David P. Milian
David is a seasoned trial lawyer and senior partner in Carey Rodriguez Milian Gonya, LLP. David’s practice focuses on complex investor, shareholder and partnership disputes; consumer privacy and investment class action litigation; litigation in the commercial finance, manufacturing, commercial real estate, banking, and entertainment industries; unfair competition and deceptive trade practices; trademark infringement copyright and theft of trade secrets litigation; foreign corrupt practices, money laundering and wire fraud claims pursuant to Florida and Federal Civil RICO statutes; professional malpractice claims; and director and officer liability. David represents clients in matters brought before federal and state court judges and juries, and domestic and international arbitration panels. David also has significant experience in evaluating and bringing claims on behalf of bankruptcy trustees, receivers, and investors, particularly securities and other commercial fraud actions.
David is recognized in Best Lawyers in America (2008-present), Florida Super Lawyer for Business Litigation (2008-present), Florida Trend Magazine as Florida’s Legal Elite in Commercial Litigation (2008-present), AV® Preeminent Rating by Martindale Hubbell (1999-present), and AV® Preeminent rating by a survey of peers in Intellectual Property Law. The South Florida Daily Business Review also recognized David as a finalist for Most Effective Lawyer of South Florida in 2010.
David graduated with honors from the University of Florida College of Law in 1989 where he was executive Articles Editor for the Florida Journal of International Law and is now an active member of the Cuban American Bar Association. David is fluent in Spanish and represents a diversity of corporate and private clients.
David serves on the Board of Directors and is outside legal counsel to Shake-A-Leg Miami—a charity located on Miami’s Biscayne Bay devoted to serving the needs of disabled children by providing access to sailing, snorkeling, and related aquatic activities.
Admitted to Practice
- Florida, 1990
- United States District Court, Southern and Middle Districts of Florida, 1990, Western District Wisconsin, 2016
- United States Court of Appeals, 11th Circuit, 1991, 7th Circuit, 2017, 9th Circuit, 2018
- B.A, with honors, University of Florida, Gainesville, Florida (1986)
- J.D., with honors, University of Florida College of Law,Gainesville, Florida (1989)
- Executive Articles Editor, Florida Journal of International Law
- Fellowship Instructor, University of Florida College of Law Appellate Advocacy Program
- Recipient, American Jurisprudence Awards for Torts and Constitutional Law.
- Florida Bar Civil Procedure Rules Committee, 2006-2012; E-Discovery Subcommittee; Chair of Rule 1.380 and other sub- committees
- Miami-Dade County Bar Association, Board of Directors 1997-2002
- Florida Bar Board of Governors (YLD) 1998-2004
- American Bar Association, Trial Practice Committee; Trial Evidence Committee
- Florida Eleventh Judicial Circuit Grievance Committee 2000-2003
- Florida Bar Special Committee on Multi-jurisdictional and Unlicensed Practice of Law
- Member of Cuban American Bar Association 1990-present.
- Represented plaintiff in jury trial in the Complex Commercial Litigation Division in Miami-Dade County Circuit Court; obtained directed verdict on $40 million promissory note in highly contested real property action.
- Represented plaintiff in RICO and breach of fiduciary duty trial before the Complex Commercial Litigation Division in Miami-Dade County Circuit Court.
- Defended against multi-million dollar personal guarantee in condominium conversion dispute in Miami-Dade Circuit Court.
- Counsel to the SEC Receiver, Bankruptcy Trustee, and class of 700 investors in a $300 Million securities fraud and civil RICO action. Prosecuted securities fraud and RICO action which led to recovery of $165 Million against major national food distributors and grocery chains.
- Counsel to international agricultural producer and distributor in the defense of a theft of trade secrets, unfair and deceptive trade practices, and unfair competition claims. The Plaintiff claimed damages in excess of $100 Million; achieved a settlement in an amount below $1 Million.
- Represented group of Venezuelan investors in a securities fraud class action in U.S. District Court with recoveries totaling in excess of $50 Million.
- Lead counsel in a dispute between member/managers of a Florida LLC real estate and construction financing company. The dispute centered on a multi-million dollar purchase and sale agreement, with litigation ensuing and concluding after 8 days of trial over various breaches of the purchase and sale agreement.
- Defend purchaser of television stations in breach of contract action with counter claim against multi-billion dollar hedge fund for breach of financing agreement in U.S. District Court.
- Appointed Special Litigation Counsel to Bankruptcy Trustee and Creditors Committee of a mortgage financing and investment company to investigate and bring claims against debtor's former accounting/auditing firm.
- Represented client-entertainer in a lender liability case against mortgage broker, architect and builder in connection with a multi-million dollar ponzi scheme.
- Represented Central American conglomerate in international health insurance dispute in federal court arising under Florida’s Unfair Insurance Trade Practices Act for damages in excess of $2 million.
- Represented Chilean and Peruvian corporations in international conspiracy lawsuit against former corporate executives.
- Represented former executor of estate in Central America in claims brought under the federal RICO statute for predicate acts of wire fraud, mail fraud and money laundering.
- Represented licencee and distributor of Jonas Brothers brand products in false advertising claim under Lanham Act.
- Represented foreign entities in multi-million dollar action against bank for aiding and abetting civil theft and dealing in stolen property.
- Represented Aruban bank in U.S. District Court in post judgment proceeding to dissolve multi-million dollar writ of garnishment on a correspondent bank account.
- Represented investors in a multi-million dollar securities fraud and RICO action in Florida State Court against long-time financial advisor.
- Prosecuted slander and tortious interference action on behalf of Yacht Manufacturer, Retailer, Wholesaler against competitor in New Jersey and Florida.
- Litigation counsel to national and international watch and jewelry retailer for all litigation matters in Florida.
- Represented class of investors in U.S. District Court against former auditors and off shore custodian of $600 Million failed hedge fund.
- Represented entertainment company on litigation, licensing, intellectual property, and contractual issues involving film, media, talent, and recording.
- Prosecuted multi-million dollar arbitration proceeding on behalf of health care provider against health care insurer for failure to pay claims.
- Represented Spanish owners and foreign guarantors in foreclosure and refinancing dispute involving South Beach Hotel property.
- International Asset Recovery and Litigation on behalf of Domestic and Offshore Equity Funds—Led multi-million dollar international asset investigation and litigation analysis for domestic and off shore hedge funds in Latin America and the Caribbean.
- Defend global distributor of watches against trade mark infringement and deceptive trade practices claims.
- Obtained $5 Million Final Judgment against client’s former company executive for breaching non-compete/non-solicitation agreement.
- Represented owners and contractors of large commercial property in construction lien/defective lien cases.
- KFD Aviation, Inc. v. Knight Aero Corp., 612 So. 2d 727 (Fla. 3d DCA 1993) (reversing trial court’s order denying motion to dismiss for lack of personal jurisdiction
- Seiko Kabushiki Kaisha v. Swiss Watch Int'l, Inc., 188 F. Supp. 2d 1350 (S.D. Fla. 2002) (denying watch manufacturer’s motion for preliminary injunction to enjoin competitor from using “SEIKO” and “PULSAR” marks on watch boxes in which manufacturer’s genuine timepieces were sold).
- E.C. v. Mut. Benefits Corp., 323 F. Supp. 2d 1337 (S.D. Fla. 2004), aff'd, 408 F.3d 737 (11th Cir. 2005) (denying defendant’s motion to dismiss for lack of subject matter jurisdiction and holding that investments in viatical settlements are covered by the federal securities laws.)
- Goldblatt v. C.P. Motion, Inc., 77 So. 3d 798 (Fla. 3d DCA 2011) (affirming final judgment, in part, as to trial court’s order granting summary judgment on enforceability of restrictive covenants in partnership dispute).