Michael Napoleone represents businesses and individuals in significant contract disputes involving shareholder and partnership agreements, noncompetition agreements, trade secrets, and real property purchase and lease agreements. His experience litigating corporate breakups provides a unique perspective on the drafting of corporate formation documents, including shareholder and operating agreements. He also represents high net worth individuals and families in complex estate and trust litigation. Michael believes that the most cost-effective solutions can often be achieved by narrowing the issues and focusing on the client's goals at the outset in an effort to avoid protracted and expensive litigation.
Michael has written on topics such as strategies and considerations for forming a new business, e-discovery and civics education.
Obtained jury returned verdict in favor of the firm's client against client's former employees and their competing business, where jury determined that that the company's client list constituted a protectable trade secret and found defendants liable on all counts and awarded plaintiff damages for the business losses resulting from the defendants' wrongful conduct, even though the former employees were not bound by non-competition or non-solicitation agreements
Obtained multi-million dollar jury award in favor of residential developer client against party who breached right of first refusal in development agreement that gave client the right to acquire the remaining developable land
Obtained seven-figure award following bench trial on former employees' claims against former employer for breach of employment agreements for failure to pay hundreds of thousands of dollars in earned commissions with additional damages including over $1 million in attorney fees and costs to client; representation also included successful defense of counterclaims by former employer for alleged violations of non-compete agreements and theft of trade secrets
Prosecuted claims in arbitration on behalf of subsidiary rights holder against author and producer of national production of off-Broadway musical and negotiated favorable settlement following multi-million dollar arbitration award in favor of client
Represented members of closely-held, family-owned businesses in settlement of shareholder derivative litigation involving allegations of breach of fiduciary duty, usurpation of corporate opportunity, conversion and civil conspiracy
Successfully represented the five adult children of a decedent in defense of a multi-million dollar surcharge action, which was aggressively pursued by the successor personal representative on behalf several financial institutions; negotiated settlement of all claims and obtained releases in favor of all clients and a discharge from the probate court
Represented national fast food franchisor in settlement of federal court litigation with franchisee over claims of fraud, misrepresentation and tortious interference with business relationships
Defended a group of doctors and their medical practices against RICO, fraud and deceptive trade practice claims, asserted by insurance carriers seeking million in damages related to their performance of certain surgical spinal procedures; matter settled to clients satisfaction
Defended businesses and individual family members in multi-jurisdiction litigation involving claims of alleged fraudulent transfers where plaintiffs claimed that clients transferred of millions of dollars in assets to avoid the reach of judgment creditors
Successfully defended a law firm in an investigation by the attorney general in assessing whether fraudulent documentation had been created and filed by the firm in an effort speed up foreclosure processes, where the law firm denied all allegations and successfully quashed the subpoena; upheld on appeal and created new law in the State of Florida as to the power of the attorney general to investigate law firms
Represented condominium association in multi-year litigation against former country club owner arising from club operator's breaches of covenants contained in the Declaration of Condominium; obtained final summary judgment in favor of client and later pursued post-judgment proceedings against successor club owner and obtained final judgment in favor of condominium association resulting in successor club owner conveying millions of dollars in waterfront property to client
Selected to the list of Florida Super Lawyers (Thomson Reuters), Business Litigation and Intellectual Property, 2010-2018
Chosen for inclusion on the list Florida Legal Elite by Florida Trend (Trend Magazines Inc.), 2009-2018
Selected to list of South Florida’s Top Lawyers by the South Florida Legal Guide, 2018
Chosen for inclusion in The Best Lawyers in America (Woodward/White, Inc.), Commercial Litigation and Real Estate Litigation, 2015
Recipient of the Key Partners Award from the South Florida Business Journal (American City Business Journals), 2012
Finalist for the list of "Most Effective Lawyers" in International Law by Daily Business Review (ALM Media Properties, LLC), 2010
Installed as a member of the Florida Blue Key leadership honorary society at the University of Florida, 1992
AV Preeminent rated by Martindale-Hubbell (LexisNexis)
No aspect of these advertisements have been approved by the Supreme Court of New Jersey. See Awards Methodology.
Wellington Village Council, Elected Council Member, 2016-present
Early Learning Coalition of Palm Beach County, Board of Directors, Appointed, 2011; Reappointed by Governor Rick Scott, 2013; Director, 2011 and 2013-2018