Mitchell W. Mandler

Partner

Mitchell W. Mandler concentrates his practice in complex commercial litigation with an emphasis on business disputes, real estate litigation, business torts, fraud, intra-corporate and partnership disputes. He also represents financial institutions in the areas of loan workouts and the defense of lender liability claims. Mr. Mandler handles legal matters before state and federal courts, administrative agencies, mediators and arbitrators.

Mr. Mandler also serves as a business advisor to his clients. He negotiates contracts and complex settlements with a view towards balancing his client’s business objectives with their legal obligations and potential liabilities under the relevant documents. As examples, Mr. Mandler has negotiated contracts and settlements in China, Taiwan and Korea.

Mr. Mandler is rated “AV – Preeminent” by Martindale-Hubbell Law Directory which is its highest rating based on his areas of experience and endorsement by his colleagues in the areas of processional conduct, ethics and ability.

Prior to joining SMGQ Law, Mr. Mandler was a shareholder at Becker & Poliakoff, P.A., where he served as Vice Chair of the Firm’s Litigation Practice Group.

RESPRESENTATIVE EXPERIENCE

• Defended a seller of a motel who was sued for specific performance of a contract to sell the motel. Jury verdict in favor of client who was also awarded attorney’s fees.
• Defended corporate employer sued for negligent supervision of employee who was alleged to have authority to sign corporate guaranties on behalf of employer. Plaintiff sued for breach of the guaranty agreements and sought $6 million in damages. Very successful outcome for corporate client.
• Represented manufacturer of automotive parts in pursuing and defending claims for breach of contract against some of the largest companies in the automotive industry.
• Successfully defended a bank in jury trial on claims of lender liability brought by the guarantor against the bank resulting in no verdict for the plaintiff and legal fees to the bank.
• Defended local bank in claims by third party that bank was the recipient of a fraudulent transfer of over $6,000,000.00. Case resolved with bank paying no money.
• Negotiated the return of a $2,000,000.00 investment by client in Korean company based upon claim of fraud and breach of fiduciary duty.
• Represented investors in claims that they were victim of a sophisticated Ponzi scheme involving the acquisition of bogus stock purchases.
• Served as outside general counsel for $100,000,000.00 automotive parts manufacturer.
• Represented local developer in the litigation of deposit-receipt cases. Developer retained over $500,000 in deposits as a result of successful defense and related strategy.
• Represented several area lenders in advising on issues against other lenders who were parties to loan participation agreements.
• Recovered over $50,000,000 in assets for lender clients through the loan workout process.

SELECTED AWARDS & PUBLICATIONS/LECTURES

• 2021: “Best Lawyer” in Commercial Litigation, The Best Lawyers in America
• 2019-2020: Member of the Palmetto Bay Charter Revisions Committee
• 2020: Member of the St. Thomas University Law School Advisory Board
• 2018: Panelist for the Litigation Bench & Bar Conference “Efficient and Ethical Resolution of Cases Including use of Experts” sponsored by the Dade County Bar Association.
• 2015: Selected as a “Best Lawyers in South Florida” by local magazine.
• 2015: Panelist at the Florida Bank & Financial Institutions Forum on Real Estate Workouts and Special Assets Executive Conference. Topic: Communications Between Lender and Borrower – Best Practices.
• 2014: Panelist at the Florida Bank & Financial Institutions Forum on Real Estate Workouts and Special Assets Executive Conference. Topic: Available Loan Workout Strategies.
• 2012: Lectured at the Florida Bank & Financial Institutions Forum on Real Estate Workouts and Special Assets Executive Conference. Topic: Available Workout Strategies and Benefits of Receiverships in Loan Workouts.

PROFESSIONAL/CIVIC ACTIVITIES

• Member of the Executive Leadership Team, American Heart Association, HeartWalk Miami, 2013-2016.
• Chairman, Executive Leadership Team, American Heart Association, HeartWalk Miami, 2014.