Fiduciary Liability - Recognizing, Reducing & Resolution of the Risks
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Kelly will examine the increasing amount of litigation directed at fiduciaries, where fiduciary exposure lies, what can be done to reduce the risk fiduciaries face and what to do when litigation arises.
Kelly O'Keefe's practice centers on representing businesses, fiduciaries, and individuals in Trust and Estate litigation, Real Estate litigation and Complex Business Litigation. She has experience litigating breach of fiduciary duty claims, will and trust contests, inter vivos transfers and heir determinations. She also has extensive experience litigating complex commercial foreclosures for borrowers and lenders, including expedited foreclosures, and cases with lender liability, guaranty and deficiency claims. She has represented developers, owners, management companies and purchasers in a variety of real property disputes, including condominium and community association, landlord/tenant, purchase related, permitting, partnership, boundary, storm water and construction disputes. In one purchase dispute she obtained a default, sanctions and specific performance against a breaching seller after 5 years of litigation. In addition, Ms. O’Keefe arbitrated one of the first cases against Bear Sterns challenging its valuation of mortgage backed securities, which ultimately contributed to the company’s downfall, and has litigated mortgage fraud matters for some of the largest providers of mortgage services in the county. She also represented distressed companies, creditors and government entities in bankruptcy, receivership, and related adversary proceedings. She has also represented insurance companies in coverage related disputes, including a case in which she defeated a competing insurers’ attempt to have her client’s procedures declared inconsistent with Florida law.
Ms. O’Keefe has also assisted entrepreneurs seeking to establish real estate related businesses in Florida by navigating various regulatory hurdles they encountered and changing legislation that prevented them from conducting business in Florida. She has also served an array of Florida businesses challenging government decisions before the Florida Division of Administrative Hearings, including licensure and permitting decisions and the award of government contracts.
Ms. O’Keefe’s experience spans state, federal and government forums. She has managed cases in multiple parallel forums, and brought cases successfully through appeal.