Marcos Daniel Jiménez

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Mr. Jiménez regularly represents Fortune 500 companies and well-known individuals in complex business litigation and white collar matters. His accomplishments include the recovery of more than $100 million in a complex fraud case for a French government instrumentality in charge of realizing the assets of a failed bank, and the defeat of a putative derivative action seeking a $1.6 billion distribution to the policyholders of Florida’s largest health insurance company.

Mr. Jiménez graduated in the top one percent of his University of Miami School of Law class, served as an associate editor of the University of Miami Law Review, and is a member of Iron Arrow, the University’s highest honor.

Mr. Jiménez is fluent in Spanish and often represents Spanish-speaking clients from around the world.

Community Involvement

Mr. Jiménez is an active community and bar leader. He previously served on the board of Baptist Health Systems, South Florida’s largest healthcare organization. He is proud to have received the Florida Supreme Court’s Pro Bono Association Award on behalf of the attorneys representing the Cuban refugees detained at Guantánamo Naval Station during the 1994 Cuban rafter exodus. The American Lawyer profiled his work on the case.

Representations

Civil Litigation

Lead trial and appellate counsel for a major wireless carrier in federal RICO and tort action against a prominent marketing company and its affiliates. Obtained a hard-fought preliminary injunction and defeated the injunction on the company’s appeal to the Ninth Circuit.

Lead trial and appellate counsel for the French government-owned corporation in actions against real estate developers who used “Panama Papers” methods to defraud a failed French bank; returned more than $100 million to the client; twice recognized by the Daily Business Review as a “Most Effective Lawyer” and “Top Dealmaker” for efforts in the representation.

Lead trial counsel in successful defense of purported derivative action seeking to block the reorganization of Florida’s largest health insurance company into a mutual insurance holding company and to transfer $1.6 billion to the company’s policyholders.

Lead trial counsel defending federal putative class actions challenging a health insurer’s reimbursement policy for Harvoni, a groundbreaking treatment of Hep C; secured rare early dismissal with prejudice of breach of contract and RICO claims in a decision of first impression.

Lead trial counsel for a major wireless carrier in a rare defeat of a deceptive trade practices action brought by the Florida Attorney General; recognized in The National Law Journal’s annual “Winning” issue for his trial win in the case.

Lead trial counsel for the international performing artist known as Pitbull in a right-of-publicity lawsuit brought by actress Lindsay Lohan; removed New York action to federal court and secured dismissal with prejudice.

Lead trial counsel for a health insurance company in successfully defeating class certification in a decade-long case involving Florida’s prompt-pay statutes; obtained partial summary judgment leading to favorable settlement.

Lead counsel for investors in Delaware Chancery Court action to prevent dilution of their holdings; obtained preliminary injunction against the defendant company and prevailed in the subsequent trial.

Lead counsel for national oil company and its affiliates in Terrorism Risk Insurance Act (TRIA) cases seeking attachment of bank accounts.

Lead counsel for a business executive and three other U.S. citizens in successful defense of defamation and hacking action brought by Qatar-based news anchor for Al-Jazeera.

Co-counsel for Fortune 100 corporation in federal court action brought by a Brazilian company for the catastrophic failure of 144 generators.

Co-counsel for then-Gov. George W. Bush and his campaign in the historic Bush v. Gore election cases.

Co-counsel for three Florida government agencies in a federal trial spanning more than 90 days involving Medicaid reimbursement rates for pediatricians and pediatric dentists.

Co-counsel for the prime minister and finance minister of Dubai in defense of Alien Tort Statute claims.

Lead trial counsel for The Coca-Cola Company in securing dismissal of Alien Tort Statute claims relating to the murders of bottling plant workers in Colombia.

White-Collar Defense and Investigations

Lead counsel for financial institution in federal grand jury investigation relating to compliance with Bank Secrecy Act and Anti-Money Laundering laws.

Lead counsel for an Ecuadorian businessman in a significant Foreign Corrupt Practices Act prosecution involving alleged bribes to secure contracts with PetroEcuador, the national oil company. Obtained a rare sentence of probation for the client in a South Florida FCPA case.

Lead counsel for a former Panamanian president in extradition sought for alleged surveillance and wiretapping while in office.

Lead counsel for a well-known former politician in prosecution for failure to file federal income tax returns. Obtained sentence of probation.

Co-counsel for high-profile college basketball coach in connection with a federal grand jury investigation of alleged payments to high school recruits.

Defense of national celebrity in a state investigation of alleged voting law violations.

Defense of a state judge in an investigation related to alleged campaign violations.

Defense of a European national in a significant federal intellectual property prosecution for unauthorized recordings of live musical performances.

Obtained pre-trial diversion for a European business executive for alleged interference with an airline flight crew.

Defense of European business owner in federal investigation of exports in violation of OFAC regulations.

FCPA internal investigation for Fortune 500 company involving Latin American operations.

Lead disputes counsel and trusted advisor to the nation’s largest charter school service organization, including defeat of a well-publicized bet-the-company effort by a school district that sought to stunt the organization’s growth.

Internal investigation related to accounting fraud for major leisure industry client.

Internal investigation related to Am Law 100 firm partner’s alleged involvement in fraud and money laundering.

Internal investigations for various health care providers regarding the Anti-Kickback Statute, Stark Law, and related issues.

Internal investigation for HMO relating to its chief executive’s conduct.

Practice Areas

Commercial Litigation

Banking & Financial Services

Securities Litigation and Regulation

Appellate

International Dispute Resolution

Internal & Government Investigations

Honors & Awards

Chambers USA, Commercial Litigation, White-Collar Crime & Government Investigations in Florida

Super Lawyers® by Thomson Reuters, Top-Rated Business Litigation Attorney, 2007 - Present

The Best Lawyers in America©, Commercial Litigation & White-Collar Criminal Defense, 2011 - Present

Who’s Who Legal, Litigation, 2017 - Present

Who’s Who Legal, Business Crime Defense, 2017 - Present

The National Law Journal, Winning Issue Profile, 2011

Hispanic Business Magazine, Top 100 Most Influential Hispanics, 2002

Daily Business Review, Most Effective Lawyers

United States Coast Guard, Distinguished Public Service Award

Court Admissions

Florida

New York

Illinois

U.S. District Courts for the Southern, Middle, and Northern Districts of Florida

U.S. District Courts for the Southern District of Texas

U.S. Courts of Appeals for the First, Second, Ninth and Eleventh Circuits

U.S. Supreme Court

Education

J.D., University of Miami School of Law, magna cum laude, 1983

B.A., University of Miami, magna cum laude, 1980

Languages

English, Spanish