Samantha J. Kavanaugh
Samantha J. Kavanaugh
Shareholder 
One Southeast Third Avenue
25th Floor
Miami, FL 33131
 
Tel:
305.982.5518
Fax:
305.374.5095
 
 

Samantha Kavanaugh’s practice concentrates in commercial and corporate litigation, including securities class action defense, internal investigations, business torts, contract disputes and real estate litigation. She has represented corporate entities and individuals in both federal and state trial and appellate courts.
 

 
Internal Investigations
 
Investigated allegations of dishonest conduct by senior vice president of a private company.
 
Investigated alleged stock-option backdating on behalf of audit committee of NASDAQ-traded public company in the telecommunications industry.
 
Investigated alleged stock-option backdating on behalf of audit committee of NASDAQ-traded public company in the brokerage industry.
 
 
Securities Class Action Defense
 
Represented a public company in the education industry in federal securities class-action lawsuit. Durham v. Whitney Information Network, Inc., 2009 WL 3783375 (M.D. Fla. Nov. 10, 2009); Durham v. Whitney Information Network, Inc., 2008 WL 4936999 (M.D. Fla. Nov. 17, 2008)
 
Represented a company providing software and services to the healthcare industry in a federal securities class-action lawsuit.
 
Represented former CEO of bankrupt software company in multi-district federal securities fraud litigation alleging accounting and related-party disclosure improprieties.
 
Represented former controller of bankrupt company that developed and operated timeshare resorts in settlement of federal class action securities claims alleging accounting misstatements related to a $130 million impairment charge.
 
Represented investment bank in federal securities class-action lawsuit related to the alleged omission of material information. Halberstein Investment Ltd. v. Lehman Bros., Inc., 19 Fla. L. Weekly Fed. D198 (Jan. 10, 2006)
 
Represented a software development company and certain of its officers and directors in a federal securities class-action lawsuit related to earnings miss and alleged accounting improprieties. In Re Smith-Gardner Sec. Litig., Fed. Sec. L. Rep. 91,732, 2002 WL 925365 (S.D. Fla. Mar. 19, 2002)
 
Represented aviation services company and certain of its officers and directors in federal class-action securities fraud litigating involving alleged accounting fraud. Holmes v. Baker, 166 F. Supp. 2d 1362 (S.D. Fla. 2001)
 
 
Other Accounting and Financial Fraud Litigation
 
Represented private equity fund in defense of multiple lawsuits in New York federal and state courts alleging fraudulent accounts receivable. In re Eugenia VI Venture Holdings Litig., 2008 WL 5274578 (S.D.N.Y. Dec. 15, 2008); Casita LP v. MapleWood Equity Partners (Offshore) Ltd., 17 Misc. 3d 1137, 851 N.Y.S.2d 68 (N.Y. Sup. Dec. 7, 2007); Casita LP v. Maplewood Equity Partners (Offshore) Ltd., 11 Misc. 3d 1054(A), 2006 WL 399796 (N.Y. Sup. Feb. 22, 2006), aff’d, 825 N.Y.S.2d 6 (A.D. 2006)
 
Represented publicly traded telecommunications company in federal court action alleging RICO claims for alleged securities law violations.
 
Represented officers of company in connection with alleged misrepresentation and omission action brought by former and current shareholders of company regarding on-site vehicle fluid analyzers.
 
 
Other Shareholder Derivative Litigation Defense
 
Represented an executive of a private equity fund in defense of derivative claims brought in federal court by lender alleging fraudulent accounts receivable.
 
Represented executive of a private equity fund in defense of derivative claims brought by fund investor.
 
Represented public company in the education industry in defending derivative claims arising from parallel criminal and SEC investigations. Ghosio v. Whitney Information Network, Inc., 2008 WL 4998750 (M.D. Fla. Nov. 19, 2008)
 
 
Other Litigation
 
Represented watch manufacturer in action seeking damages for purported breach of contract, misappropriation of trade secrets, and fraud. Swiss Watch v. Movado Group, Inc., Case No. 00-7703-CIV-Graham (United States District Court for the Southern District of Florida)
 
Represented company, its subsidiary and an individual defendant in a breach of contract/theft of trade secret/unfair competition action, in which our clients asserted various antitrust counterclaims. Mantrose Hauser, et al. v. Kane International, et al., Case No. 97 Civ 7313 (GAY) (United States District Court for the Southern District of New York)
 
Represented healthcare receivables financing company in breach of contract and fraudulent inducement claims.
 
Represented alarm services company in federal lawsuit involving dispute over asset purchase agreement.
 
Represented developer of senior living facility in specific performance action to obtain $10 million parcel of land.
 
Represented developer with respect to claims involving an alleged contract to purchase luxury condominium units located on Fisher Island.
 
Represented foreign pyrotechnic device manufacturer in wrongful death action.
 

Speaker, “2009 SEC Disclosure Seminar,” January 2009
 
Speaker, "2007 SEC Disclosure Seminar," January 2007
 

The Florida Bar, Member
 
Georgia Bar Association, Member
 
Dade County Bar Association, Member
 
Dade County Bar Association e-Mentoring Program Mentor, 2003-2007 and Steering Committee Member, 2004-2007
 

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Samantha J. Kavanaugh


Litigation

J.D., University of Virginia School of Law, 1996
B.A., George Mason University, 1993

Florida
 
 
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