An experienced securities and

    business lawyer based in South Florida

    with a passion for practicing law.


    Richard E. Brodsky



    4000 Ponce de Leon Boulevard, Suite 470

    Coral Gables, Florida 33146

  • I've been practicing law since 1973.

    Here are some highlights of my career (so far).

    Denver International Airport

    I represented the engineering firm that acted as the Project Manager for the design and construction of Denver International Airport in an SEC investigation.


    The investigation concerned whether DIA was financed by bonds. When the opening was delayed because of problems with the automated baggage handling system, the SEC began an investigation into whether my client committed fraud in the Official Statements provided to investors in bonds issued to finance the project.


    The alleged fraud had to do with the feasibility of the proposed revolutionary automated baggage handling system. Ominously, when the malfunctioning of the system caused Denver to delay opening the airport, the SEC's Chairman publicly labeled DIA the "poster boy for municipal securities fraud."


    All of the underwriters pointed the finger at my client.


    I visited the airport, studied the facts, and proved to the SEC Staff that the Airport could have opened on time with the backup traditional "tug-and carriage" baggage handling system, and that my client acted in total good faith in saying, two years before, that the automated system could work.


    The result: the SEC closed the investigation. There was no enforcement action against anyone--my client, the City and County, or the underwriters.


    So much for the SEC Chairman's "poster boy for municipal securities fraud"!

    Madoff Fraud

    An international bank with an office in Miami recommended that its wealthy Latin American clients invest hundreds of millions of dollars in a U.S.-based "feeder fund" that existed solely to place money (after taking its healthy percentage) with Bernard L. Madoff Investment Securities, Inc. Madoff claimed to achieve spectacular results investing in S&P 100 stocks--missing almost every single market drop over a nearly 20-year period. After the Madoff "system" was revealed to be a fraud, many of these Latin American clients sued the bank, claiming that they should have been aware of the risk that Madoff's claimed results were too old to be true.


    The bank was represented by a renowned Wall Street law firm. They got the cases transferred to their home turf--New York City--for pre-trial proceedings, and then proceeded to fight the plaintiffs over every inch of the terrain for more than six years. They made every motion they could think of, made the plaintiffs fight for discovery, and, in general, tried to make the plaintiffs give up out of weariness.


    There were about 50 different plaintiffs represented by 9 different lawyers. I represented 3 affiliated investors from the Dominican Republic. The plaintiffs' lawyers chose me to be "Liaison Counsel." I was primarily responsible for developing our legal strategy and for doing everything from legal research and brief-writing to deposition taking and defending to arguing in court.


    Eventually we defeated the bank's motion for summary judgment--meaning that the bank faced jury trials in Miami. Immediately, the bank sued for peace. Every case settled.

    ESM Government Securities

    A tiny government securities dealer in Ft. Lauderdale pulled off one of the biggest securities frauds in history with the assistance of a partner in its CPA firm, a major national firm. Cities and counties that had parked funds with the securities dealer lost over $300,000,000.


    Within minutes of the end of the fraudulent scheme, I was called by both the crooked auditor and the firm's general counsel to represent the firm. (The firm and its GC did not know that its partner had helped perpetuate the client's fraud or that he was calling me.)


    The ESM Government Securities fraud became national front page news and was my constant preoccupation for three years. I convinced the U.S. Attorney's Office not to indict the firm (the crooked partner pled guilty and went to prison for ten years). I convinced the Florida Board of Accountancy not to disturb the firm's license, or that of a number of people at the firm who worked on the audits but did not know of their partner's participation in a fraud. I negotiated the settlement of the SEC investigation, in which the firm's ability to practice before the SEC was preserved. I helped litigate the dozens of civil actions that were settled within the firm's liability insurance.


    Most importantly, my client--composed of hundreds and hundreds of dedicated accountants not involved in this fraud--survived and thrived.

  • Is every case I do a "Big Case"?

    No, but I've seen just about everything.

    I've defended several large accounting firms and financial institutions, as well as small businesses and individuals, and I've sued them, as well.


    I've represented many people and companies involved in SEC and FINRA investigations and litigation.


    I have experience in all sorts of business disputes.


    I've tried cases in both federal and state courts.


    I'm not afraid of facing large institutions represented by armies of lawyers. I've done it.


    Perhaps that's why I have been recognized by my peers in ranking after ranking of leading lawyers--AV® Preeminent™ rated by Martindale-Hubbell, recognized by

    Chambers and Partners, Best Lawyers in America, Super Lawyers,

    The South Florida Legal Guide Top Lawyers, Best Law Firms (U.S. News & World Report).







  • So is it love or money that

    keeps me practicing law?


    I think it's L O V E.



    I love being a lawyer.


    Some of the things I love about being a lawyer:


    Caring about my clients

    Facing difficult challenges

    Rigorous thinking

    Intellectual honesty

    Hard work

    Figuring things out




    And if you ask "Who cares whether

    you love being a lawyer?",

    I ask "Would you go to a doctor

    who doesn't love practicing medicine?"

  • Here's how I practice law.


    I give my all to my clients. I think about their cases all the time. Clients want and deserve a passionate advocate.

    Relentlessness and realism

    I fight hard for my clients, but to represent a client effectively you must be realistic. Every case has two sides. You've got to understand the strengths of the opponent's case and find out how to overcome them.


    Litigation is a means to an end: a good result for the client. Usually, a good settlement is better than rolling the dice. But how to get to a good settlement? A lawyer must prepare to fight to the end. From Day One, work towards figuring out a path to victory and relentlessly pursue it. That's how a good settlement comes within reach.


    I make certain that the judge or the regulator--and the other side-- all understand that if I tell them something, they can take it to the bank. And I also don't sugarcoat things for my clients. Being a passionate and effective advocate does not mean being a mere cheerleader.


    Any lawyer can be a bully or a loudmouth. But smart people see through such behavior and discount anything that the lawyer says.


    I've always found that "the truth and nothing but the truth" is a far more powerful weapon than bluster.

    Financial side of things

    My profession is my business. But I don't view my client's case as my business opportunity. I work with my clients to arrive at a fee and billing structure that meets both their needs and fits their budget...because I know what it's like to make a payroll.

  • And don't be afraid to use

    a solo practitioner.

    Don't hire one if your case is so big you need an army of lawyers.


    Few cases truly need an army of lawyers. For those cases, I'm not your lawyer.

    But even if there's a lot of money at stake, you can safely use an experienced solo practitioner.


    Firms with lots of associates and junior partners may be tempted by their economic model to use as many lawyers on your case as they can.


    Maybe you'll get better work from that firm than from an experienced solo. Who knows? But you'll probably pay more and you may be dealing with lawyers you never heard of.


    But when you hire an experienced solo practitioner as your lawyer, you'll be dealing only with the lawyer you hired, and no one else will be billing time on your case.

  • So you want to know something personal?

    I was born in Providence, Rhode Island in 1946. My dad was a lawyer and my mom an English teacher. I graduated from Brown University in 1968 and Harvard Law School in 1971.


    I've been married to Peggy since 1972. She's a lawyer, too. We have two grown children, Jane and Ben. Each went to law school and married law school graduates. See a trend here?


    My legal career started in 1973 in Washington, D.C. at the SEC Division of Enforcement. We moved to Miami in 1981, and I've been in private practice--in small, medium and large (international) firms--since.


    I've been a solo practitioner most of the last 23 years. I prefer being my own boss and being able to focus my practice on one thing--serving my clients as effectively and cost-efficiently as possible.


    For fun, I follow politics, read a lot, and play golf. Peggy and I love to play with our grandchildren and travel.


    I am active in civic affairs. I've been a member of the City of Miami's Finance Committee since 2012.


    I also do a blog, focusing on the law, politics and baseball. It's called http://www.splendidspitter.blogspot.com. It's named (loosely) after my boyhood hero, Ted Williams.