Darryl Graham is a federal and state litigation practitioner, and regularly arbitrates domestic and international disputes before the American Arbitration Association (AAA), International Centre for Dispute Resolution (ICDR), and International Chamber of Commerce (ICC). His nationwide trial and arbitration experience includes prosecuting and defending matters involving general commercial litigation, antitrust, product liability, real estate, hospitality, construction, and intellectual property claims. Darryl has tried cases to verdict in both state and federal court, as well as full merits hearings in arbitration, and has secured multi-million dollar verdicts awarded by jury and arbitral panels.
In addition to his practice, Darryl has also served as an adjunct professor at the University of Miami and Miami-Dade College. Prior to joining Akerman, he served as a clerk to the Honorable Edwin G. Torres, U.S. District Court, Southern District of Florida.
People
Darryl R. Graham
Partner, Litigation
Notable Work
Represented owner of Trump-branded and managed hotel in Panama at the very outset of the Trump presidency in (i) terminating the Trump hotel management agreement; (ii) removing Trump Hotels from the management and branding of the hotel; (iii) successfully defeating Trump Hotels’ attempt to enjoin the termination before the International Chamber of Commerce (ICC); and (iv) successfully defending a subsequent ICC arbitration in Panama.
Represented the manager of a new, luxury hotel in the Bowery neighborhood of Manhattan after the owner used the pandemic to remove the hotel manager and convert the property into a homeless shelter. Successfully prosecuted the hotel manager’s wrongful termination claims in an expedited proceeding before the International Chamber of Commerce (ICC), which awarded the client over $10 million in damages as well as injunctive relief barring the owner from continuing to use the hotel manager’s trademarks.
Represented the owner of a 35,000 square foot corner retail unit on Lexington Avenue in enforcing its lease against The Gap, Inc., which made a corporate-wide decision to stop paying all rent in the face of the COVID-19 pandemic. In a first-of-its-kind decision, the District Court of the Southern District of New York rejected The Gap’s force majeure defense, holding The Gap liable for holdover rent under the lease. Gap Inc. v. Ponte Gadea New York LLC, 524 F. Supp. 3d 224 (S.D.N.Y. 2021).
Represented the nation’s leading provider of automated commissary management services and technologies to correctional facilities nationwide against alleged breach of contract and tort claims by a putative class composed of current and past inmates incarcerated in correctional facilities throughout Florida regarding their claims over the alleged purchase, use, and ownership of music (mp3s and music players). Secured dismissal of lawsuit at the pleading stage before discovery or certification of the class. Rodriguez v. Keefe Commissary Network, LLC, et al., No. 19-14137, 2019 WL 11624312 (S.D. Fla. Oct. 31, 2019), r & r adopted, 2019 WL 11623933 (S.D. Fla. Oct. 31, 2019).
Represented a national window and door replacement part distributor against a former employee charged with civil theft and misappropriation of trade secrets and secured a $1.5 million award against the former employee after a weeklong jury trial in the Eleventh Judicial Circuit, Miami-Dade County, Florida. Subsequently per curiam affirmed by the District Court of Appeal, Third District. Ortiz v. Strybuc Replacement Hardware, LLC, 247 So. 3d 492 (3d DCA 2018).
Represented the Trustee of the U.S. holding corporation debtor in breach of fiduciary duty and related causes of action against the debtor’s officers, directors, and controlling shareholder. Case involved multi-million dollar claims in which there were related proceedings in Israel. Tried the case before a jury in the U.S. Bankruptcy Court, Southern District of New York.
Represented the Trustee in connection with the prosecution of a fraudulent conveyance action against the debtor and various non-debtor affiliates, including family members and related entities. The matter involves the unravelling of a fraudulent scheme designed to protect the debtor’s assets from his creditors. The matter included related district court litigation by investors and shareholders against the debtor, his family members, and related entities and other insiders regarding a $100 million transaction from the sale of the debtor’s business to a major retailer.
Represented a Fortune 1000 public company and its subsidiary in multiple matters emanating from whistleblower allegations of corporate fraud and corruption.
Represented a Brazilian technology company in a fraud and product liability action seeking in excess of $100 million against a global computer company in the Northern District of California.
Represented a large cigar manufacturer in defending $90 million antitrust and related tort and contract claims in the Central District of California.
Represented a New York-based limousine company in anonymous whistleblower investigations.
Represented various doctors in disputes over the sale of their medical practices and claims relating to non-compete and restrictive covenants.
Represented a global medical device company in defending claims for various manufacturing and design defects.
Represented an international hotel brand relating to a property on Miami Beach, Florida in a nuisance dispute brought by a neighboring residential building that threatened to prevent the hotel from opening.
Represented one of the largest U.S. retailers in a specific performance and injunction case that threatened the completion and opening of a new, multimillion-dollar retail property.
Represented medical laboratories against a national insurance company for various payment related claims, including ERISA claims.
Represented a Brazilian hardwood flooring manufacturer in various product liability lawsuits alleging manufacturing defects in various states including Minnesota, Texas, Florida, and New York
Related Professional Experience
- University of Miami, Adjunct Professor, 2015-2018
- Introduction to Business Law
- Miami-Dade College, Adjunct Professor, 2012-2014
- Business Law I
- Legal Research
- Law Clerk to the Honorable Edwin G. Torres, U.S. Magistrate Judge, U.S. District Court, Southern District of Florida, 2011-2013
Affiliations
- Chartered Institute of Arbitrators (CIArb)
- New York City Bar Association (Hospitality Law Committee, International Law Committee), Member
- Arbitration Committee, Past Member
- American Bar Association, International Law Section, Member
- International Bar Association, Member
- International Law Association, American Branch, Member
Honors and Distinctions
- Best Lawyers, 2021-2025, Listed in New York for Commercial Litigation
Published Work and Lectures
- New York City Bar, Co-Author, "The Functus Officio Problem in Modern Arbitration and a Proposed Solution," April 2021