Dale James Morgado

Miami, Florida

Attorney Dale James Morgado brings diverse experience to Feldman Morgado by combining large and boutique law firm practice, with an M.B.A. and J.D., effectively counseling clients in a business, defense, and plaintiff capacity. He began his career clerking for Phipps P.C. more than a decade ago; only to soon join one of Boston's 50 largest law firms, Deutsch, William, Brooks, Derensis & Holland. After attending law school in Connecticut, he began practicing as an attorney at the Hartford office of the nationally recognized plaintiffs firm Moukawsher & Walsh. After moving from New England to Florida, Attorney Morgado practiced with the 140-lawyer defense firm Gunster, Yoakley & Stewart. Mr. Morgado leads the firm's practice when it comes to certain business litigation, employee benefits, class actions, employment & corporate matters and he has successfully broken new ground for clients in these areas.

In 2011, Mr. Morgado was honored to be chosen as a member of Florida Trend's "Up and Comer" in the yearly "Florida Legal Elite" rankings which nominates Florida's top attorneys. The publication recognizes fewer than 1.8 percent of active Florida Bar members in the state who are nominated by their peers as "those attorneys who are held in the highest regard and whom they would recommend to others," according to Florida Trend.

Congratulations to Shareholder Dale Morgado! He was recognized as an Up & Comer in the Legal Elite Issue of Florida Trends Magazine. This prestigious list of esteemed attorneys is chosen by their colleagues. Read more at: http://www.floridatrend.com/law_elite.asp

Bar Admissions:

• Florida
• Connecticut
• U.S. District Court Southern District of New York
• U.S. District Court Eastern District of New York
• U.S. District Court Middle District of Florida
• U.S. District Court District of Connecticut
• U.S. District Court Southern District of Florida
• U.S. District Court District of Colorado
• U.S. District Court of North Dakota
• U.S. Tax Court
• U.S. Court of Appeals 11th Circuit

Representative Cases:

• Attorney Dale Morgado was recently profiled by Daily Business Review. Read about this FLMA case.
• Digital 1 Media, Inc. v. Andrew Van Almen , Staphane Clavel and Atomix Productions, Inc. Case no 09-7942-CI-19 (Technology, contract, covenant not to compete and commercial litigation issues)
• Adolfo Lopez Armas v. Ignite Restaurant Group Case no 11-cv-00147 (Case concerning Fair Labor Standards Act litigation)
• Russell Dennison v. Dick Norris Buick Pontiac GMC, Inc. Case no 10-cv-01341 (Case concerning discrimination based on religion and wrongful termination)
• Ronal Herrera v. Stepp's Towing Service Tampa, Inc. Case no 10-cv-01400 (Fair Labor Standards Act litigation)
• Jennifer Devenne and Constance Painter v. Ignite Media Solutions, LLC. (Fair Labor Standards Act litigation)
• Rachel Rigal v. Hearthstone Management, Inc. Case no 10-cv-01493 (Fair Labor Standards Act litigation, wrongful termination)
• Laico v. Suncoast Safety Council, Inc. Case no 10-cv-01709 (Case concerning Age Discrimination and Wrongful Termination)
• Cheryl Wade v. Armstrong Relocation, Florida, LLC. Case no 10-cv-62030 (Fair Labor Standards Act litigation)
• Alissa Cellucci v. Nova Southeastern University, Inc. Case no 10-cv-62557 (Wrongful Termination concerning the Family Medical Leave Act)
• Blanca Hernandez v. Simply Wheelz, LLC. Case no 11-cv-20424 (Case concerning Fair Labor Standards Act)
• Juan Hidalgo v. Caribbean Publishing Co, Inc. no 11-cv-21304 (Fair Labor Standards Act litigation)
• Darling Martinez v. Towncare Dental Partnership, Inc. Case no 11-cv-22497 (Fair Labor Standards Act litigation)
• Carmen Herrera v. Dade County Federal Credit Union Case no 10-cv-01400 (Fair Labor Standards Act litigation)
• Paul Leftwich v. American Integrity Insurance Co. Case no 10-006942 (Whistleblower litigation)
• Virginia Roberts v. American Integrity Insurance Co. Case no 10-011531 (Whistleblower Litigation)
• Paula Randolph v. Ultimate Software Group Case no 10-040627 (Wage and hour litigation regarding commissions)
• Richards v. Fleetboston Financial Corp et. al., 3:04-cv-01638, (cash balance class action litigation regarding whipsaw, fiduciary duties, 204(h) disclosure, and age discrimination)
• Pugliese v. United Tech Corp., 3:06-cv-01013, (golden handshake litigation regarding breach of fiduciary duty and misrepresentation under ERISA 502(a)(3))
• Sparveri v. Town of Rocky Hill, 3:05 -cv-00376, (42 U.S.C. 1983 action regarding breach of municipal pension plan terms)
• Goldberg v. United Illuminating Company, 3:06 -cv-01358, (defined benefit plan claim under ERISA 502(a)(1)(B) to enforce pension plan terms)
• Hospital for Special Care v. Donna Abram, et. al., Doc. No. CV-07-5006097 (defense of contract collection on behalf of fiduciary)
• Regan v. City of Torrington, Doc. No. CV-07-5005888-S, (breach of contract claim regarding medical and disability pension benefits)
• Sublette et. al. v. FedEx, Doc. No. 04-3013 Ma/P, (golden handshake litigation involving breach of fiduciary duty and misrepresentation under ERISA 502(a)(3))
• Kajda v. SNET, Doc. No. CV-07-5010107-S (severance litigation concerning fiduciary duties, misrepresentation and violation of employee fringe benefits under C.G.S. Sec. 31-76k)
• Thompson, et al. v. Linvatec Corporation, et. al ., Doc. No. 06-cv-404 (class action ERISA claim for severance benefits involving breach of fiduciary duty under 502(a)(3), violation of ERISA summary plan description requirements under ERISA Sec. 102, and benefit claims under 502(a)(1)(B))
• Arivella et. al. v. Lucent, C.A. No. 08-10398, (claim for benefits under ERISA 502(a)(1)(B), common law fraud, and breach of fiduciary duty under 502(a)(3))
• Lavoie v. SBC, Doc. No. 3:04-cv-1116, (litigation regarding serious consideration test, breach of fiduciary duty, and misrepresentation of severance plan benefits)
• Morse v. Shape, Case No. 09-014965 (fraud, unjust enrichment, contract and civil theft action)
• In Re United States Sugar Corporation Litigation CV- 08-80101 (ERISA class action against U.S. Sugar, company executives, board, fiduciaries and ESOP plan, alleging breach of fiduciary duties, breach of duty)
• Esfahani v. Dist. Board of Trustees of SFCC Case No. 09-14215 (Title VII action concerning retaliation and national origin)
• Slyker v. Albest Inc. Case No. 8:10-CV-656 (case concerning Fair Labor Standards Act)
• Blume v. Sun City Hospital Case No. 09-16755 (Florida Whistleblower action concerning retaliation)
• Slyker v. Albest, Inc. Case No. 8:10-CV-00656-VMC-EAJ (case concerning Fair Labor Standards Act overtime issues)
• Jefferson v. State of Florida Department of Corrections, Case No. 8:08-CV-01337-JSM-AEP (case concerning defense of State of Florida on Title VII discrimination)
• Brown v. Dodge City Inc. Case No. 8:09-CV-2487 (case concerning Americans with Disabilities Act)
• Miller v. Florida Orthopedic Institute Case No. 09:-9813 (litigation concerning negligence and malpractice)
• Carr v. TruGreen Case No. 09-CA-511 (Florida Whistleblower action)
• Jackson v. Advanced Pro 5:10-CV-00210 (case concerning tortious interference with business relationships)
• Sanchez v. Tampa Family Health Centers Case No. 002-CIV-KNO (employment contract arbitration)
• On Assignment Healthcare v. Integrated Medical Case No. 33-193-00052-10 (commercial arbitration dispute)
• Merger, Combination, & Acquisitions - Work on combination between The Humane Society of the United States and Society to Prevent Cruelty to Animals of Broward County
• Corporate Tax - Work on tax research regarding sale and leaseback of 180,000 acres to the State of Florida
• Executive Compensation - 409 analysis of underwater stock options for Florida based bank
• Employee benefits - merger of nine defined benefit plans into one
• Contract - work on supply arrangement agreement between the Republic of Angola and private company concerning multi-million dollar purchase of pre-fabricated quarters
• COBRA - analysis and counsel regarding qualifying events in company mergers

Areas of Practice:

• Employment Law
• ERISA & Employee Benefits Law
• Corporate & Commercial Law
• Fiduciary & Financial Litigation
• Tort Law
• Class Actions
• Contract Law
• Insurance & Bad Faith Disputes
• Health Law
• Corporate & Government Investigations
• Business Litigation

Education:

• University of Connecticut School of Law, Hartford, Connecticut
  J.D.
• University of Massachusetts
  M.B.A.
• Suffolk University
  B.S.
  Major:  Business

Published Works:

• Economic Consequences to Companies, States, and Municipalities Sponsoring Pension Plans from the Recent Market Losses and Potential ERISA Fiduciary Liability to Investment Advisers that Follow. April 2009 Employee Benefit Plan Review
• The Death Tax How Will Obama's Tax Plan Affect Your Estate Plan, LeMieux Report, December, 2008
• Blessings Point to Cash Balance Prosperity for Interested Advisers, Co-Author, Employee Benefit Adviser, September, 2008
• Sell it But Don't Overstate it Unless You Want to Get Sued: When Does ERISA Liability Attach, Employee Benefit Adviser, July, 2008
• The Pension Protection Act Brings Sweeping Changes, Co-Author, Connecticut Bar Association Employment Quarterly, Vol. 13 Issue 2, 2007
• A Federal Agency Says You Are Disabled And A District Court Agrees, The Relevance of Social Security Disability Findings in ERISA Disability Insurance Benefit Litigation, Connecticut Bar Association Employment Quarterly, Vol. 13 Issue 3, 2007
• American Bar Associations Subcommittee on Benefit Claims and Individual Rights, Contributor, Mid-Winter Report of Claims Procedures and Remedies for Procedural Violations, 2007

Professional Associations and Memberships:

• American Bar Association
• American Society of Pension Professionals and Actuaries
• The Greater Fort Lauderdale Tax Council
• Connecticut Bar Association
• Connecticut Trial Lawyers Association
• Broward County Bar Association
• Florida Bar Association
• Hartford County Bar Association

Bold labels are required.