Kelly Pena

Counsel

T  (305) 870-7549
E  kpena@tapllc.com
in LinkedIn profile

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Ms. Pena is a commercial litigator with substantial experience representing corporate and individual clients in complex business matters, including contract and partnership disputes, business torts, violations of non-compete agreements and banking litigation, at both the trial and appellate court levels. She also has experience litigating claims arising under the Florida Deceptive and Unfair Trade Practices Act (“FDUTPA”).

In the real estate arena, Ms. Pena has extensive experience representing commercial real estate developers, as well as lenders, in disputes involving acquisition loans, construction financing, extensions, defaults, and alleged fraud.

Ms. Pena also has considerable experience representing national surety companies, managing general agents, and bail agents in the bail bond industry in connection with contract disputes and the defense of personal injury and wrongful death cases across the United States. Ms. Pena routinely counsels clients on the intricacies of agency law, as well as effective methods for limiting potential liability and effectively managing risk.

Notable Experience

Successfully defended multiple motions for summary judgment on behalf of a commercial real estate developer in an approximately $50MM dispute with its lender and ultimately secured a favorable settlement after obtaining positive rulings in connection with electronic discovery disputes

Secured positive results assisting in the defense of a national bail bond surety company and its managing general agent in wrongful death cases involving the alleged actions of fugitive recovery agents

Secured a beneficial settlement on behalf of a commercial real estate developer in an approximately $70MM dispute with its lender after successfully defeating motions for summary judgment and securing positive rulings in connection with discovery disputes

Winning final summary judgment on behalf of the president of a corporation and defeating claims based upon alleged fraudulent misrepresentation, breach of fiduciary duty and negligence

Winning final summary judgment on behalf of a lender in an approximately $3MM dispute against a borrower who defaulted on a real estate loan

Secured a final order directing the Financial Industry Regulatory Authority (“FINRA”) to expunge any and all references to a complaint from the registration records maintained by the Central Registration Depository on behalf of a financial advisor

Admitted to Practice

Florida, 2006

U.S. District Court for the Middle District of Florida

U.S. District Court for the Northern District of Florida

U.S. District Court for the Southern District of Florida

Education

BS in Business Administration (Finance and International Management), Georgetown University, Cum Laude, 2002

JD, University of Miami, Magna Cum Laude, 2006, International and Comparative Law Review

Professional Associations and Memberships

The Florida Bar, Business Law Section, Member

The Florida Bar, Trial Lawyers Section, Member

The Georgetown Club of Miami

Georgetown University Alumni Career Network, Volunteer

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