Dale J. Morgado
Managing Partner - Miami Office
Practice Group Leader
Attorney Dale James Morgado brings diverse experience 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 140-lawyer defense firm Gunster, Yoakley & Stewart in the firm’s Chambers recognized ERISA and Employee Benefit 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 and certain employment, class actions, business litigation, and corporate law matters and oversees the firm's Miami and Fort Lauderdale offices.
Education
Doctorate in Jurisprudence (J.D.)
University of Connecticut School of Law
Masters in Business Administration (M.B.A.)
University of Massachusetts
Bachelors of Business Administration (B.S.B.A.)
Suffolk University
Practice Areas
ERISA
Employee Benefits
Class Actions
Fiduciary Litigation and Counseling
Employment Law
Labor Law
Corporate Law (transactional and litigation)
Commercial & Business Litigation
Tort litigation
Workers' Compensation
Published Works
Author of “Economic Consequences to Companies, States, and Municipalities Sponsoring Pension Plans from the Recent Market Losses and Potential ERISA Fiduciary Liability to Investment Advisers that Follow.” April 2009 Employee Benefit Plan Review
Author of “The Death Tax – How Will Obama’s Tax Plan Affect Your Estate Plan.” Published in December 2008 LeMieux Report
Co-Author of “Blessings Point to Cash Balance Prosperity for Interested Advisers.” Published in the September 2008 Employee Benefit Adviser
Author of “Sell it But Don’t Overstate it Unless You Want to Get Sued: When Does ERISA Liability Attach.” Published in the July 2008 Employee Benefit Adviser
Co-Author of “The Pension Protection Act Brings Sweeping Changes.” Published in the 2007 Connecticut Bar Association Employment Quarterly Vol. 13 Issue 2
Co-Author of “A Federal Agency Says You Are Disabled…And A District Court Agrees, The Relevance of Social Security Disability Findings in ERISA Disability Insurance Benefit Litigation.” Published in the 2007 Connecticut Bar Association Employment Quarterly Vol. 13 Issue 3
Contributor to American Bar Associations Subcommittee on Benefit Claims and Individual Rights for 2007 Mid-Winter Report of Claims Procedures and Remedies for Procedural Violations
Bar & Court Admissions
The Florida Bar
The Connecticut Bar
The United States Tax Court
Middle District of Florida
Southern District of Florida
District of Connecticut
Southern District of New York
U.S. Court of Appeals, Eleventh Circuit
Past or Present Professional Associations and Memberships
American Bar Association
Dade County Bar Association
American Society of Pension Professionals and Actuaries
The Greater Fort Lauderdale Tax Council
Connecticut Bar Association
Connecticut Trial Lawyers Association
Broward County Bar Association
Florida Bar Association
Hartford County Bar Association
Representative Litigation Matters
Richards v. Fleetboston Financial Corp et. al. , 3:04-cv-01638, (cash balance class action litigation regarding whipsaw, fiduciary duties, 204(h) disclosure, and age discrimination)
Pugliese v. United Tech Corp. , 3:06-cv-01013, (golden handshake litigation regarding breach of fiduciary duty and misrepresentation under ERISA 502(a)(3))
Sparveri v. Town of Rocky Hill, 3:05 -cv-00376, (42 U.S.C. 1983 action regarding breach of municipal pension plan terms)
Goldberg v. United Illuminating Company, 3:06 -cv-01358, (defined benefit plan claim under ERISA 502(a)(1)(B) to enforce pension plan terms)
Hospital for Special Care v. Donna Abram, et. al. , Doc. No. CV-07-5006097 (defense of contract collection on behalf of fiduciary)
Regan v. City of Torrington, Doc. No. CV-07-5005888-S, (breach of contract claim regarding medical and disability pension benefits)
Sublette et. al. v. FedEx, Doc. No. 04-3013 Ma/P, (golden handshake litigation involving breach of fiduciary duty and misrepresentation under ERISA 502(a)(3))
Kajda v. SNET, Doc. No. CV-07-5010107-S (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., Doc. No. 06-cv-404 (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, Doc. No. 3:04-cv-1116, (litigation regarding serious consideration test, breach of fiduciary duty, and misrepresentation of severance plan benefits)
Morse v. Shape, Case No. 09-014965 (fraud, unjust enrichment, contract and civil theft action)
In Re United States Sugar Corporation Litigation, Case No. CV- 08-80101 (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 Case No. 09-14215 (Title VII action concerning retaliation and national origin)
Slyker v. Albest Inc. Case No. 8:10-CV-656 (case concerning Fair Labor Standards Act)
Blume v. Sun City Hospital Case No. 09-16755 (Florida Whistleblower action concerning retaliation)
Slyker v. Albest, Inc. Case No. 8:10-CV-00656-VMC-EAJ (case concerning Fair Labor Standards Act overtime issues)
Jefferson v. State of Florida Department of Corrections, Case No. 8:08-CV-01337-JSM-AEP (case concerning defense of State of Florida on Title VII discrimination)
Brown v. Dodge City Inc. Case No. 8:09-CV-2487 (case concerning Americans with Disabilities Act)
Miller v. Florida Orthopedic Institute Case No. 09:-9813 (litigation concerning negligence and malpractice)
Carr v. Trugreen Case No. 09-CA-511 (Florida Whistleblower action)
Jackson v. Advanced Pro 5:10-CV-00210(case concerning tortitous interference with business relationships)
Sanchez v. Tampa Family Health Centers Case No. 002-CIV-KNO (employment contract arbitration)
On Assignment Healthcare v. Integrated Medical Case No. 33-193-00052-10 (commercial arbitration dispute)
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
