Humberto Ocariz has broad experience in both state and federal court litigation. He has first-chaired numerous trials and handled all aspects of litigation, including complex commercial litigation, product liability, contractual disputes, fraud and other business torts, intellectual property cases (trademark, trade secrets and patent-related claims), securities claims, legal malpractice, distributorship terminations, and international disputes and arbitrations. He has also worked closely with foreign counsel in connection with foreign matters. Mr. Ocariz was selected to serve as an arbitrator for the International Chamber of Commerce International Court of Arbitration.
He is an AV-rated attorney who has first-chaired numerous trials and handled all aspects of litigation, including complex commercial litigation, product liability, contractual disputes, fraud and other business torts, intellectual property cases (trademark and trade secrets), securities claims, legal malpractice, distributorship terminations, international disputes and arbitrations.
Representing investors in several bilateral investment treaty disputes regarding seized hotel properties.
Representing American Airlines in RICO/FDUPTA class action.
Representing publicly traded medical device company in contract dispute with supplier.
Representing publicly traded funeral service company in litigation over operation of several cemeteries.
Representing American Airlines in class action involving operation of its website aa.com.
Representing fiber optic cable company concerning title to land and easements where cable installed.
Representing European investors in multimillion-dollar fraud claim.
Representing exclusive distributor in arbitration with manufacturer.
Representing Walmart in employee class action.
Representing various clients in arbitration before AAA, NASD and private arbitrations.
Serving as an arbitrator with the International Court of Arbitration.
Representing American Airlines in $60 million trademark dispute
Representing DuPont in multimillion-dollar product liability class action.
Representing Motorola in a multibillion-dollar trade secrets/patent claim.
Representing Boeing in an air crash case.
Representing The Doctors’ Company in a $20 million legal malpractice action.
Representing National Life Insurance Company of Vermont in $50 million ERISA class action regarding design and administration of pension plan.
Representing Ace Insurance on behalf of various insureds in product liability and high-exposure matters.
Represented MAN Engine in $50 million termination of distributor case.
Representing local school board in construction litigation and lien matters.
Representing foreign business person in dispute seeking to invalidate transfer of $25 million into a foreign trust.
Representing leading art dealer in a $20 million claim against a cruise line.
Representing business person in supplementary proceedings to collect $30 million in judgments where assets being concealed and moved offshore.
Representing developer in $75 million foreclosure/lender liability litigation.
Representing city government in $15 million accounting malpractice claim.
Representing food company in $25 million lease dispute.
Representing Nortel Networks in $10 million termination of distributor case.
Representing buyers of Fred Astaire Dance Studios in multiple seven-figure securities claims against sellers.
Representing mortgage lender in seven-figure claim by Dept. of Housing & Development.
Representing foreign distributor in seven-figure claim against U.S. chemical manufacturer.
Representing wife of NBA superstar seeking to invalidate prenuptial agreement.
Representing Miami governmental agency in constitutional challenge to ballot language.
Representing various cities in Florida in multimillion-dollar claims against brokers for sale of derivative securities.
Notable Published Appellate Decisions
De Abreu v. Fernandez, 2017 WL 6506432 (Fla. 3d DCA 2017) (affirming dismissal with prejudice of seven-figure claim against client)
Antar v. Seamiles, LLC, 994 So.2d 439 (Fla. 3d DCA 2008) (successfully reversing trial court judgment refusing to enforce agreement)
Braswell v. Henkel, 160 Fed. Appx. 828 (11th Cir. 2005) (successfully obtaining affirmance of district court dismissal of § 1983 claim under Rooker-Feldman doctrine)
Abele v. Sawyer, 750 So.2d 70 (Fla. 4th DCA 1999) (successfully reversing trial court’s dismissal of lawsuit)
Land O'Sun Realty Ltd. v. REWJB Gas Investments, 685 So.2d 870 (Fla. 3d DCA 1996) (successfully affirming jury verdict in lease dispute)
De Soto v. Guardianship of De Soto, 664 So.2d 66 (Fla. 3d DCA 1995) (successfully reversing trial court judgment regarding distribution of funds)
Publications and Presentations
Preserving Privileges, Defense Research Institute, Women in Law Conference (Author and Speaker, February 2, 2018).
Everybody Talks: Managing Trade Secrets to Build and Protect Your Business, South Florida Association of Corporate Counsel 7th Annual CLE Conference (Panelist, September 30, 2016).
Privileges, Physicians Insurers Association of America Conference (Author and Speaker, October 23, 2015).
Sequestration of Witnesses: Invoking the Rule and Sanctions for Violations, The Florida Bar Annual Topics in Evidence Conference (Author and Presenter, March 2010).
Through the Looking Glass: Diversity and Cross-Cultural Sensitivity in International Business and Law (Panelist, Minority Counsel Conference, Wilmington, Delaware, June 26, 2008).
Getting Out of Dodge: Litigating Jurisdiction and Forum Non Conveniens (Presenter, Miami, Florida, February 20, 2008).
Lawyers Discover Managed Care (Presenter, Southeastern Actuaries Conference, Palm Beach, Florida, June 16, 2000).
Co-Author, Practical Implications of I.N.S. v. Cardoza-Fonseca: Evidencing Eligibility for Asylum Under the Well-Founded Fear of Persecution Standard, 19 U. Miami Inter-Am. L. Rev. (1998).