Comprehensive Guide to Litigation in Boston, New York, and Miami

Legal Resource Guide: White-Collar Crime and Complex Civil Litigation in Boston, New York, and Miami

Boston, New York and Miami are cities that are not only major legal hubs but also serve as centers for significant regulatory enforcement and litigation activities. This is why Dynamis LLP maintains a physical presence (boots on the ground) in these important markets. This guide highlights key legal resources, recent developments, and insights tailored to clients in these markets.

Boston: A Hub for Regulatory Enforcement and Litigation

Courts and Jurisdictions

Boston is home to critical federal and state courts that oversee white-collar crime and complex civil cases:

• U.S. District Court for the District of Massachusetts
  Massachusetts has a single judicial district, known as the District of Massachusetts. This court sits in Boston, Worcester and Springfield. Known for handling significant financial and drug crimes, healthcare fraud, and corporate disputes. The District of Massachusetts currently has 13 active judges as well as a number of senior judges. Recent high-profile cases include insider trading investigations and opioid litigation.

• Massachusetts Superior Court Business Litigation Session (BLS)
  The BLS of the Massachusetts Superior Court is a specialized forum designed to handle complex business disputes. Established to streamline the resolution of intricate commercial cases, the BLS operates within the Suffolk Superior Court in Boston and is a preferred venue for high-stakes and legally challenging business litigation that do not fall under the jurisdiction of the federal court.

Recent Legal Developments in Boston

• Opioid Settlements: Massachusetts played a key role in multistate litigation against pharmaceutical companies for their role in the opioid crisis, with significant settlements reached in 2024.

• Cybercrime Prosecutions: The District of Massachusetts has been at the forefront of cybersecurity-related enforcement, with several indictments against hacking and phishing schemes targeting financial institutions.

• False Claims Act (FCA) Enforcement: Boston remains a hotbed for FCA litigation, particularly in the healthcare and biotech sectors.

New York: Financial and Legal Epicenter

Courts and Jurisdictions

New York's courts are highly influential, with cases often setting national precedents:

• U.S. District Court for the Southern District of New York (SDNY)
  The Southern District of New York (SDNY) is one of the most prestigious and active federal courts in the United States, with jurisdiction over cases arising in Manhattan, the Bronx, and nearby counties. Known as the "Mother Court," the SDNY is renowned for handling high-profile and complex cases, including white-collar crime, securities fraud, and commercial litigation. The SDNY is authorized for 45 United States District Judges and 15 United States Magistrate Judges, presiding over one of the highest civil caseloads in the country

• New York State Commercial Division
  The Commercial Division of the New York State Supreme Court is a specialized court that exclusively handles complex commercial litigation. Created in 1995, the Commercial Division is recognized as a model for business courts nationwide, offering expertise and efficiency in resolving sophisticated business disputes. To be eligible for filing the Commercial Division, cases must meet certain monetary thresholds, which vary by county (e.g., $500,000 in New York County), and the dispute must primarily concern commercial issues.

Recent Legal Developments in New York

• Cryptocurrency Enforcement: New York regulators and courts have pursued aggressive actions against cryptocurrency fraud, with high-profile cases involving exchange platforms and digital asset trading, such as FTX and Celsius.

• Martin Act Litigation: The New York Attorney General has utilized the Martin Act to pursue securities fraud cases, emphasizing its broad investigative powers.

• Contempt Ruling Over Rikers Island Conditions: A federal judge found New York City in contempt for failing to address violence and brutality in its jails, particularly at Rikers Island. The ruling moves the city closer to a potential federal takeover, mandating officials to collaborate on a proposal for federal receivership to improve safety and compliance.

• Securities Fraud Class Action Filings: In the first half of 2024, there were 112 new federal securities class action suits filed. Of these, 106 were standard cases alleging violations of Rule 10b-5, Section 11, and/or Section 12. The Second (New York) and Ninth Circuits saw approximately 60% of these filings. Additionally, 38% of standard cases included allegations related to missed earnings. As one example, in November 2024, GE agreed to a $362.5 million settlement in a shareholder lawsuit alleging concealment of risks in its power business. The plaintiffs claimed that GE's reliance on factoring misled shareholders about the company's financial health, leading to stock price declines. The settlement awaits approval from U.S. District Judge Jesse Furman.

Miami: A Growing Legal and Financial Hub

Courts and Jurisdictions

Miami’s role as a gateway to Latin America and its thriving financial sector (including with respect to crypto) make it a focal point for litigation:

• U.S. District Court for the Southern District of Florida (SDFL)
  The SDFL Encompasses eight divisions, including Miami, Fort Lauderdale, and West Palm Beach. The SDFL is a key forum for white-collar cases, including money laundering and healthcare fraud. As Miami serves as a gateway to Latin America, the SDFL frequently handles disputes involving foreign parties, making it a key venue for international arbitration enforcement and Foreign Corrupt Practices Act (FCPA) cases. The SDFL has 18 active Article III judges and 10 magistrate judges, with several senior judges assisting with caseloads. Judges in the SDFL are known for their expertise in handling complex litigation, especially cases with international components.

• Eleventh Judicial Circuit Court
  Florida’s state court system provides a structured framework for resolving commercial disputes. The Eleventh Judicial Circuit, based in Miami-Dade County, plays a pivotal role in handling complex business cases in Florida. The largest state trial court in Florida, this court handles complex civil cases involving international business disputes and large-scale financial claims.

Recent Legal Developments in Miami

• Healthcare Fraud Prosecutions: Miami remains a national leader in prosecuting Medicare and Medicaid fraud, often involving billions of dollars in false claims.

• Cross-Border Disputes: The city’s international ties have led to an increase in litigation involving Latin American businesses, particularly in cases of fraud and breach of contract.

• Real Estate and Investment Fraud: Miami courts have seen a rise in cases involving fraudulent investment schemes tied to the booming real estate market.

Navigating Litigation Across Multiple Jurisdictions

Litigants, both civil and criminal, need attorneys who can operate (and are comfortable doing so) in multiple jurisdictions. Dynamis is an elite litigation boutique with offices in Boston, New York, and Miami, and the Firm provides strategic counsel to manage cases involving:

• Multi-District Litigation (MDL): Coordinating defense strategies in MDLs spanning these key cities.

• Cross-Border Litigation: Handling disputes with international components, particularly in Miami’s Latin American-facing market.

• State vs. Federal Issues: Advising on strategic forum selection to align with case objectives and jurisdictional advantages.

• White-Collar criminal defense: Dynamis will battle the Government in any jurisdiction at any time.

Why Dynamis LLP?

With offices in Boston, New York, and Miami, and led by high-profile former federal prosecutors such as Eric Rosen, Dynamis LLP combines local knowledge with a national reach to deliver effective representation in high-stakes cases. We understand the nuances of each jurisdiction and tailor our approach to maximize outcomes for our clients. Contact us today to learn how we can help you navigate complex legal challenges in these dynamic markets.