JOHN C. “JACK” SHAWDE focuses his practice in two key areas: creditors’ rights/bankruptcy, and disputes arising out of the award of government contracts. In the creditor’s rights/bankruptcy part of his practice, he counsels clients on disputes arising both prior to and after a bankruptcy filing, including the exercise of remedies under the Uniform Commercial Code for clients who hold security interests or other lien claims, as well as landlords seeking possession of their leased premised and/or enforcement of statutory landlords’ liens. He also has extensive experience litigating protests of governmental contract awards, including contracts involving Miami International Airport, the Adrienne Arsht Center, the Miami Arena, and South Pointe Park.

Representative Experience

• Significant experience in floor plan financing litigation, including the exercise of state law remedies such as replevin and attachment; has obtained and executed on hundreds of writs of replevin and seizures of collateral
• Significant experience in cases brought under “assignment for the benefit of creditors” statutes
• Significant experience in cases representing receivers appointed by state courts to oversee commercial properties
• Significant experience representing both lenders and developers of commercial properties in litigation
• In a bankruptcy context, significant experience representing secured and unsecured creditors, committees, debtors and trustees
• Has conducted countless trials and evidentiary hearings before bankruptcy courts throughout the country
• Significant experience in stay relief litigation, post filing debtor in possession financing issues, plan confirmation disputes, breach of fiduciary duty claims against former officers and directors, and preference and fraudulent transfer litigation
• Mr. Shawde has substantial experience as a lead litigator for disputes arising out of the award of contracts with government at the local or state level, including contesting or defending bid awards, and disputes involving alleged violations of state sunshine laws
• His argument before Florida’s Third District of Appeals (reported in the decision MRO Software, Inc. v. Miami-Dade County, 895 So.2d 1086 (Fla. 3rd DCA 2004)) established the law in the Third District that the Miami-Dade County Commission’s award of a contract to a software company was an executive function, and not a quasi-judicial function; that legal issue arose in the context of a bid dispute under the bid protest procedures set forth in the Miami-Dade County Code