Overview

Joaquin "JJ" Alemany is an attorney in Holland & Knight's Miami and Fort Lauderdale offices. Mr. Alemany practices in the firm's Litigation, Bankruptcy and Creditors' Rights sections. He is an experienced commercial litigator with significant background in handling complex federal and state cases. He is also a Certified Public Accountant (CPA) with experience in the U.S. and Latin American markets with internal investigations, and establishing compliance programs relating to financial fraud, Foreign Corrupt Practices Act (FCPA), anti-corruption and anti-money laundering. Mr. Alemany is fluent in Spanish.

Mr. Alemany's practice is focused primarily in South Florida, but he has appeared as lead counsel for clients in cases filed throughout the United States, including in Puerto Rico, New York, Delaware, California, New Jersey, Philadelphia, Texas, Virginia and Missouri.

Mr. Alemany represents clients in all aspects of bankruptcy and bankruptcy litigation, contract and business disputes, lender liability claims, commercial and real estate litigation, mortgage foreclosures/workouts, title insurance issues, assignments for the benefit of creditors, receiverships, asset recovery, internal investigations, corporate compliance, breach of fiduciary duty, aiding and abetting fraud claims, legal malpractice and landlord-tenant disputes.

While at the University of Miami School of Law, Mr. Alemany was the managing editor of the Inter-American Law Review, received honors for his performance in both the Litigation Skills and Alternative Dispute Resolution Programs, and was awarded membership to the Order of the Coif.

Representative Engagements

Financial Institutions / Secured Creditor Bankruptcy Representations

  • Represented first position secured lender in Chapter 11 case of the largest marina in the Caribbean through confirmation and successful sale of collateral exceeding $43 million recovery for bank
  • Represented first position secured lender in Chapter 11 case obtaining title of beachfront residential property valued in excess of $30 million
  • Represented first position secured lender in Chapter 11 of 147-room beachfront hotel through confirmation and successful sale of collateral resulting in recovery in excess of $15 million
  • Represented first position secured lender in obtaining prompt dismissal of Chapter 11 case of oceanfront motel

Litigation and Bankruptcy Litigation

  • Successfully litigated more than 200 commercial cases through judgment, dismissal or settlement
  • Represented financial institution against bankruptcy trustee in Ponzi feeder fund lawsuit seeking damages in excess of $83 million (In re Banyon 1030-32)
  • Represented AmLaw 100 firm against bankruptcy trustee in Ponzi scheme lawsuit seeking multimillion-dollar damages under aiding and abetting and other theories (In re Providence Financial)
  • Represented one of the largest targets against bankruptcy trustee in Ponzi scheme lawsuit seeking multimillion-dollar damages (In re Capitol Investments USA)
  • Represented international jewelry company against bankruptcy trustee in Ponzi scheme lawsuit (In re RRA)
  • Represented partners in prolonged partnership dispute concerning large pediatric and neonatal healthcare medical group

Bankruptcy

  • Represented global Fortune 50 electronics company as largest unsecured creditor in Chapter 11 case with claims exceeding $20 million
  • Represented equity holders in nursing home and healthcare facility Chapter 11 resulting in 100 percent distribution to creditors and a multimillion-dollar distribution to equity holders
  • Represented global armored car service company with significant executory service contract obligations to Chapter 11 debtor demanding continuation of services to more than 240 store locations
  • Represented Dutch distillery with significant exclusive production agreement with Chapter 11 debtor

Commercial, Residential and Shopping Center Landlord Representations

  • Represented commercial landlords in some of the largest retailer bankruptcy cases ever filed, including but not limited to: Sears, Roebuck & Co., Toys "R" Us, Sports Authority, Payless Shoes, Gymboree, Brookstone, Claire's, BCBG MaxAzria, Vitamin World, Perfumania, A'Gaci LLC, Charlotte Russe, Simply Fashion Stores Ltd., Wet Seal and Radio Shack
  • Represented multiple institutional landlords relating to numerous commercial evictions, landlord-tenant disputes and bankruptcy matters
  • Represented commercial landlords and court appointed receivers with respect to residential, nonresidential and federally funded low income housing evictions and landlord-tenant disputes

Internal Investigations and Corporate Compliance

  • Represented Latin American oil tanker company in implementing its anti-corruption and anti-money laundering compliance program
  • Represented Fortune 100 company in an internal investigation of pharmaceutical sales and marketing practices
  • Represented audit committee with internal investigation of misappropriation of corporate assets; prosecuted fraudulent transfer lawsuits to recover assets
  • Represented multiple financial institutions with internal investigations concerning improper revenue recognition, sales practices and reporting of tax swaps

Receiverships

  • Represented court-appointed receiver of four federally funded housing projects in low-income high-crime area slated for demolition (421 residential units) and relocated more than 100 families in accordance with the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970
  • Represented court-appointed receiver of two housing projects in low-income high-crime area
  • Represented court-appointed receivers with respect to several small to midsize apartment complexes

Credentials

Education
  • University of Miami School of Law, J.D., magna cum laude
  • Florida International University, M.S., Taxation
  • Florida International University, B.A., Accounting, cum laude
Bar Admissions/Licenses
  • Florida
Court Admissions
  • U.S. District Court for the Southern District of Florida
  • U.S. District Court for the Middle District of Florida
Memberships
  • Hispanic National Bar Association
  • Cuban American Bar Association
  • American Bankruptcy Institute (ABI) Caribbean Insolvency Symposium, Advisory Board Member since 2012
  • Bankruptcy Bar Association for the Southern District of Florida
  • Cuban-American Certified Public Accountant Association
  • The Florida Bar
  • American Bar Association
Honors & Awards
  • The Best Lawyers in America guide, Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law, 2018-2020; Litigation - Bankruptcy, 2018-2020
  • Florida Legal Elite, Florida Trend magazine, 2015, 2016 
  • Order of the Coif
  • University of Miami Inter-American Law Review, Managing Editor
  • 1L Moot Court Competition Semifinalist and received Honors in both the Litigation Skills and Alternative Dispute Resolution Programs
  • Book Award, Contracts
  • Book Award, Federal Income Tax
  • Book Award, Corporate Tax
  • Thomas E. and Dorothy Bartshe McDougall Merit Based Scholarship, University of Miami School of Law
Spoken Languages
  • English
  • Spanish

Speaking Engagements

News