Raquel (Rocky) A. Rodriguez

Business Litigation Experience

• Represented flag carrier of the Dominican Republic, Dominicana de Aviacion, and the government’s state holding company, CORDE, obtaining reversal on appeal of a default judgment based on the trial judge’s failure to follow the requirements of the Foreign Sovereign Immunities Act. Compania Interamericana de Export-Import, S.A. v. Compania Dominicana de Aviacion, 88 F.3d 948, 951 (11th Cir. 1996)
• Co-counsel for Russian Federation, United Aircraft Manufacturing Corporation, Sukhoi Company, Sukhoi Civil Aircraft, and Irkut Corporation, in obtaining reversal on appeal of a denial of motion to dismiss based on the Foreign Sovereign Immunities Act. Butler v. Sukhoi Company, 579 F.3d 1307 (11th Cir. 2009)
• Represented proprietary airline computer reservation system on national basis in breach of contract actions against travel agencies for premature termination of system contracts and failure to pay termination fees
• Represented Venezuelan bank guarantee fund in U.S. litigation on behalf of intervened bank against absconding former bank shareholder/officer who breached fiduciary duties depriving bank of millions of dollars in assets
• Represented consulate in connection with consular immunity under Vienna Convention on Consular Relations
• Represented Chinese-based exporter in letter of credit dispute with U.S. bank
• Represented high net worth individuals in seeking or defending against temporary restraining orders against funds in U.S. bank accounts pursuant to foreign court decrees
• Represented chairman of public entertainment conglomerate in suit against United States Department of Justice to enjoin service of Chilean Letters Rogatory pursuant to Inter-American Convention on Letters Rogatory
• Represented developer in defense of claim for breach of oral contract and fraud by employee who claimed a partnership interest in Southwest Florida residential development (settled for four percent of initial demand after cross-examination of plaintiff in jury trial)
• Represented bank in lender liability action by borrower alleging fraud and breach of contract against bank resulting in involuntary dismissal of counterclaims and foreclosure judgment against borrowers and guarantors in bench trial
• Represented manufacturer in jury trial against distributor, obtaining involuntary dismissal of fraud and punitive damage claims by distributor against manufacturer as well as a jury verdict in favor of manufacturer for breach of contract and indebtedness
• Co-counsel in obtaining involuntary dismissal of a claim by a buyer of real property against the seller for fraud in the inducement. Tolin v. Semco Properties, Inc., 507 So. 2d 781 (Fla. 3d DCA 1987)
• Represented seller in obtaining judgment on the pleadings striking fraud claim as a sham by buyer of real property
• Represented Spanish-language radio network in obtaining dismissal of federal constitutional rights claim by former head of Cuban National Air Force, who claimed radio personalities had encouraged his mistreatment for advocating normalization of relations with Cuba; also obtained Rule 11 sanctions against plaintiff’s counsel
• Co-counsel for major petroleum marketer in defense of a putative class action suit by Florida boat owners alleging damage to fuel tanks and systems from use of ethanol-blended gasoline; class certification was denied
• Co-counsel for advocacy group in putative class action suit alleging peer-to-peer text messages  violated the Telephone Consumer Privacy Act (TCPA); case settled before class certification
• Represented numerous U.S. and foreign companies and individuals in banking, real estate, and business disputes

Arbitration Experience

• Party-appointed arbitrator in investor-state treaty arbitration at Permanent Court of Arbitration
• Represented respondent in AAA arbitration involving commission dispute
• Co-counsel in AAA involving wrongful death claims by survivors of security contractors murdered in Iraq

Election Law Experience

As General Counsel to Governor Bush:

• Worked with the Division of Elections on numerous issues relating to voter registration, provisional ballots, felon-voting, voter databases, electronic voting, recount procedures and election management
• Supervised and participated in the Gubernatorial suspension and Senate removal of former Broward County Supervisor of Elections Miriam Oliphant, the first time in recent Florida history in which the Senate removed an election supervisor suspended by a Governor for incompetence
• Worked closely with the Division of Elections and local election supervisors, local elected officials and utilities in ensuring that voting sites could be promptly restored or replaced to conduct municipal elections in the wake of extensive power outages and hurricane damage in 2005

In private practice:

• One of the lead attorneys representing the Republican Party of Miami-Dade County during the 2000 Presidential Election recounts before the Miami-Dade Canvassing Board and the state courts
• Local counsel for the Republican Party of Florida – 2008 General Election
• Local Counsel for Republican Governors Association – 2010 General Election
• State Campaign Counsel for Romney-Ryan Presidential Campaign – 2012 General Election
• Jeb 2016, Inc. Corporate Secretary and outside counsel on public financial disclosure and other issues – 2016 Republican Primaries
• Local counsel for National Republican Congressional Committee and National Republican Senatorial Committee – 2016 General Election
• Counsel for Republican candidate for US House District 26 Maria Elvira Salazar in 2018
• Local counsel for National Republican Senatorial Committee – 2018 General Election
• Represented bipartisan voters seeking to intervene in 2012 federal court challenges to Florida’s voting laws, including the removal of non-citizens from the voter rolls and the legislature’s modification of Florida’s early voting laws
• Represented RPOF and the Miami-Dade Republican Party in 2008 appeal regarding party’s right to require loyalty oath for party offices

Government Advocacy and Regulatory Experience

• Provide legal and strategic counseling on qualification under and compliance with the Florida banking code as it affects the marketing of international trust services in Florida
• Favorably resolved federal and state beverage administrative complaints against wholesaler alleging false labeling and violation of beverage laws, saving the importer’s licenses and paying only minimal (state) or no (federal) penalties and taxes based on presentations to federal and state regulators after investigation of allegations
• Obtained withdrawal of cease and desist notice by state healthcare regulator against ambulatory surgical center within a week of its execution based on aggressive contacts with agency demonstrating unreasonableness of and lack of authority for agency action
• Successfully represented explosives manufacturer in resolving violation notice from state fire marshal regarding proper documentation of deliveries 
• Successfully obtained reversal by state healthcare regulator of decision not to process application for change of ownership of home healthcare agency by showing regulator how forms and requirements were unauthorized unadopted rules
• Co-counsel in defense of international infrastructure and engineering firm in sanctions proceeding by Inter-American Development Bank, resulting in minimal sanctions as a result of the thorough investigation performed on behalf of the client and the client’s candor in addressing the situation
• Co-counsel in representing president of telecommunications company owned by Latin American government before U.S. Embassy in successfully preserving U.S. visa in face of smear campaign alleging corruption
• Counseled publicly traded biotech company with respect to Florida healthcare and clinical laboratory regulations

Economic Development

• Lead lawyer for the State of Florida Governor's Office on over $1.5 billion in state and local incentive deals involving Florida biotechnology sector, including conceived the structure, co-wrote the legislation, and negotiated the contract terms for the award and oversight of $310 million in state incentives to The Scripps Research Institute   
• Developed the strategy and structure for obtaining nearly $200 million in state and local incentives for the Max Planck Society, one of the leading scientific research institutes in the world in the establishment of the Max Planck Florida Institute for Neuroscience in Jupiter, Florida
• Negotiated terms of grant agreement for $60 million in state incentives for establishment of non-profit scientific research institute in Port St. Lucie, Florida
• Advised clients in the financial industry, medical device and alternative fuels industries  with respect to economic incentive programs
• Advised Consulate General of Israel in establishment of Israel-Florida Business Forum to promote trade and investment between Israel and Florida

Lobbying

• Successfully led multi-year effort to change Florida international banking laws to create new section in Chapter 663 allowing qualified limited service affiliates
• Secured $3 million appropriation for pilot research project in state budget
• Obtained amendment of Florida insurance laws to permit back-office operations of international health insurance companies in state without certificate of authority
• Obtained amendments limiting scope of bill seeking to restrict application of foreign law in certain cases; bill ultimately did not become law
• Part of volunteer team that successfully advocated for amendments to Florida’s international arbitration laws

Selected Government and Internal Investigations

• As General Counsel for Governor Bush, investigated harassment allegations against a state agency head, which resulted in his termination
• As General Counsel for Governor Bush, investigated circumstances of bid award by local transportation authority, which resulted in withdrawal of award and audit by State Auditor 
• Conducted internal investigation for audit committee of not-for-profit hospital involving possible diversion of pledge from donor
• Conducted internal investigation of entity to verify compliance with regulatory requirements
• Obtained favorable resolution for national prepaid debit card company of Florida Attorney General investigation of debit card industry with respect to allegations of unfair and deceptive trade practices
• Represented hospital system in state and federal Medicaid fraud investigation by Statewide Prosecutor, resulting in no further action
• Represented medical doctor before state medical board in defense of allegations that doctor improperly and excessively prescribed medication to patients, resulting in finding of no probable cause

Municipal Litigation

• Defeated injunction and obtained summary judgment in favor of Clerk of City of Miami in injunction action seeking to remove strong mayor referendum from 2018 general election ballot
• Defeated injunction and obtained dismissal of action by neighborhood group seeking to invalidate City of Miami’s license for 2019 Ultra Music Festival on Virginia Key