Manuel A Garcia Linares
USA Guide 2024
Band 2 : Litigation: General Commercial
Email address
[email protected]Contact number
(305) 373-4021Share profile
Band 2
About
Provided by Manuel A Garcia Linares
Practice Areas
For clients facing complex business disputes, Manuel "Manny" Garcia-Linares, Chair of the firm’s Litigation department, is a trusted advisor and proven litigator. He helps clients navigate complex commercial and business litigation matters, defends officers and directors from liability claims, and resolves real estate and professional malpractice, legal and accounting, disputes. Manny also has extensive experience litigating class action matters.
Manny fosters a collaborative approach, working seamlessly with colleagues across the firm's family office, corporate, transactional, and estate planning practices, to deliver comprehensive legal solutions. He advises fiduciaries and ultra- and high net worth individuals in probate and trust disputes, as well as developers and property owners in complex commercial real estate litigation matters.
Manny is a licensed Certified Public Accountant in the State of Florida. He incorporates financial acumen into his legal strategies, ultimately benefiting his clients' cases. Manny has lectured and written articles on accounting malpractice and document retention policies.
Beyond the courtroom, Manny demonstrates strong leadership within the firm, holding several leadership roles. In addition to being Chair of the Litigation department, he serves on the firm's Executive Board and is the Managing Partner of the Florida offices in Miami, Boca Raton and West Palm Beach. Manny is also deeply committed to promoting diversity in the firm and legal profession, co-chairing the Day Pitney Diverse Attorneys Network.
Manny was a judicial intern to the Honorable George Arceneaux, Jr., for the U.S. District Court for the Eastern District of Louisiana, and a law clerk to the Honorable Juan Ramirez, Jr., at the Eleventh Judicial Circuit in Miami, Florida.
Admitted in these jurisdictions and courts:
- State of Florida
- U.S. District Court, Southern District of Florida
- U.S. District Court, Middle District of Florida
- U.S. Court of Appeals for the Eleventh Circuit
Professional Memberships
American Bar Association
Cuban American Bar Association, Past President
Cuban American Bar Foundation, Past President, Board Member
Miami-Dade County Bar Association
Florida Institute of Certified Public Accountants
Cuban American Certified Public Accountants Association, Past President
Publications
Co-author, "Beyond Salary: Considerations for Law Students Selecting Their First Law Firm," Daily Business Review, September 6, 2024
Co-author, "COVID-19 Impact on Florida Real Estate – Limited Extension of Mortgage Foreclosure and Eviction Relief Until September 1, 2020," Day Pitney Advisory, August 4, 2020
Co-author, "COVID-19 Impact on Tax Filings in Florida," Day Pitney Advisory, April 28, 2020
Co-author, "Florida Governor Issues Stay-at-Home Order, Designates Essential Services During COVID-19 Pandemic," Day Pitney Advisory, April 7, 2020
Co-author, "COVID-19 Impact on Florida Real Estate – Suspending Foreclosures and Residential Evictions for 45 Days," Day Pitney Advisory, April 6, 2020
Co-author, "COVID-19 Impact on Florida Commercial Real Estate, Tenant Resources," Day Pitney Advisory, April 2, 2020
Co-author, "Alert - Impact of COVID-19 Gives Good Reason to Consider Emergency Cooperation Agreement," Day Pitney Alert, March 16, 2020
Experience
Successfully represented putative class members in an appeal of an order granting a motion to dismiss before the U.S. Court of Appeals for the Eleventh Circuit in matter alleging breach of agreements with customers and negligence for charging fees that were greater than the costs to execute a trade where defendant generated profits from these fees when it had agreed to charge no more than the costs of executing a trade; subsequently, plaintiffs' motion to certify the class action was granted for matter valued in excess of $15 million
Represents a Fortune 500 insurance exchange for United States military personnel and their families, defending against allegations by former legal service provider for inter alia, breach of contract, fraud in the inducement, negligent misrepresentation and quantum meruit for $20-30 million; also, represent client in counterclaims for legal malpractice in its handling of personal injury cases, breach of fiduciary duty based on its providing unethical and incorrect legal advice, fraudulent and negligent representation with respect to the billing of enhanced fees and unjust enrichment for work that was paid but never performed in a number of flat fee cases
Represents a U.S. direct broadcast satellite service provider in a class action alleging violations of the Telephone Consumer Protection Act of 1991 and damages in excess of $5 million; after briefing, the court entered an order granting client's Motion to Compel Arbitration
Represents leading international jewelry company in the defense of a lawsuit filed against the jeweler in Eleventh Judicial Circuit of Florida, by a retail jewelry store alleging that the jeweler wrongfully terminated its rights to franchise and distribute the client's jewelry in South America; after a full evidentiary hearing, the court dismissed the plaintiff's Motion for Temporary Injunction to prevent client from terminating its franchise and distribution operations and subsequently, granted client's Motion to Compel Arbitration, entering an order finding that all claims asserted by the plaintiff are subject to arbitration to the Danish Institute of Arbitration
Represents an American multinational investment bank and financial services corporation in defense of a multi-plaintiff lawsuit filed by a group of investors and creditors of a bankrupt Mexican oil services company against the bank in the Southern District of Florida, alleging in a seven-count complaint violations of the Federal Racketeer Influenced and Corrupt Organization Act (RICO), conspiracy to violate the same, and additional common law counts for fraud, aiding and abetting fraud, conspiracy to commit fraud and breach of fiduciary duty with regards to multiple, complex financial transactions and claiming $1.1 billion in losses; successfully moved to dismiss the suit on the basis of forum non conveniens, arguing that Mexico was the appropriate forum
Successfully represented U.S. direct broadcast satellite service provider in actions against various U.S. and Bahamian Companies for injunctive relief, civil conspiracy, conversion and violations of federal law for receiving and assisting others in receiving satellite signals in violation of 47 USC section 605(a) and unauthorized reception of communication services in violation of Florida Statute section 812.15
Represents a professional baseball pitcher, currently with the New York Yankees, in various matters, including a matter pending before the trial court of the Massachusetts Superior Court for breach of contract, valued at $2-3 million; court entered an order of dismissal and no appeal was taken
Education
Tulane University Law School
J.D.
University of Miami
B.A.
Chambers Review
USA
Manuel Garcia Linares regularly handles a wide range of civil disputes. He represents clients in professional malpractice claims, real estate litigation and class actions.
Strengths
Provided by Chambers
"Manuel is super well organized and does great cases."
"Manuel is an excellent legal team leader who develops sound case management strategy."
"Manuel is super well organized and does great cases."
"Manuel is an excellent legal team leader who develops sound case management strategy."