in Creditor Debtor Rights/Insolvency and Reorganization Law; Litigation-Bankruptcy (2013-2019)
  • Chambers and Partners USA for Bankruptcy, 2011-2019
  • Florida Super Lawyers, Business Litigation, Creditor Debtor Rights, 2006-2020
    • Top 100 in Florida 2013-2020
  • South Florida Legal Guide– Listed among the Top Lawyers in Corporate and Business Litigation, Bankruptcy Litigation, 2015-2020
  • Florida Trend, Florida’s Legal Elite, Bankruptcy and Workout, 2005-2020

Publications

  • 2017 Edition “Director & Officer Liability for WARN Act Claims in Light of Stanziale”- ABA Business Law Today, July 2017
  • 2016-2019 Editions “Recent Developments In Business and Corporate Litigation”- The Business Courts Chapter for Contributors, December, 2016-2019
  • ABA Flash Report- Business Law Section D&O Liability Committee-“Delaware Supreme Court Emphasizes Public Policy Behind Support of Advancement” December, 2016
  • ABA Flash Report-“Sec Sues General Counsel of RPM International Based on Alleged Disclosure and Accounting Failures, Apparently In Violation of Corporate Reporting and Disclosure Requirements” September, 2016
  • ABA Flash Report-“Delaware Supreme Court Affirms Court of Chancery’s Lack of Damages Award as an Exercise of Remedial Discretion in Optimiscorp V. Waite.May, 2016
  • ABA Flash Report-“Delaware Supreme Court Affirms Court of Chancery’s Lack of Damages Award as an Exercise of Remedial Discretion in Optimiscorp V. Waite. May, 2016
  • ABA Flash Report– Business Law Section D&O Liability Committee–“Advancements of Fees For Former Officers” April, 2016
  • ABA Flash Report – Removal of Directors: Vaalco Energy Shareholder Litigation, April, 2016
  • “Florida Complex Business Litigation Courts,” for inclusion in the American Bar Association publication “Recent Developments in Business and Corporate Litigation” June, 2015

Speaking Engagements

  • Speaker, Director & Officer Claims – A Fiduciary’s Perspective, N.D.Fla. Bankruptcy Bar Association Annual Seminar, Pensacola, September 2019
  • Speaker, Webinar: D&O Indemnity Claims in Bankruptcy: Navigating Third-Party Suits, Chapter 11 and D&O Insurance Coverage, Presented by Strafford Publications, Inc., August 2019
  • Speaker, Webinar: Navigating D&O Fiduciary Duties in the Zone of Insolvency, Presented by Strafford Publications, Inc., June 2019
  • Speaker, Webinar: Director & Officer Litigation: Navigating Claims Through the Zone of Insolvency, Presented by Pincus Professional Education, February 2019
  • Speaker, Director, and Officer Liability for WARN Act Claims After Stanziale, ABA Business Law Section Spring Meeting, New Orleans, April 2017
  • Speaker, A Critical Skills Workshop: Expert Witness Depositions, Fort Lauderdale, March 2017
  • Panelist, Seminar: Fifth Annual Circuit Court Boot Camp: Motions for Summary Judgment, Orlando, April 2016
  • Speaker, Bankruptcy Ins and Outs of Dischargeability: Avoiding a Malpractice Threat, California, May 2015
  • Panelist, Director Oversight Liability In The Cybersecurity Age: The Interplay of Caremark/Stone and Effective Risk Management, ABA Business Law Section Spring Meeting, April 2015
  • Panelist, Seminar: Involuntary Bankruptcy, Miami, March 2015
  • Speaker, Bankruptcy Litigation, Nova Southeastern University, March 2015
  • Moderator, Practicing with Professionalism, Florida Bar, January 2015
  • Partnership and Shareholder Disputes, Florida Institute of Certified Public Accountants Broward Chapter, November 2012
  • Speaker, Collections: Seeking and Collecting a Judgment, National Business Institute Seminar, Miami, September, 2011
  • Complex Bankruptcy Issues, National Business Institute webcast, May 2010
  • Speaker, Nuts and Bolts of Bankruptcy Law, National Business Institute, Miami, February 2008-2010

Professional and Community Activities

  • Chair, Developments Sub-Committee, American Bar Association, Business Law Section, D&O Liability Committee
  • Fellow, American Bar Foundation
  • Member, Federal Bar Association
  • Member, Bankruptcy Bar Association of the Southern District of Florida
  • Member, American Bankruptcy Institute
  • Member, American Bar Association, Joint Task Force on the Governance of Distressed Entities
  • Member, American Bar Association
  • Member, Advisory Board of the Legal Leaders Fundraising Campaign, Dade Legal Aid/Put Something Back project, Dade County Bar Association
  • Past President, Board of Directors, University of Florida Hillel
  • Member, Board of Directors, Temple Beth Am – 2008-2011