Profile
Concepcion Martinez & Bellido is a boutique law firm focused on complex business litigation, international business transactions and intellectual property and technology law. Based in Miami, we have particular experience in handling cross-border litigation and transactional matters involving Latin America. We also have significant experience in products liabilty, professional malpractice, securities litigation, unfair business competition, international fraud matters, and arbitration and alternative dispute resolution.
Overview
Concepcion Martinez & Bellido is a law firm focused on complex commercial litigation and international transactions. While our attorneys have served clients from many industries, they are especially experienced in resolving disputes or trying cases involving banking, financial and other transnational litigation issues involving parties and witnesses from multiple jurisdictions. The firm's founding partner has the highest rating from his peers, as reported by Martindale-Hubbell, and practiced at two of the largest law firms in the United States before this boutique firm. The firm's mission is to provide legal services in the selected practice areas commensurate with the quality and expertise provided by the largest firms but in a personalized, client-sensitive manner, with an unwavering commitment to responsiveness, efficiency, and professionalism.
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Practice Overview
International Litigation Every segment of our economy faces the risk of lawsuits. Our litigation practice has kept pace with the constantly expanding body of regulatory, procedural, statutory and case law impacting clients involved in a wide array of industries. Our lawyers have tried or arbitrated commercial disputes in many sectors of the business world. In addition to general business-related litigation, our litigation team has particular focus in the specific areas listed above. To learn more about our practices in those areas, please click on the desired links. Similarly, our transactional practice group distinguishes itself as having not only expertise in the standard corporate areas such as entity formation and governance, mergers and acquisitions, and general contracting, but also particular focus and experience in cutting edge areas such as protection of intellectual property and technology development and licensing, as well as in the other areas indicated above. Moreover, being located at the "Gateway of the Americas," the attorneys in our transactional practice bring to the table years of hands-on experience in the region and an ability to understand the nuances and cultural differences inherent in negotiating and doing business within foreign "civil law" legal systems, and with foreign counsel and businesspeople. For more information about the particular transactional areas, please click on the specific links above.
Construction and Real Estate Litigation Our firm represents local, national and international real estate developers involved in commercial, industrial and large-scale residential projects in South Florida. We have also represented general contractors, builders, and homeowner/condominium associations involved in litigation. In addition, the firm has litigated dozens of commercial landlord/tenant disputes.
Financial Transaction Litigation Over the years our attorneys have represented financial institutions and other lenders, as well as borrowers, in litigation involving corporate finance issues such as the issuance of debt or equity, fraud claims, lender liability issues, and disputes arising out of notes, guarantees and other financial instruments. Among the matters our attorneys have handled are: representation of a number of banks and individuals regarding anti-money laundering compliance and litigation (including representation of several targets of "Operation Polar Cap," the largest asset forfeiture and money laundering case commenced by the U.S. Government); civil RICO cases; civil theft cases, and financial fraud actions involving various financial institutions. Our attorneys have represented numerous international banks in complying with judicial and administrative subpoenas from the DEA, Customs, State Attorneys' Office, Grand Jury and others and have handled numerous disputes involving complex choice of law and jurisdictional issues.
Director and Officer Liability In addition to representing companies in a variety of corporate disputes, our lawyers have also represented the officers and directors of both small and large companies in a variety of cases, including shareholder derivative lawsuits involving allegations of breaches of fiduciary duties and corporate malfeasance.
Intellectual Property Litigation This specialized area of litigation has rapidly expanded in the past decade, as access and distribution of copyrighted and patented materials continually increases with emerging technologies. Our firm has litigated copyright infringement claims and tried cases in federal courts involving trademark and patent infringement. We have successfully represented manufacturers, distributors, and service companies seeking to protect their particular products, service marks, ideas, artistic expressions, creative materials and processes from unauthorized commercial use, distribution and exploitation.
Professional Malpractice Defense We take particular pride in the fact that some of the nation’s largest and most respected law firms, accounting firms and architectural firms turn to our firm for litigation representation in claims against their professional practices. We have more than 20 years of experience in this area of practice and have primarily acquired our clients through peer referrals and professional recommendations. Members of our professional malpractice team include a paralegal who has a law degree and one who is also a certified public accountant.
Franchise and Distribution We have represented franchisers and franchisees in a variety of service and manufacturing industries. With many of our attorneys being fully bilingual and bicultural, the firm has also developed an active practice in distributorship litigation throughout South and Central America and the various Caribbean nations. Our client base includes both distributors, and their suppliers and manufacturers.
Securities Litigation and Arbitration Our firm is one of only a handful in South Florida with significant experience in the defense and prosecution of securities fraud class actions. We have defended securities fraud claims brought against many companies, as well as their officers and directors. We have also represented many individual securities and commodities brokers, as well as their customers, in arbitration proceedings and litigation involving retail broker abuse issues.
International Transactions Concepcion Martinez & Bellido is a business law firm representing U.S. and foreign clients in a broad range of international matters. Our multicultural team of lawyers consists of experienced and dedicated international practitioners who understand the differences in legal systems and customs. Our attorneys have helped some of the most significant U.S. and foreign businesses navigate the challenges of our increasingly global marketplace. With the use of cutting edge technology, our firm members are available to handle complex international transactions involving practically any city in the world. We serve our clients in a variety of commercial transactions, joint ventures, cross-border mergers and acquisitions, international litigation and arbitration, debt financing, divestitures, restructurings and several other areas of practice, with a special emphasis in handling cross-border transactions in Latin America and the Caribbean. Our international experience includes assisting companies with establishing new channels of distribution for services and products and acquiring, establishing and divesting foreign operations. We have close and long-standing relationships with the best lawyers and consultants in virtually every country in the Americas, having worked with many of them over the years. These relationships allow us to provide a complete service offering to clients throughout the region when structuring transactions with comparative legal and regulatory analysis relevant to the matter at hand. The Firm's international dispute resolution and litigation practice represents clients in matters involving complex cross border jurisdictional issues and international rules of arbitration. In particular our lawyers have worked closely with international and local lending institutions and have extensive experience in anti-money laundering compliance, and privacy and security protection and litigation.
Commercial Fraud and Forensic Prosecution Commercial fraud has evolved from simple arrangements such as skimming, kiting and embezzlement techniques to complex schemes designed to defraud even the most sophisticated investors and executives. Multi-jurisdictional fraud has globalized these schemes, enhanced their complexity and made them more difficult to detect. The increasingly complex nature of these schemes demands that practitioners be well versed in both the legal and financial dynamics of preventing, discovering, and prosecuting these thefts. Once potential fraud is discovered or threatened, victims often have little time to respond before the assets are dissipated or transferred through a host of jurisdictions and cooperating entities. Practitioners incapable of immediately responding to these threats by quickly unraveling the fraud and tracing the assets will recover little or nothing. Concepcion Martinez & Bellido has developed extensive expertise in preventing and responding to these threats. Our lawyers are not only seasoned legal professionals but are Certified Public Accountants, Certified Fraud Examiners, and experienced international commercial litigators well versed in fraud prevention and asset recovery.
Services We Offer: Assessing Risk and Damages Exposure• Performing Financial Analysis and Developing Damages Theories• Forensics and Fraud Examination• Commercial Fraud Prosecution• Asset Recovery• Design and implementation of internal control policies and procedures to prevent and detect fraudulent activity• Design and implementation of forensic audits to discover fraudulent activity• Experience in detecting cross border fraud and involvement in asset recovery efforts abroad• Risk analysis review of operating agreements, contracts, and corporate governance documents• Investigation of significant financial statement fraud and financial statement restatement• Identification of risk analysis exposures and implementation of prevention and detection techniques• Review of financial affidavits in divorce engagements for evidence of asset concealment• Detection, tracing and recovery of fraudulent asset transfers involving less than reasonably equivalent value• Analysis and detection of improper insolvency claims and valuations in bankruptcy
Fraud Prevention The key to minimizing the threat of fraud is to enable the institution or entity to monitor and evaluate its resources and asset transfers and allocations with minimal disruption to its daily operations and as an integral part of its operating routine. This requires the establishment of simple processes and procedures that deter or dissuade the fraudster from proceeding while minimizing the daily impacts to the employees and the organization. Concepcion Martinez & Bellido can assist an organization in evaluating operational weaknesses and auditing these processes. Fraud or theft prevention controls are typically developed as afterthoughts to the business requirements, without first understanding the likely fraud exposures and risk factors inherent to the business. This process of risk assessment and internal control evaluation is essential to minimizing these threats, both from within and outside of the organization. Once the process of risk assessment is complete, Concepcion Martinez & Bellido can recommend the proper segregation of duties, authorization and access controls, and establishment of additional vulnerability controls throughout the organization. Our seasoned lawyers can help companies implement cost effective routines that seek to prevent as well as detect fraudulent behavior.
Forensic Fraud Detection and Mitigation, Here and Abroad Even the best fraud techniques do not always prevent these thefts. The complement to good fraud prevention is responsive fraud detection. With minimal additional resources, superior fraud detection techniques can be implemented to detect irregular activity. Our attorneys are also seasoned financial professionals who understand these techniques and can implement them as part of a comprehensive fraud prevention program. Once the fraud is perpetrated, however, an organization has little choice but to unravel the sometimes complex and mysterious methods used to misappropriate assets. Our attorneys understand complex business and operational cycles and processes and are adept at tracing and following multi-jurisdictional asset transfers throughout the world, but especially in South and Central America. Our team of international litigators often works closely with local foreign counsel to identify, locate, and seize the fruits of these fraudulent schemes. Unlike domestic fraud, fraud involving foreign entities or jurisdictions often involves unfamiliar laws and institutions, cultural disparities, unique financial and legal hurdles, and a sometimes-hostile reception to US jurisdictional reach and fervor. Our attorneys and staff understand this, and being completely fluent in both English and Spanish, understand the legal and cultural implications of pursuing these thefts abroad. Cross border fraud is perhaps the most daunting challenge to South Florida’s continued international and global presence. Our attorneys have represented foreign clients domestically and domestic clients abroad, and have successfully partnered with foreign local counsel to locate and prosecute fraudsters.
Products Liability & Tort Defense Litigation The firm's broad experience in products liability has enabled it to handle a broad range of litigation arising out of claims of strict liability, negligence, failure to warn, fraud, negligent misrepresentation and breach of warranty claims. Our firm’s tort expertise encompasses all aspects of litigation in state and federal courts across the United States. Representative cases handled by our attorneys include product liability claims; toxic torts; hazardous chemical and fire explosions; boat industry matters; defense of professional malpractice claims; RICO, fraud and intentional torts; and premises liability. Our lawyers have successfully investigated, managed, directed and tried high-stakes litigation cases for multiple companies, including several Fortune 500 companies. We have also successfully argued key procedural, evidentiary and liability issues in Florida courts, including, among others, removal of state court suits to federal court; forum non conveniens issues; conflict of law issues, Daubert and Frye motions to exclude expert testimony; FIFRA preemption; application of foreign law; and state-of-the-art defenses.
Our firm’s tort defense and trial lawyers engage in daily case management essential to developing strong litigation and trial strategies necessary to achieve consistent results and address client needs. Our lawyers’ success in trial stems from decades of trial experience, combined with excellent writing skills and an in-depth knowledge of technical and scientific issues. Our lawyers work closely with in-house counsel and advise companies on liability issues before suit is filed to limit the risk of future exposure make wise cost-effective decisions and implement an effective litigation strategy. An integral part of our practice is helping clients avoid costly and uncertain litigation. We routinely advise on products liability/mass tort exposure, risk management, manufacturing issues, product recalls, loss prevention and situations calling for crisis management. Our lawyers review product claims and warranties and counsel clients on how to minimize risks under state consumer protection statutes. Due diligence presents another opportunity to protect our clients by reducing risk. We know what to look for and help determine when an acquisition target might prove to be a liability instead of a sound investment. We do more than identify significant potential exposure. By working closely with colleagues in our Business, Tax and Bankruptcy Practices, our lawyers help create corporate structures to protect clients from future product liability and other types of tort claims.
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