Harvey W. Gurland, Jr. is managing partner of the firm's Miami and Boca Raton offices. Mr. Gurland represents clients in general business and corporate matters, including class actions and shareholder suits, intellectual property, real estate litigation, healthcare law, franchise issues, trust and estates matters, products liability, and claims involving lender liability. He also handles petroleum marketing matters. He is also a member of the firm's Cuba Business Group.
Mr. Gurland is former chair of the Petroleum Marketing Committee of the American Bar Association's Section of Environment, Energy and Resources and a member of its Section of Litigation. He is also a member of the Environmental and Land Use Law and the Trial Lawyers sections of The Florida Bar, and a member of the New York State Bar Association.
He has lectured on the subjects of the Petroleum Marketing Practices Act, premises liability and legal ethics. Admitted to practice in Florida and New York, he is a former judicial clerk to the Hon. Jose A. Gonzalez, Jr. of the United States District Court for the Southern District of Florida.
Mr. Gurland is a 1979 graduate of the University of Miami School of Law and a 1976 graduate of Queens College of the City University of New York.
Mr. Gurland serves on the firm's governing Partners Board.
- Represented a former executive of a defunct resort and casino project located in Las Vegas against a $1 billion suit brought by a Trustee in Miami Bankruptcy Court alleging the client aided and abetted others in a breach of fiduciary duties that caused the project to fail.
- Represented the owner/operator of a luxury Miami hotel/condominium mixed use project against claims for mismanagement and allegations of decline in property values.
- Won motion to dismiss for TD Bank in Florida State Court in a dispute brought by investors in a South Florida real estate company alleging violation of Florida's Racketeer Influenced and Corruption Organization Act.
- Won summary judgment for TD Bank in Florida State Court, Miami-Dade County, in a suit alleging violations of the Florida UCC concerning a wire transfer.
- Obtained a $2 million jury verdict following a two-week trial for a client that purchased a yacht from a yacht broker in Florida. The jury found for the client on its claim that the defendant negligently misrepresented the condition of the yacht.
- Represented a condominium association in an action against its insurer to recover for damages to the association's high-rise building caused by Hurricane Wilma. Settled the case on the eve of trial.
- Represented shareholders in derivative action brought against officers and directors of major utility company. Suit involved issues regarding proxy disclosures and right to payments under change of control agreements in the wake of a merger that was initially approved by shareholders but was not consummated. Procured settlement of approximately $22 million for the utility company.
- Represented clients in environmental assessment and remediation matters as well as in claims concerning "toxic torts."
- Successfully defended clients in consumer class actions brought in federal and state courts throughout the United States. The matters include nutritional supplements, rental car agreements and claims concerning the design of consumer products.
- Defended multiple cases for major oil companies arising under the Petroleum Marketing Practices Act, as well as claims concerning pricing of motor fuel and contract compliance in their relationships with distributors and dealers. Cases have been in federal and state courts throughout the United States.
- Counseled clients regarding transportation and oil industry regulations relating to facilities management and distribution of petroleum products.
- Defended a company and executive officers in patent infringement claim related to method of cleaning and maintaining utility lines from helicopters. Defense successfully invalidated all patent claims by the plaintiff.
- Obtained decision affirming dismissal of suit alleging that a private investment company violated Florida securities laws in connection with the plaintiff's $4 million investment in a rock mine acquired by the investment company.
- Represented companies regarding non-compete and trade secret agreements in several industries. Dealt with multiple complex issues for clients involved in health care, high-tech, energy and utilities industries.
- Brought enforcement actions on behalf of lenders with security interests in shopping centers, hotels, office buildings, office parks and other forms of property throughout the state of Florida. Actions consistently resulted in repayment of loans and/or successful foreclosure on the property and successful defense of lender liability claims.
- Represented healthcare industry service provider in Medicare reimbursement litigation against a hospital. Dealt with complex calculations of allowable reimbursements under state and federal regulations.
- Handled arbitration of case involving Medicare reimbursement calculations and dispute over amounts owed relating to sale of hospital.
- Represented parties involved in disputes over calculations of "earnout" provisions in post-closing adjustments to the purchase prices of various ongoing businesses.
- Represented hotel operator that could not make payments to its landlord and successfully used bankruptcy process to monetize the value of a lease that was worth more than the back rent owed. Used leasehold asset to obtain $1.1 million for client's equity holders and creditors, which allowed them to discharge all obligations and share in some dividends after distribution of all equity.
- Represented client in copyright dispute concerning software programs designed for "logistics" industry.
- New York
- U.S. Court of Appeals for the Federal Circuit
- U.S. Court of Appeals for the Eleventh Circuit
- U.S. District Court for the Southern District of Florida
- U.S. District Court for the Northern District of Florida
- U.S. District Court for the Middle District of Florida
- University of Miami School of Law, J.D., 1979
- Judge, Florida Bar Association's annual Mock Trial Competition, Florida Bar Association's Mid-Year Meeting, 2001-2008
- Organized 2001 Annual Meeting of the Petroleum Marketing Committee of the American Bar Association, St. Louis, Missouri
- Organized 2000 Annual Meeting of the Petroleum Marketing Committee of the American Bar Association, San Francisco, California
- American Bar Association
- Section of Environment, Energy and Resources
-- Chair, Petroleum Marketing Committee, 1999-2001
- Section of Litigation
- Organized 1999 Annual Meeting of the Petroleum Marketing Committee of the American Bar Association, San Diego, California
Honors and Awards
Listed in U.S. News/Best Lawyers "The Best Lawyers in America," 2015-2020
Listed in Florida Super Lawyers 2017-2019
- Honored by The Daily Business Review as a Distinguished Leader in Law, 2017
- Named in the South Florida Legal Guide Top Lawyers for Commercial Litigation, 2006-2016
- 2001 Put Something Back Pro Bono Award, Cultural Arts category, Miami-Dade County Bar Association
- AV Preeminent® Peer Review Rated by Martindale-Hubbell®
AV® Preeminent™ and BV® Distinguished™ are certification marks of Reed Elsevier Properties Inc., used in accordance with the Martindale-Hubbell certification procedures, standards and policies.
Civic and Charitable Activities
- Member, Board of Trustees, Arts and Business Council of Miami, Inc., 1993-present, Chair 1997-1999
Quoted, "Economic Powerhouse: Miami-Dade County is Riding the Wave of a Strong Global Economy, Recovery in Latin America and a Booming Startup Industry," Invest: Miami 2018, September 2018
- Profiled in Miami Today, Harvey Gurland Manages Florida Offices of Global Law Firm Duane Morris, May 4, 2017
- Co-author, "Petroleum Marketing & Refining Committee's Annual Report," ABA Section on Environment, Energy and Resources' Year in Review, 2003
Co-author, "At Firms With 'No Jerks' Rules, Abusive Attorneys Need Not Apply," Daily Business Review, October 2007
Selected Speaking Engagements
Speaker, "Litigating Commercial Claims," American Inns of Court Bench and Bar Conference, Miami, March 1, 2019
- Moderator, "Current Trends in 2017 on Constitutional Intellectual Property and Collection, and Use of Data Issues in Entertainment," International Legal Symposium on The World of Music, Film, Television and Sports, Miami, FL, March 31, 2017
- Moderator, American Bar Association Forum on the Entertainment and Sports Industries 2016
- Moderator, "Current Trends on Constitutional, Intellectual Property and Collection and Use of Data Issues," American Bar Association Forum on the Entertainment and Sports Industries 2015
- Moderator, "The Symposium Entertainment Roundtable," American Bar Association Forum on the Entertainment and Sports Industries 2014
- Moderator, "Intellectual Property Trends and Developments in the International Entertainment Industry," American Bar Association Forum on the Entertainment and Sports Industries 2013
- Moderator, "Marketing and Monetization in the Entertainment Industry in the New Age of Digital Entertainment - Where Transactional Law and Litigation Collide," American Bar Association Forum on the Entertainment and Sports Industries 2012
- "Legal Ethics," Chicago, Illinois, 1996
- "Legal Ethics," New Orleans, Louisiana, 1998
- "Premises Liability - Current Trends," Los Angeles, California, 1994
- "Petroleum Marketing Practices Act," Washington, D.C., 1989