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Biography
For over 30 years Jorge L. Guerra has stewarded clients through the litigation process, helping them achieve their desired results. Having been a banker before becoming an attorney, Mr. Guerra brings a businessman's perspective to his practice, analyzing litigation risks and providing strategic advice to clients who appreciate his understanding of the consequences of decisions made before and during litigation.
Jorge has represented clients as varied as the Federal Deposit Insurance Corporation and the largest South American distributor of cellphones (Samsung and Nokia). He has represented the Blank family office since 2005, as well as national and regional banks, individual bank officers and directors, South Florida real estate developers, foreign investors and private lenders, large Florida agricultural interests, and small family businesses. Jorge's areas of expertise include banking and insurance-related matters, shareholder and partnership disputes, business torts, breaches of contract, creditors' and debtors' rights, and receiverships. He has also handled professional liability matters on both sides of the aisle, securities claims, disputes over intellectual property rights and antitrust cases.
Beyond his legal training, Jorge has a degree in finance and economics and worked as a commercial lending officer at the largest regional bank in the 1980s. Whether he's formulating and executing winning litigation strategy, negotiating to avoid unfavorable litigation, or providing general business guidance, Jorge's analytical skills and his dogged determination make him a pre-eminent businessman's lawyer.
Jorge has tried cases before juries, judges, domestic and international arbitrators, and administrative agencies. He has numerous million-dollar-plus verdicts and awards and has argued appeals in both state and federal courts across the country. He has been a Director of the Dade County Trial Lawyers' Association and was the first Chairman of its Commercial Litigation Section, where he co-authored the "Operating Statement for Business Court Pilot Program, 11th Judicial Circuit, Dade County, Florida," the first set of operational rules and procedures for an experimental program that, in 2006, became the 11th Circuit's Complex Business Litigation Division. Jorge graduated from the University of Miami (B.B.A. Finance, 1983; J.D. 1986), where he was a member of the Law Review and the Moot Court Board. He was admitted to The Florida Bar in 1986 and is also a member of the Bar of the United States District Court for the Southern District of Florida, the United States Court of Appeals for the Eleventh Circuit, the Miami-Dade and Cuban-American Bar Associations, and the Florida Bar Business Law Section.
Education
- Miami University School of Law
- J.D. – 1986
- University of Miami Law Review
- Book Award: Constitutional Law
- University of Miami Moot Court Board
- Dean’s List
- University of Miami School, Coral Gables, Florida
- B.B.A.
- Major: Business Administration (Finance & Economics)
Bar Admissions
- Florida, 1986
- U.S. Court of Appeals 11th Circuit
- U.S. Court of Appeals 6th Circuit
- U.S. District Court Southern District of Florida
- U.S. District Court Middle District of Florida
Representative Cases
- General counsel to Blank family office and its interests since 2005.
- Prevailed in private arbitration of a dispute over construction billings and distribution of partnership profits arising out of joint venture to develop 300+ acres of South Florida real estate.
- Prevailed in private arbitration over “Earn-Out” dispute in connection with nine-figure purchase of largest national nursery vendor to Home Depot.
- Soler v. Secondary Holdings, Inc., 832 So.2d. 893 (Fla. 3d DCA 2002) – used jurisdictional challenge to arbitral ruling to create plenary review of arbitral legal error.
- General Electric Company v. Latin America Imports, S.A., 187 F. Supp.2d 749 (U.S. D.C., W. D. Ky. 2001) - sustained Sherman Act and restraint of trade claims, extending U.S. antitrust jurisdiction to conspiracy alleged to have had anti-competitive effect exclusively on domestic component of export trade and foreign consumers.
- FDIC v. Stahl, 89 F. 3d 1510 (11th Cir. 1996) – obtained and successfully defended $18.6 million verdict; established controlling law on the interplay between standard of care then-applicable to corporate directors and officers and the protection of the “business judgment” rule.
- Lorie v. Calderon, 772 So.2d 537 (Fla. 3d DCA 1996) - obtained and sustained on appeal emergency injunction in international securities fraud.
- Defended records storage company in class-action; settled case for nominal sum then defeated plaintiffs' attorneys'
- Represented party accused of altering invoices to obtain monies in connection with inventory sale/repurchase option transactions; countersued asserting that transactions were disguised usurious loans; obtained favorable confidential resolution.
- Cargill Inc. v. Sunlight Foods, Inc., 586 So.2d 366 (Fla. 3d DCA 1991) - reversed injunction preventing bank from honoring letters of credit.
- Kelly v. Azar, 568 So.2d 97 (Fla. 3d DCA 1990) - remand of order denying motion to compel arbitration.
- Represented vendor to the Miami-Dade County Public Health Trust. Successfully navigated through the County's Sovereign Immunity defense to obtain favorable settlement.
- Represented numerous garment distributors against different Chinese manufacturers; obtained favorable confidential resolution in every instance.
Professional Associations
- Co-Drafter - "Operating Rules and Procedures for Proposed Business Court Pilot Program"
- 11th Judicial Circuit Court, Miami-Dade County, Fl. (1997); Dade County Trial Lawyers'
- Association - Board member (1996-98); Founding Chair, Commercial Trial Section (1996)
- Florida Bar - Business Law Section; Cuban American Bar Association.
Fraternities or Sororities
- Delta Sigma Pi