Kyle T. Berglin Partner
Kyle T. Berglin was born and raised in East Quogue, New York. He was awarded a Dean’s Merit Scholarship to attend the University Of Miami School Of Law, and graduated cum laude in 2010. He received a Bachelor of Arts in History Government & Law from Lafayette College in 2007, where he participated in Army ROTC and was a member of the wrestling team and a brother of the Chi Phi Fraternity. Kyle is a partner. He regularly advises corporations, executives, and professionals on a wide range of complex litigation matters with a focus on director and officer liability, professional liability, and employment litigation. He also handles complex commercial disputes and securities, real estate, construction, personal injury, community associations, and civil rights matters. He has significant litigation and trial experience in both state and federal court. He also represents his clients in local, state, and federal proceedings before the EEOC, HUD, OSHA, NLRB, and various state and local administrative panels. Prior to joining Boyd Richards Parker & Colonnelli, P.L., Kyle served as a judicial intern to the Hon. Edwin G. Torres, U.S. Magistrate Judge, Southern District of Florida. In addition, he was a certified legal intern in the Civil Division of the U.S. Attorney’s Office for the Southern District of Florida.
ADMISSIONS, PROFESSIONAL ASSOCIATIONS AND MEMBERSHIPS
Kyle is a member of the Florida and New York Bars. He has been admitted to practice before all Florida U.S. District Courts and the U.S. Court of Appeals for the Eleventh Circuit. He is also a member the American Bar Association, the New York State Bar Association, the Dade County Bar Association, and the South Florida Chapter of the Federal Bar Association.
University of Miami School of Law, Miami, FL, Juris Doctor, 2010
Defended luxury oceanfront condominium association and members of its board of directors in connection with claims for breach of contract, tortious interference, breach of fiduciary duty, and various business torts seeking in excess of $4 million in damages, and arising out of a dispute with the condominium’s commercial hotel operator. The plaintiff claimed that the association’s board of directors had breached the condominium’s governing documents and other agreements allowing the hotel operator to manage the condominium property and that the association had interfered with its ability to conduct a commercial hotel operation on Miami Beach.
Successfully negotiated a complex settlement agreement in which the hotel assets were transferred from the plaintiff to a superior third-party operator, and the association entered into new agreements concerning hotel management, and resolved all other remaining claims on favorable terms. Secured favorable judgment on behalf of a flight school and members of its board of directors in connection with $10 million in claims for breach of contract and various business torts, including allegations of fraud, tortious interference, and deceptive trade practices arising out of the school’s relationship with an international student recruitment service and other actions undertaken to train and license student pilots. Obtained the dismissal with prejudice of all asserted claims and recovered attorneys’ fees and costs from the plaintiffs and their legal counsel. Obtained summary judgment on behalf of a luxury oceanfront condominium association and a member of its board of directors accused of violating the Federal and Florida Fair Housing Acts in connection with clients’ purported failure to maintain and renovate the condominium’s beach walk so as to provide easier access to handicapped individuals.
Secured a favorable final judgment in federal district court, including the reimbursement of attorneys’ fees and costs expended in connection with the defense of the condominium and its board president. Prevailed in the 2015 trial of a property management company accused of violating the Federal and Florida Fair Housing Acts in connection with curfew and loitering rules in effect at a homeowners association located within a high crime area of Palm Beach County. Plaintiffs contended that such rules discriminated against children and families with children and demanded a judgment against the defendant in excess of $3 million. Secured a verdict of no liability and entry of final judgment in favor of the property management company after a two week jury trial. Prevailed after a two week federal jury trial on behalf of a large well-known property management company accused of housing discrimination on the basis of disability in violation of the Federal and Florida Fair Housing Acts. Plaintiffs contended that the management company and two of its state licensed managers had failed to properly handle resident’s request for a dedicated assigned handicapped parking space.
Obtained a jury verdict of no liability in favor of the company and its managers. Obtained summary judgment in favor of a Palm Beach Country Club in a suit challenging the validity of membership vote, which approved a $4.2 million enhancement project for the club’s three golf courses. The Plaintiffs sought to halt the project and argued that the vote was invalid and because the procedures used to validate the ballots did not comply with the Country Club’s governing documents, and because the Country Club unlawfully prevented certain membership classes from voting on the project. Successfully established that the Country Club had correctly interpreted and applied its governing documents pertaining to the proper voting method and the membership classes eligible to vote on the project. On appeal, the Fourth District affirmed the summary judgment and awarded the Country Club attorneys’ fees and cost, thus preserving the lower court victory and allowing the enhancement project to proceed as planned.
Obtained dismissal with prejudice of a lawsuit seeking more than $25 million in damages against a prominent private country club located in prestigious Coral Gables, Florida, and various members of its board of directors, who were accused of breaching their fiduciary duties and wasting corporate assets in connection with a multi-million dollar clubhouse and golf course renovation and refurbishment project. Secured dismissal with prejudice of all claims brought by homeowners against their homeowners association and members of its board of directors in connection with the approval of a second story addition to their neighbor’s home. Plaintiffs alleged that the addition violated the association’s governing documents and irreparably harmed their own property value, and should not have been permitted.
Successfully obtained the dismissal of all claims and entry of an award of attorneys’ fees and costs against the plaintiffs and their legal counsel. Obtained summary judgment in favor of a condominium sub-association in the context of a dispute with the development’s master homeowners association over the sub-association’s financial obligations for payment of assessments on behalf of delinquent unit owners and their maintenance obligations for various shared common areas located in the development. Subsequently settled all remaining claims and disputes on terms deemed favorable to the client.
Defended various homeowners and condominium associations and their officers, directors, and managers before local, state, and federal fair housing agencies, in connection with claims for race, gender, religion, national origin, familial status, and disability discrimination. Obtained numerous findings of no discrimination in favor of associations and their officers, directors, and managers, and negotiated and settled problematic claims on terms that clients found favorable.
Successfully defended the City of Hollywood, Florida, from accusations of race and gender discrimination in violation of Title VII and the Florida Civil Rights Actin relation to the employment and resignation of the city’s former director of business development. Plaintiff contended that the mayor and city commissioners engaged in unlawful discrimination and harassment when they expressed dissatisfaction with plaintiff’s job performance and openly criticized her department during public city commission meetings. Completed discovery and moved for summary judgment on basis that the city officials had legitimate non-discriminatory motives for their actions, and that plaintiff could not produce any evidence that discrimination on the basis of race or gender was in any way a motivating factor of the subject criticisms. Settled claims prior to summary judgment hearing on terms that client found favorable. Defended a homeowners association accused of employment discrimination and sexual harassment in violation of Title VII in connection with the termination of a janitor’s maintenance contract. Moved for summary judgment on basis that janitor was independent contractor outside the jurisdiction of the relevant employment laws. Settled claim prior to hearing on terms that client found favorable.
Defended major employee staffing agency from FLSA claims for unpaid wages and overtime filed by a former employee and the related cross-claims for contractual indemnification that were asserted by the agency’s placement client. Settled claims with both parties on terms that the client found favorable. Defended condominium association from FLSA claim for unpaid overtime and retaliation filed by former maintenance personnel. Obtained dismissal with prejudice of all claims by showing that condominium association had less than $500k in annual revenue and was not otherwise engaged in international commerce, and thus fell outside the minimum jurisdictional thresholds for the application of the FLSA. Defended various employers before local, state, and federal administrative agencies, in connection with claims for employment discrimination based upon issues of race, gender, religion, national origin, age, and disability.
Obtained numerous findings of no discrimination in favor of employers and management, and negotiated and settled other problematic claims on terms the clients found favorable. Professional Liability: Secured favorable judgment on behalf of a title and escrow agent accused of breaching fiduciary duties in connection with a failed luxury residential real estate closing involving two former Pro Bowl members of the Miami Dolphins football team.Obtained dismissal with prejudice of all claims asserted against client and recovered an award of attorneys’ fees and costs from the plaintiffs.
Defended a licensed psychologist accused of malpractice and various other torts stemming from his allegedly inappropriate relationship with a patient. Fully investigated and litigated the case through discovery in order to determine the viability of the plaintiff’s claims and the psychologist’s defenses, and settled the dispute on terms that the client found favorable. Defended various licensed real estate appraisers in actions alleging negligent misrepresentation and fraud in connection with inflated or inaccurate real estate appraisal reports. Claims, which included allegations of misrepresented and incorrect appraisals and misrepresentations regarding borrowers’ assets, income, employment, and occupancy, were filed by various buyers and lenders amidst their attempts to recover damages from any available sources following the collapse of the Florida housing market and the national housing crisis. Negotiated various agreements to resolve and settle claims on terms that clients found favorable.
Defended licensed physician from accusations he abused a springing power of attorney and healthcare proxy in order to place his wealthy mother into an elder care facility against her will. Plaintiff’s claims, which included allegations of breach of fiduciary duty, false imprisonment, conversion, and intentional infliction of emotional distress, sought damages from client in excess of $1 million. Negotiated an agreement to resolve the lawsuit and terminate all other existing financial relationships between the parties on terms that the client found favorable.
Defended an attorney from accusations that he breached his fiduciary duties in connection with his simultaneous joint representation of two real estate investors and former business partners. The plaintiff alleged that legal advice given by the attorney to plaintiff’s then-partner conflicted with and disadvantaged his business interests, causing the plaintiff’s partner to terminate their mutual business relationship and cease any further investments.Filed a motion for sanctions against the plaintiff and his attorneys on the basis that the plaintiff and his partner had executed a valid conflict waiver in order to jointly hire the attorney, and plaintiff could not therefore maintain a claim based upon allegedly conflicting advice that the attorney gave to his former partner. While motion for sanctions was pending, successfully negotiated zero-dollar voluntary dismissal of all claims asserted against the client. Defended an attorney accused of malpractice in connection with a residential real estate closing. Plaintiff alleged that the attorney failed to obtain a survey of the subject property, which would have revealed that the residential lot was split into two parcels and the purchase agreement was insufficient to convey valid title to the entire property. Moved for summary judgment on basis that attorney had advised plaintiff to obtain survey, and plaintiff had refused to follow her lawyer’s written recommendation. Settled claim prior to hearing on favorable terms.
Successfully defended numerous attorneys with regards to Florida Bar complaints filed by former clients and opposing parties. The attorneys had been accused of ethics violations, including conflicts of interest, inadequate assistance, fraud, prohibited business transactions, and other unethical and wrongful acts that purportedly occurred during the course of various litigation and transactional matters.