Richard D. Shane

Areas of Practice

• Commercial Litigation
• Construction Litigation

• Real Estate Litigation

• Appeals

Representative Matters

• Represented SKF USA Inc., the U.S. subsidiary of SKF Group, a world leader in rolling bearings and related technologies, in a suit involving alleged construction defect, delay, and indemnification claims.

• Represented 1000 Brickell, Ltd. in a lawsuit against the City of Miami and two appeals involving ownership of and use rights pertaining to “Allen Morris Park” located in the Brickell area of Miami.

• Represented Lennar Homes, LLC in a lawsuit involving alleged construction defects in a gated community of 520 homes in Parkland, Florida.

• Represented ATC Sitios del Perú S.R.L, a subsidiary of American Tower Corporation, in an arbitration before the American Arbitration Association International Centre for Dispute Resolution involving a dispute pertaining to the development and use of telecommunications towers and related components in Perú.

• Represented GoBrands, Inc., d/b/a GoPuff, which operates micro-fulfillment centers and provides delivery services for household goods and essentials, in a suit involving alleged breaches and improper termination of a maintenance service agreement.

• Represented Express Management Holdings FL, LLC, an authorized T-Mobile retailer and operator of multiple stores, in a suit involving alleged breaches of an asset purchase agreement.

• Represented StoneMor Florida Subsidiary LLC in a suit filed by Pershing Industries, Inc. seeking to enforce a contractual right of first refusal to purchase one of StoneMor’s funeral homes that is adjacent to a cemetery owned by Pershing. StoneMor prevailed on a motion for summary judgment at the trial court, which the Third District Court of Appeal affirmed. Pershing Indus., Inc. v. StoneMor Fla. Subsidiary, LLC, 335 So. 3d 1071 (Fla. 3d DCA 2023).

• Represented Fanjul Corporation, one of the largest sugar companies in the world, in obtaining a complete dismissal on the merits in a case brought by plaintiffs who alleged that they had been unlawfully evicted by a subsidiary of Fanjul in the Dominican Republic.

• Represented Christ Church United Methodist, Inc. in a suit involving claims pertaining to a proposed sale and lease of its property in Pompano Beach, Florida.

• Represented the purchaser of a 45-foot yacht in a suit against Ferretti Group of America, LLC involving breach of contract and fraud claims.

• Represented one of the largest Managing General Agents in the United States, Atlas General Holdings, LLC, and its President, CEO, and majority owner, William Trzos, in a suit involving fraud and breach of fiduciary duty claims.

• Represented the landlord of CityPlace Doral, a shopping center in the City of Doral Florida, in multiple eviction actions and various disputes with tenants.

• Represented a lender in the foreclosure of a waterfront hotel in Tampa, Florida.

• Represented an investor in a technology start-up in a pre-suit settlement involving the return of an initial investment.

• Represented Wayfair LLC, the tenant of a commercial property in Duval County, Florida, in an eviction action.

• Represented the landlord of two commercial properties in Flagler County, Florida, in an eviction action against two tenants and several guarantors.

• Represented the tenant, an affiliate of Empire Beauty School, Inc., in settlement of a commercial eviction suit.

• Represented the developer of the Trump Hollywood Condominium in Hollywood, Florida, in a multi-million dollar construction defect lawsuit concerning the building’s design and construction, and involving several contractors (including Coastal Construction of South Florida, Inc., R.C. Aluminum Industries Inc., Rodel Fire Protection Systems, Inc., and Titon Builders, Inc.), national material suppliers (including Allied Tube & Conduit Corporation, The Viking Corporation, Lubrizol Advanced Material, Inc. f/k/a Noveon, Inc., and Nibco, Inc.), and design professionals.

• Represented the developer of a luxury oceanfront Florida condominium in a construction defect lawsuit involving a 9,000 square foot residence.

• Represented the purchaser of a commercial property in the City of Doral, Florida, in a dispute pertaining to the return of a substantial deposit.

• Represented the owners of a car dealership in Key West, Florida, in a suit involving alleged breaches of an asset purchase agreement.

• Represented the owner of a shopping center located in Miami Gardens, Florida, and its guarantors in a foreclosure action.

• Obtained full summary judgment on behalf of a plaintiff in Miami-Dade County Circuit Court against the seller of a high-priced condominium unit near Miami Beach for non-disclosure of unpermitted work that ended up being defective. The trial court ruled in favor of the client on all counts of the complaint and found the client entitled to recover fees and costs. The Third District Court of Appeal affirmed the trial court's orders. Criscito v. Herbits, Case No. 3D17-2005, Court of Appeal of Florida, Third District (Opinion filed May 23, 2018).

• Represented the purchaser of a luxury condominium unit in Miami Beach in a suit against the seller for non-disclosure of unpermitted and defective work, obtaining full summary judgment and entitlement to recover fees and costs. The Third District Court of Appeal affirmed. Criscito v. Herbits, 246 So. 3d 1239 (Fla. 3d DCA 2018).

• Represented the general contractor, Monadnock Construction, Inc., developer, The Related Companies, Inc., and several other defendants in four related lawsuits involving the development of two high-rise, affordable housing apartment buildings in Queens, New York. Glasswall, LLC v. Monadnock Construction, Inc., et al., 187 So. 3d 248 (Fla. 3d DCA 2016).

• Represented the general contractor in a dispute with the owner of a boutique, mixed-use project located in the Design District in Miami, Florida.

• Represented the owner of a waterfront residence in Miami Beach in a construction defect lawsuit involving claims by a subcontractor and general contractor completing work at a luxury residence.

• Represented the lender and special servicer in the foreclosure of and bankruptcy proceedings involving the Sagamore Hotel, an iconic boutique hotel of historical significance located in the Art Deco District of Miami Beach.

• Represented LNR Partners, LLC, a major commercial loan servicer, in multi-million dollar commercial foreclosure matters.

• Represented a prominent developer in a lawsuit against a joint venture partner.

• Worked on the trial team defending a Miami Heat star player in a dispute involving multiple business ventures and claims for breach of contract, breach of fiduciary duty, and trademark infringement.

Admissions

• Florida
• Supreme Court of the United States
• U.S. Court of Appeals for the Eleventh Circuit
• U.S. District Court for the Southern District of Florida
• U.S. District Court for the Middle District of Florida

Education

• University of Florida Levin College of Law, J.D., cum laude, 2009
  - Notes and Comments Editor, Florida Law Review
  - Teaching Assistant, Legal Research & Writing
• University of Florida, B.S. (Business Management), B.A. (Criminology), cum laude, 2006
  - Member, Florida Blue Key
  - Member, Florida Cicerones
  - UF Outstanding Undergraduate Leader Award, Honorable Mention

Experience

• Duane Morris LLP
  - Partner, 2022-present
  - Associate, 2015-2021
• U.S. District Court for the Southern District of Florida
  - Law Clerk to the Hon. Edwin G. Torres, 2013-2015
• Bilzin Sumberg Baena Price & Axelrod LLP
  - Associate, 2010-2013

• Third District Court of Appeal, State of Florida
  - Judicial Intern to the Hon. Leslie B. Rothenberg, May 2007-July 2007

Professional Activities

• Florida Bar 11th Judicial Circuit Grievance Committee “P”
  -Member, 2022-present 
• Board of Directors, United Way Miami
  - Board Member, 2023-present
• Board of Directors, Dade County Bar Association
  - Board Member, 2021-2022
  - Vice-Chair, Professionalism Committee, 2021-2022

• Board of Directors, Dade County Bar Association Young Lawyer's Section
  - Board Member, 2017-2018
  - Executive Board Member, 2018-2019
  - Treasurer, 2019-2020
  - Secretary, 2020-2021

Honors and Awards

• Named to the Miami Dade Bar Young Lawyer Section’s “40 under 40” in 2023
• Named to Best Lawyers "Ones to Watch," 2021-2025

• Named as "40 Under 40 Outstanding Lawyers of South Florida 2019" by the Cystic Fibrosis Foundation

• Listed in Legal Elite Up & Comers by Florida Trend, 2019

• Listed in Miami Super Lawyers and Super Lawyers Rising Stars

Civic and Charitable Activities

• Member, United Way of Miami-Dade Young Leaders

• Greater Miami Jewish Federation
  - Member of the Host Committee, 35th Annual Judicial Reception

• Anti-Defamation League Florida
  - Member of the Host Committee, ADL 2018 and 2019 Miami Jurisprudence Award Luncheon

Selected Publications

• Co-author, "Construction Laws and Customs: Florida," Practical Law Real Estate, May 11, 2020
• Co-author, "Florida Court: Lawyers And Judges Should Not Be Facebook Friends," New Miami Blog, September 12, 2012
• Note, "Teachers as Sexual Harassment Victims: The Inequitable Protections of Title VII in Public Schools," 61 Florida Law Review 355, 2009

Selected Speaking Engagements

• Moderator, "#GetSocial with @DCBAYLS: Redefining Happiness & Success as a Young Lawyer Using Social Media," The Florida Bar Annual Meeting, Technology Symposium Powered by LegalFuel, Webinar, June 9, 2021
• Moderator, "#GetSocial with @DCBAYLS: Redefining Happiness & Success as a Young Lawyer Using Social Media," Dade County Bar Association Young Lawyers Section, Webinar, March 31, 2021

• Panelist, “Great Results,” Duane Morris Trial Practice Group Meeting, Boca Raton, FL, October 19, 2019

• Presenter, “Possession, Custody, or Control Under Fed. R. Civ. P. 34: Implications of Interpretation,” Miami, Florida, April 12, 2019

• Panelist, "Doing It All," Duane Morris Trial Practice Group Meeting, Boca Raton, FL, October 22, 2016