Attorney Dale James Morgado brings diverse knowledge to the firm by combining large and boutique law firm experience, with an M.B.A. and J.D., effectively counseling clients in a business, defense, and plaintiff capacity. He began his legal career clerking for Phipps P.C. more than a decade ago; only to soon join one of Boston's 50 largest law firms, Deutsch, William, Brooks, Derensis & Holland. After attending law school in Connecticut, he began practicing as an attorney at the Hartford office of the nationally recognized ERISA plaintiffs firm Moukawsher & Walsh. After moving from New England to Florida, Attorney Morgado practiced with the 170-lawyer defense firm Gunster, Yoakley & Stewart in the firm's Chambers recognized tax, ERISA and employee benefit practice group. He was also a member of the firm's corporate practice group. Attorney Morgado has focused his practice on ERISA, business, and employment law throughout his entire legal career, both from a transactional and litigation standpoint and has worked on both sides of the bench, making him one of a few practioners to gain an understanding of these practice areas from the defendant, plaintiff, and business perspective. He leads the firm when it comes to ERISA law, Wage & Hour law, class and collective actions, business litigation, and corporate law matters. In addition, he oversees the firm's Miami and Fort Lauderdale offices. In 2011, Mr. Morgado was honored to be chosen as a member of Florida Trend's “Up and Comer” in the yearly “Florida Legal Elite” rankings which nominates Florida's top attorneys. The publication recognizes fewer than 1.8 percent of active Florida Bar members in the state who are nominated by their peers as “those attorneys who are held in the highest regard and whom they would recommend to others,” according to Florida Trend.
Bar Admissions
- Florida
- Connecticut
- U.S. District Court, Middle District of Florida
- U.S. District Court, Southern District of Florida
- U.S. District Court, Northern District of Florida
- U.S. District Court, District of Connecticut
- U.S. District Court, Southern District of New York
- U.S. District Court, Eastern District of New York
- U.S. District Court, District of Colorado
- U.S. District Court, Western District of Michigan
- U.S. District Court, Eastern District of Michigan
- U.S. District Court, Eastern District of Arkansas
- U.S. District Court, Western District of Arkansas
- U.S. District Court, Northern District of Illinois
- U.S. District Court, Eastern District of Texas
- U.S. District Court of North Dakota
- U.S. Court of Appeals 2nd Circuit
- U.S. Court of Appeals 3rd Circuit
- U.S. Court of Appeals 11th Circuit
- U.S. Tax Court
Awards & Accolades
- 2011 Legal Elite Up and Comer
- Dale Morgado profiled by Daily Business Review. Read about this FLMA case.
- Dale Morgado featured in Hispanic Executive.
Representative Litigation Matters
- AlphaStaff v. Adminisolve (defense of corporation and shareholder on a non-compete contract issue)
- Barnett v. Murphy’s Paint & Body Shop (overtime Fair Labor Standards Act Litigation)
- Caporelli v. Ransom Everglades school (overtime Fair Labor Standards Act Litigation)
- Richards v. Fleetboston Financial Corp et. al. (cash balance class action litigation regarding whipsaw, fiduciary duties, 204(h) disclosure, and age discrimination)
- Martinez v. Towncare Dental Partnership, Inc. (case concerning overtime under the Fair Labor Standards act)
- Corbin v. The Hartford (ERISA litigation concerning wrongful denial of disability benefits)
- Laico v. Sunfast Safety Council (litigation concerning age discrimination in the workplace)
- Digital 1 Audio v. Atomix (litigation concerning covenant not to compete and breach of contract issues)
- Wachovia Bank v. Rubi (defense of client’s interest in a collection action)
- Pugliese v. United Tech Corp. (golden handshake litigation regarding breach of fiduciary duty and misrepresentation under ERISA 502(a)(3))
- Lopez v. Joe’s Crab Shack (litigation concerning Fair Labor Standards Act)
- Sparveri v. Town of Rocky Hill (42 U.S.C. 1983 action regarding breach of municipal pension plan terms)
- Goldberg v. United Illuminating Company (defined benefit plan claim under ERISA 502(a)(1)(B) to enforce pension plan terms)
- Rose v. City County Credit Union (overtime Fair Labor Standards Act Litigation)
- Hospital for Special Care v. Donna Abram, et. al. Doc. No. CV-07-5006097 (defense of contract collection on behalf of fiduciary)
- Rigal v. Hearthstone (litigation concerning wrongful termination and hostile work environment)
- Regan v. City of Torrington (breach of contract claim regarding medical and disability pension benefits)
- Saldana v. Stanley Steamer (defense of corporation and shareholder in wrongful termination case)
- Sublette et. al. v. FedEx, (golden handshake litigation involving breach of fiduciary duty and misrepresentation under ERISA 502(a)(3))
- Stokes v. Miami Rescue Mission (case concerning alleged unauthorized use of persons image for business purposes)
- Wade v. Armstrong Relocation (overtime Fair Labor Standards Act Litigation)
- Kajda v. SNET (severance litigation concerning fiduciary duties, misrepresentation and violation of employee fringe benefits under C.G.S. Sec. 31-76k)
- Thompson, et al. v. Linvatec Corporation, et. al (class action ERISA claim for severance benefits involving breach of fiduciary duty under 502(a)(3), violation of ERISA summary plan description requirements under ERISA Sec. 102, and benefit claims under 502(a)(1)(B))
- Arivella et. al. v. Lucent C.A. No. 08-10398, (bench trial for claim of benefits under ERISA 502(a)(1)(B), and breach of fiduciary duty under 502(a)(3))
- Lavoie v. SBC (litigation regarding serious consideration test, breach of fiduciary duty, and misrepresentation of severance plan benefits)
- Morse v. Shape (fraud, unjust enrichment, contract and civil theft action)
- Dennison v. Dick Norris Buick GMC (litigation concerning failure to accommodate religious believes under Title VII)
- In Re United States Sugar Corporation Litigation (ERISA class action against U.S. Sugar, company executives, board, fiduciaries and ESOP plan, alleging breach of fiduciary duties, breach of duty)
- Esfahani v. Dist. Board of Trustees of SFCC (Title VII action concerning retaliation and national origin)
- Slyker v. Albest Inc. (case concerning Fair Labor Standards Act)
- Blume v. Sun City Hospital (Florida Whistleblower action concerning retaliation)
- Slyker v. Albest, Inc. (Fair Labor Standards Act litigation)
- Jefferson v. State of Florida Department of Corrections (case concerning defense of State of Florida on Title VII discrimination)
- Brown v. Dodge City Inc. (case concerning Americans with Disabilities Act)
- Miller v. Florida Orthopedic Institute (litigation concerning negligence and malpractice)
- Carr v. Trugreen (Florida Whistleblower action)
- Jackson v. Advanced Pro (case concerning tortious interference with business relationships)
- Sanchez v. Tampa Family Health Centers (employment contract arbitration)
- On Assignment Healthcare v. Integrated Medical (commercial arbitration dispute)
- Pods v. S & N (representation of steel manufacture regarding declaratory relief, contract dispute)
- Michael Barreto v. Hoover Industries (collective action, FLSA violations for unpaid wages, overtime and minimum wage)
- Robert Blanton v. Bayport Inn, LLC., and Gus Giannakopoulos (FLSA violations for unpaid wages)
- Doug Brodlo v. Sysco Foodservice, Inc. (case concerning Title VII of Civil Rights Act of 1964)
- Shannon Brown v. McDonald & Insurance Co. GRJ (Florida’s Whistleblower Act for and FLSA Overtime issues)
- Tyra C. Bullock v. Grand Incentives, Inc., a Florida Corporation (Florida’s Whistleblower Act)
- Cheney v. CIGNA (ERISA disability issues and wrongful denial of benefits)
- Gary Cohen and Synergy Healthcare Communications, Inc., v. Sudler & Hennessey, LLC (breach of contract, promissory estoppel, unjust enrichment, quantum meruit, fraud in the inducement, fraud in the performance, negligent misrepresentation, conversion of trade secrets/intellectual property)
- Maria Elder v. Life Path Hospice / HPC Healthcare, Inc., (civil rights title VII, Pregnancy Discrimination Act)
- Leonard Kersellius v. Autoway Nissan of Brandon (racial Discrimination in Violation of Title, VII of the Civil Rights Act of 1964)
- Kline v. Skipper’s Smoke House (sexual harassment & discrimination based on sex in violation of Title VII of the Civil Rights Act of 1964)
- Marc Mankin v. Brandon Ford (Title VII of the Civil Rights Act of 1964)
- Mindi Mercado v. The Health Center of Hudson, Inc., d/b/a Bayonet Point Health and Rehabilitation Center (sexual harassment & discrimination, Title VII of the Civil Rights Act of 1964)
- Michael Moak v. Joa Allen Miami Beach, LLC., d/b/a Joe Allen Restaurant(discrimination and sexual harassment based on sex/sexual orientation in violation of Title VII)
- Est. of Oscar Anguiano v. ICA & DOT (Defense of State of Florida in wrongful death and negligence)
- Natalie Robinson v. Kids Hope United, Inc., & One Hope United- Florida Region, Inc (case concerning tortious interference with an advantageous business relationship, tortious interference with a contractual relationship, Florida’s Whistleblower Act, defamation)
- Bernadette Ryder v. Total Document Management, Inc. (Fair Labor Standards Act litigation)
- Raymond Wilkinson v. Certified Protective Services, LLC. (Fair Labor Standards Act litigation)
- Courtney Woods v. FedEx Freight (racial discrimination, Title VII of the Civil Rights Act of 1964)
- Christopher Buck and Joshua Gregg v. Transworld Entertainment, Corp. (case concerning Florida’s Whistleblower Act)
- Gary B. Cunnane v. Envision Lighting Systems (case concerning Americans with Disabilities Act, wrongful termination)
- John Engle Jr. v. Linvatec Corporation (case concerning Americans with Disabilities Act, wrongful termination)
- Thomas Jackson v. Advanced-Pro Communications and Kenneth W. Thompson Jr. (Fair Labor Standards Act litigation, tortious interference with an advantageous business relationship, tortious interference with a contractual relationship)
- Beaty v. Bechtel Construction Doc. (whistleblower litigation)
- Herrera v. Stepps Towing (case concerning FLSA wage and hour litigation)
- Weiss v. LandSouth Adventures (case concerning whistleblower litigation)
- Cellucci v. Nova Southeastern University (case concerning Family Medical Leave Act)
- Marrero, Barbara v. Ash Engineering (case concerning whistleblower litigation)
- Abreu v. Florida International University (case concerning wrongful termination under anti-retaliatory provisions of the Workers’ Compensation Act)
- Elder v. Life Path Hospice (case concerning wrongful termination)
- Adams v. MIMAC, LLC d/b/a McDonalds (litigation concerning overtime violation under the FLSA)
- Alpark v. Webster (litigation concerning discrimination based on national origin)
- Antomarchy v. Apple Express (litigation concerning overtime Violation under the FLSA)
- Barber v. McGuire’s Beautiful Outdoors (litigation concerning overtime violation under the FLSA)
- Bernard v. Allied Barton (litigation concerning claims of overtime violations, along with claims of discrimination based on age and violation of Florida whistleblower statute)
- Freier v. Raytheon Company (litigation concerning violation of ERISA, including fiduciary duties)
- Fulton v. Dannie Liggans d/b/a Right Now Pest Control (litigation concerning overtime violation under the FLSA)
- Godwin v. FRANKCRUM (litigation concerning overtime and minimum wage violations under the FLSA)
- Goldbaum v. Integrated Asset Services (collective action litigation concerning failure to pay overtime wages under the FLSA)
- Herrera v. Dade Federal Credit Union (litigation concerning violations under the FLSA)
- Elliot v. Stoneybrook Golf & Country Club of Sarasota, Inc. (litigation concerning tip credits, tip pools and the failure to pay minimum wage under the FLSA)
- Yates v. Sean Jacobus Company, Inc. (defense in response to litigation concerning overtime violation under the FLSA)
- Kennedy et. al. v. Richard J. Geronemus (litigation concerning violations of ERISA regarding Madoff embezzlement)
- Leafgreen v. Prince Preferred Hotels, Alamosa, LLC. & Debra Clark (litigation concerning overtime violation under the FLSA)
- Nelfroid v. M & T Transportation Inc./ Limousine of South Florida(class action litigation violation of Broward County Living Wage Ordinance)
- Paquette v. Morrissey Construction Company, Inc. (litigation concerning overtime violations under the FLSA)
- Porter v. City of Sarasota (Class action litigation concerning employee health benefits)
- Reddish v. Paragon Care, Inc (litigation concerning overtime and retaliation violation under the FLSA)
- Stewart v. USA Auto Gear (litigation concerning overtime violations under the FLSA)
- Tabora v. GC Reality Advisors et. al. (litigation concerning overtime violations under the FLSA)
- Freeman v. Key Largo Volunteer Fire and Rescue Department, Inc. (litigation concerning minimum wage and overtime violations under the FLSA)
- Vivas v. ZGA Aircraft Parts (litigation concerning overtime violations under the FLSA)
- Williams v. United States Foundry & Manufacturing Corporation (litigation concerning overtime violations under the FLSA)
- Wilson v. Miami Dade College (litigation concerning breach of contract)
- Cook v. OTH Miami, Inc. et al (litigation concerning overtime violations under the FLSA)
Representative Transactional Matters
- Merger, Combination, & Acquisitions – Work on combination between The Humane Society of the United States and Society to Prevent Cruelty to Animals of Broward County
- Corporate Tax – Work on tax research regarding sale and leaseback of 180,000 acres to the State of Florida
- Executive Compensation – 409 analysis of underwater stock options for Florida based bank
- Employee benefits – merger of nine defined benefit plans into one
- Contract – work on supply arrangement agreement between the Republic of Angola and private company concerning multi-million dollar purchase of pre-fabricated quarters
- COBRA – analysis and counsel regarding qualifying events in company mergers
- Corporate General – preparation of multiple shareholder operation agreement for construction company
