Business Practice

Ehrenstein|Sager has a broad business practice, skillfully representing clients in all manner of disputes. Notwithstanding its wide-ranging experience, the firm possesses concentrated knowledge within the following select industries and practice areas.

AEROSPACE

Shortly after the Wright brothers’ first flight, Miami Beach boasted one of the world’s first flight schools. South Florida’s proud aviation history, with flying boats, the first commercial terminal, and headquarters for several airlines, serves as the foundation for the continued robust development of its aerospace industry, which today accounts for billions in goods and services. Miami International Airport alone generates over $33 billion in business revenue, handling more international freight than any other airport in the United States, and serving 44 million passengers per year.

Not surprisingly, business disputes erupt in South Florida’s (and indeed the nation’s) ever-expanding aerospace industry. Ehrenstein|Sager has the industry knowledge to effectively and strategically represent aerospace stakeholders in the prosecution or defense of these legal disputes.

From original equipment manufacturers to manufacturers operating under parts manufacturing authority, from landing gear to engines, and air frames to avionics, Ehrenstein|Sager attorneys have successfully litigated, arbitrated, and tried all manner of disputes arising within the aerospace industry. For example:

  • When the largest logistics suppliers of overhauled engines faced claims by a national airline for breach of warranties and fraud in the sale of several 747 engines, we asserted counterclaims for the engine supplier and resolved the case with the airline paying the supplier $8 million—100% of the amount due, plus legal fees.
  • For a major supplier of military equipment, we obtained an extraordinary preliminary mandatory injunction, requiring a foreign maintenance and repair facility to deliver landing gear for a P-3 Orion sub-hunter that was critical to the national security of a US ally. The injunction not only ensured the foreign government’s capability to defend its territorial water from hostile submarine activity, it also permitted our client to deliver and be paid for the gear it promised.

We know the aerospace industry and its complex and varied legal problems. If your aerospace company is confronting legal challenges, you need Ehrenstein|Sager’s counsel.

HEALTHCARE

South Florida is home to an enormous and vibrant healthcare ecosystem– including medical schools, research institutes, biotech companies, imaging centers, ambulatory surgery centers, physician practice groups and hospitals. Healthcare business can be extremely lucrative, and as a result this industry foments a high degree of competition and conflict. When that occurs, clients hire Ehrenstein|Sager because we have the industry knowledge and experience to effectively and strategically represent health care industry stakeholders in the prosecution or defense of these legal disputes.

For example:

  • A private equity group purchased and then sold a series of imaging centers. Unfortunately, the transactions spawned multiple inter-related lawsuits between purchasers and sellers, based on claims centered on anti-kickback and Stark law violations.
  • In addition, the Department of Justice initiated a qui tam proceeding based on a whistle blower’s disclosure of these alleged violations. Our private equity client faced exposure in excess of $70 million. Though the private equity group was literally “in the middle” of the transactions at issue, we deftly defended placing 100% of culpability on the original seller and the subsequent purchaser—eliminating all of the private equity group’s legal exposure.
  • A public company in the business of owning and managing ambulatory surgery centers (ASC) acquired multiple ambulatory surgery facilities. Unfortunately, the sellers duped the purchaser into buying based on fraudulent representations concerning the financial performance of the centers, and further breached their subsequent obligations to work with and not compete against the ASC. We sued the Sellers, and obtained complete relief for the public company, including damages and injunctions against future competition.

We know how to litigate and try healthcare industry issues. If your healthcare business is facing legal challenges, you need Ehrenstein|Sager’s counsel.

INTERNATIONAL LITIGATION AND ARBITRATION

South Florida’s unique geographic and cultural position makes it a truly international city. Miami boasts an incredibly diverse and growing population from around the world. Supported by efficient convenient transportation infrastructure through its ports, Miami flourishes as a hotbed of international commerce for all manner of goods and services. As Miami’s international prominence continues its meteoric growth, clashing business interests inevitably require representation by sophisticated lawyers with refined judgment in the international context. Supported by its membership in Abacus Worldwide, a global network of attorneys and accountants, Ehrenstein|Sager has the sophistication and judgment to effectively represent clients in the international arena.

For example:

  • The Republic of Angola was sued in federal court for alleged non-payment of $52 Million due under power generation and service agreements. The Plaintiff aggressively attempted to leverage an early and unfavorable resolution by threatening Angola with a prejudgment writs against local assets. Angola hired Ehrenstein|Sager to defend. We obtained critical local knowledge and support in Luanda from Abacus members, providing better geographic coverage and deeper local insight than traditional large law firms. We quickly martialed defenses based on the Foreign Sovereign Immunities Act and contract terms requiring arbitration of disputes. Based on these defenses, the Plaintiff conceded and voluntarily dismissed its lawsuit.
  • The majority owners of a privatized national cement business in the Dominican Republic tried to squeeze the minority shareholder out of ownership and management. We represented the minority shareholder in litigation (including multiple appeals) across multiple jurisdictions, including the Dominican Republic, Switzerland, Spain, and Panama, as well as international arbitration in which the minority shareholder ultimately prevailed. ​

We know how to litigate, try or arbitrate international disputes. If your business is facing international legal challenges, you need Ehrenstein|Sager’s counsel.

REAL ESTATE AND CONSTRUCTION

South Florida’s boom and bust real estate and construction markets are breeding grounds for disputes. Strong growth and big returns can signal increased volatility and higher risk. Secure deals can crumble as allegiances and opportunities shift to stay ahead of market turbulence. Projects can stall for lack of skilled workers or lack of capital. And disputes can arise, over quality and performance, over engineering and design, over disagreements between co-owners, financing obstacles, entitlements, and more.

When differences in real estate and construction evolve into lawsuits, industry players seek out Ehrenstein|Sager to protect their interests.

We advocate and try cases for businesses and individuals in this sector—from brokers to sellers or purchasers, owners to lenders, design professionals to developers, and contractors to material-men

Our martial arts approach to litigation—aggressive pre-trial preparation to identify and evaluate every option available to our clients, and thoughtful agility to adapt our strategy in response to weakness and strengths our opponents reveal over the course of the trial— helps our clients achieve their objectives. For example:

  • We represented a general contractor in an action against a municipality and its surety for wrongful termination of an agreement to build City Hall, resolving the case in favor of the contractor with payment from the municipality and its surety.
  • We co-represented a broker in a joint venture dispute concerning the broker’s financial interest in an urban assemblage. The case involved complex damage models and valuation of ownership of the venture. We argued the valuation issues and assisted in obtaining a favorable outcome for our client.
  • We represented a condominium association against its architect and engineers for windstorm damages. Our client sought damages only for costs of rebuilding and replacing pipes bringing water to rooftop air conditioning chillers. The case settled when a wind load analysis established that building sway during the windstorm caused the pipe damage.

With more than 30 years of experience fighting for the rights of their real estate and construction clients, the lawyers at Ehrenstein|Sager are well positioned to help you meet and overcome legal challenges in this sector.

BUSINESS TRANSACTIONS

South Florida is a major center for finance, commerce, and international trade. Miami’s Brickell Avenue has the largest concentration of international banks in the U.S. At Ehrenstein Sager, we understand the region’s commercial landscape and guide our clients through their transactional matters.

We counsel individuals, entrepreneurs, and organizations on the legal issues generated by their business dealings, with areas of focus including contract drafting, real estate acquisitions, and intellectual property matters. Amongst the transactional services we provide are:

  • creation and formation of legal entities;
  • drafting and negotiating contracts; commercial leases, and purchase agreements;
  • advising on general governance, commercial, and compliance matters;
  • designing personnel policies, employment contracts, NDA and non-compete agreements
  • guidance on real estate transactions; and
  • drafting and negotiating agreements with financial institutions including loans and lines of credit.

We understand commercial transactions. If you need assistance with your business dealings, from negotiations to closings, you need Ehrenstein|Sager’s counsel.

TRANSPORTATION AND LOGISTICS

As one of the most densely populated urbanized areas in the United States, Florida has robust transportation needs and is home to a complex network of public and private transportation systems including roadways, air, rail, sea, spaceports, bus transit, and bicycle and pedestrian facilities. Public agencies and private parties operate in the South Florida transportation matrix within the framework of federal, state and local laws that govern the various modes of transit and the infrastructure on which they depend.

Ehrenstein|Sager has the knowledge and experience to assist clients in navigating issues involving practically all forms of transportation. Our lawyers are skilled in both the transactional and litigation aspects of transportation law. We regularly advocate for clients in complex commercial disputes arising in the transportation field, and we routinely provide counsel for clients negotiating agreements in the transportation domain. Ehrenstein|Sager has the expertise to add value and provide effective counsel to clients in transportation law matters involving:

  • Contract Drafting and Review
  • Logistics and Multimodal Agreements
  • Utility Relocation Agreements
  • Rail Agreements
  • Service Contracts
  • Transportation Professional Services Agreements
  • Transportation Construction Agreements
  • Transportation Liability
  • Transportation Litigation

We know the transportation industry. If your business faces transportation related legal opportunities or challenges, you need Ehrenstein|Sager’s counsel.