THE ART OF

DISPUTE RESOLUTION

Practicing law is an art. As Miami’s vibrant art scene has grown, so has the firm of Reich Rodriguez, P.A. Our attorneys have honed their skills and put their experience, creativity, and technical ability to work resolving our client’s complex disputes.

The world is not black or white, so why would your legal matter be?  Some matters may need a bold and colorful style, while other may require a more muted delicate approach. We approach every case, every business, and every client as an individual and take pride in getting to know the details.  Taking the right tone with adverse parties, opposing counsel, mediators, judges, and arbitrators results in better results for our clients. It may even repair important relationships or build sustainable business associations for the future.

START WITH THE PERFECT COLOR PALETTE

 
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A PAINTBRUSH OR

A CHISEL?

 

No one would try to sculpt marble with a paintbrush or paint a fine portrait with an awl! Choosing the “right tool for the right job” is essential. You need legal counsel with skills you can rely on. We have the right tools in our toolbox to handle all kinds of domestic and international disputes – pre-dispute planning, informal or formal negotiation, mediation, litigation, arbitration, appeals, and more!

UTILIZE BOTH CLASSICAL AND CONTEMPORARY TECHNIQUES

Art was created by the earliest humans. Disputes between people have existed for just as long. And just as art has evolved over time, from Classical to Contemporary, dispute resolution has also evolved. We are “classically trained” litigators, yet we take the best of traditional litigation and merge it with cutting-edge technology and legal skills in multiple disciplines:

 

Art Law Disputes more

Arbitration more

Commercial Litigation more

International Dispute Resolution more

PURSUE NAZI-LOOTED ART IN COURT AND INTERNATIONAL ARBITRATION

  • TASK AT HAND: Recover Portrait of Adele Bloch-Bauer I (better known as The Woman in Gold) by Gustav Klimt on behalf of her descendant from the Austrian government.

  • STAKES: Convince or obligate the Austrian museum, the Österreichische Galerie Belvedere, to return the Nazi-looted art to Holocaust heir or even to acknowledge the theft. 

  • UNIQUE APPROACH:  After a claim for the return of The Woman in Gold before the Austrian art restitution committee failed, Maria Altmann, a descendant of the original owner, filed a civil claim against the Austrian government for the return of the painting.  To avoid prohibitively expensive filing fees in Austria, suit was filed in the US.  Although the Austrian government claimed immunity from suit, it was established that the painting was stolen in violation of international law, that the Austrian government, or its agency, claimed ownership of the painting, and that the painting had been used commercially in the US—specifically in advertisements.  In June 2004 the Supreme Court determined that the painting had been stolen and that Austria was not immune from a claim from Altmann.  To avoid lengthy litigation, the parties then agreed to international arbitration in Austria.

  • OUTCOME: The arbitration tribunal ruled in favor of Maria Altmann, returning ownership of The Woman in Gold to her.  She subsequently sold the painting, which is now permanently displayed in the Neue Galerie in New York City.

ENJOIN ARTWORK PRESUMED STOLEN AND MISSING FROM A POTENTIAL SALE

                                                                                                                                                                          

  • TASK AT HAND: Assist an Academy Award-winning Italian film producer establish his rights to a missing painting by Jean-Michel Basquiat.

 

  • STAKES: As Jean-Michel Basquiat died in 1988 at the age of only 27, each of his limited paintings are of cultural and artistic significance.  The particular painting at issue is worth many millions of dollars.    

 

  • UNIQUE APPROACH:  Our client had lost physical control of the Basquiat painting at issue during his divorce.  Even though he did not physically have the painting, various entities and trusted advisors tried to take advantage of him to gain title to the painting.  We intervened in a California federal case concerning, among other things, the title and value of the painting at issue.  We harmonized our response with a number of other actors involved in the pending California litigation to ensure that our client’s interests were adequately preserved.  We also discussed and coordinated our actions in an overall litigation strategy involving attorneys in Europe.

  • OUTCOME:  We preserved the issue of our client’s rights to the painting when its current location is discovered.

DEFEND AN INTERNATIONAL HOTEL CHAIN FROM A "CYBERSQUATTER" POSING AS THE HOTEL CHAIN ON-LINE

 

  • TASK AT HAND: Help an international hotel chain bring down websites that mimicked the hotel chain’s websites to divert and confuse potential customers.

 

  • STAKES: The hotel chain’s reputation and international business model was threatened by a “cybersquatter” posing as them online.  Including the client’s marketing investment, the potential damages ranged in the millions.  The potential damage to the hotel brand could have been even higher.

 

  • UNIQUE APPROACH:  Leading a team of internet and trademark experts, we brought suit in federal court under the Anti-Cybersquatting Consumer Protection Act to protect our client’s websites and marketing investment.  Because the damage to our client increased every day, we needed to bring down the websites imitating our client as quickly as possible.  We sought an immediate temporary injunction requiring, among other things, the redirecting of internet traffic from the offending websites to our client’s the legitimate websites.  Although such redirection is relatively simple for those with experience, the defendants attempted to argue that it was a complicated process, necessitating explanation and demonstration of the process to convince the court of the correctness of the course of action we proposed.

 

  • OUTCOME:  We obtained the injunction we sought on behalf of our client and the fraudulent websites were either suspended or rerouted to our client’s legitimate Internet addresses.

REPRESENT A NATIONAL TELECOMMUNICATIONS COMPANY AGAINST COMPLEX CLAIMS

 

  • TASK AT HAND: Enforce an arbitration clause in a subscriber agreement to move the action to the agreed-upon forum for dispute resolution.

 

  • STAKES: Plaintiff brought suit in federal court where she wanted to pursue action regardless of the subscriber agreement’s arbitration clause.  Accordingly, the Plaintiff challenged key provisions in the subscriber agreement as unenforceable, or at least, inapplicable in the particular action.

 

  • UNIQUE APPROACH:  With our specialized knowledge of arbitration law and experience defending arbitration agreements, we prepared for a trial as required under the Federal Arbitration Act.  We deployed recent case law as well as long-standing precedent applicable to this client, and cross-examined the Plaintiff effectively at trial.   

 

  • OUTCOME:  The Court entered an extremely favorable order, not only compelling arbitration but also reaffirming the validity of the terms of the subscriber agreement.

DEFEND A FORTUNE 50 COMPANY IN MULTIPLE INDIVIDUAL LAWSUITS DESIGNED TO AVOID CLASS-ACTION WAIVER

 

  • TASK AT HAND:  Defeat multiple individual lawsuits on the same issue designed to avoid a class action waiver contained withing a customer service agreement.

 

  • STAKES:  While any one of these actions would merely have been a nuisance, 20+ actions on the same issue by the same lawyer or team of lawyers constitutes a business risk and an attempt to avoid one of the terms of the customer service agreement, which must be defended.

 

  • UNIQUE APPROACH:  While the key legal issue in each action was the same, the facts of each individual Plaintiff’s case was unique.  Although the lawyers bringing the actions wanted to treat all the cases as if they were the same, we recognized that the differences among the cases were key to a successful resolution.  Our team examined each case to determine which cases could be resolved through negotiation and which would require aggressive defense.  

 

  • OUTCOME:  From the time they were filed to the time of trial, we defeated cases individually and in small groups until all cases were successfully resolved. 

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MAKE YOUR IMPRESSION

 

Great art has something to say – a perspective, message, or deeper meaning.  You have something to say too. You and your interests have a purpose that can either be promoted or hindered through dispute resolution. We want to understand your goals so that we can help you achieve them.  Unsurprisingly, “winning” may look different to every client. Some clients want traditional winner-take-all courtroom litigation; others are more interested in ending uncertainty, maintaining their privacy, or a speedy, cost-efficient resolution.  Your goals will become our goals. We will listen to what you have to say and, with your input, help develop a winning strategy.

LET'S TALK AND SEE IF WE CAN BE OF ASSISTANCE

 
 
 
Drop Us a Line

RESULTS

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Reich Rodriguez, P.A.

1801 NE 123rd St.

Suite 314

North Miami, FL 33181

P. 786.420.6235

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