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Brian P. Yates

Brian P. Yates

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Education

  • University of Louisville (B.S., 2006)
  • University of Miami School of Law (J.D., 2009) ( Business Law Review, Editor)

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Brian P. Yates

Partner

Brian is an experienced trial lawyer who represents plaintiffs and defendants in complex, high-stakes litigation. Brian’s practice focuses on the representation of clients in complex commercial and other civil litigation and arbitration matters, including bankruptcy and appellate cases, with particular emphasis on the financial services industry.

Brian’s practice focuses on the representation of banks, financial institutions, businesses and individuals in complex commercial and other civil litigation matters, including bankruptcy and appellate cases. These matters include prosecuting fraudulent transfer and post-judgment supplementary proceedings against judgment debtors, litigating title insurance disputes, and representing numerous lenders in foreclosure actions and defending claims brought by borrowers. 

In addition, Brian has defended actions for injunctive relief under the United States Tax Code and represented many secured creditors in bankruptcy.  

  • Commercial Litigation
  • Banking Litigation
  • Lender Liability Litigation Defense
  • Bankruptcy
  • Appellate Work
  • Florida Bar
  • U.S. Court of Appeals, 6th and 11th Circuits
  • U.S. District Court for the Southern District of Florida
  • U.S. Bankruptcy Court for the Southern District of Florida
  • U.S. District Court for the Middle District of Florida
  • U.S. Bankruptcy Court for the Middle District of Florida
  • Trial counsel to bank defending against multi-million breach of contract claim; obtained overwhelming defense verdict (NBV Loan Acquisition, LLC v. Regions Bank, — B.R. —, 2019 WL 2426454 (Bankr. S.D. Fla. 2019).
  • Trial counsel to bank in title insurance litigation involving insurer’s claim for reformation of insurance policy; secured trial verdict for coverage and indemnification and denying reformation (Regions Bank v. Commonwealth Land Title Ins. Co., 977 F.Supp.2d 1237 (S.D. Fla. 2013).
  • Defense of individual business owner in lawsuit for injunction and disgorgement filed by the U.S. Department of Justice alleging multi-million tax fraud.
  • Defense of Fortune 500 company in tort lawsuit for malicious prosecution, false arrest/imprisonment, gross negligence, intentional and negligent infliction of emotional distress, and negligent training.
  • Defense of local South Florida business and affiliate in two putative consumer class actions filed in federal and state courts; secured dismissal of both cases with prejudice.
  • Represented community bank in proceedings supplementary and bankruptcy involving fraudulent transfers and corporate “bust-out;” successfully recovered full amount of judgment debt.
  • Defense of large financial institution facing $200 million fraud claim; claim was dismissed before trial.

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Brickell City Tower, 80 S.W. 8th Street, Suite 3100 Miami, FL 33130
Email: info@garlawfirm.com -
Phone: 305-579-0012