A partner at Post & Romero since 1992. He focuses on complex commercial litigation.
Robert began practicing law in 1981 in New York City. He moved to South Florida in 1989. He has tried cases and successfully argued appeals in both the State and Federal Courts of New York and Florida. He has also handled several high-profile cases in the federal district court in Puerto Rico. Robert has more than 50 published decisions in a variety of different areas of law including forged checks and unauthorized wire transfers, virtually every type of breach of contract action, Civil RICO, fidelity and financial institution bond disputes, shareholder derivative disputes and trade secret litigation.
Mr. Post believes that obtaining a thorough and complete understanding of the facts and the applicable law at the very outset of a case is critical to successful litigation. This enables counsel to formulate a strategy that focuses on what the client actually needs to prove his case and allows counsel to avoid being diverted by costly and unnecessary side issues
Education
CLARK UNIVERSITY, Worcester, Massachusetts B.A., 1977
EMORY UNIVERSITY SCHOOL OF LAW, Atlanta, GA J.D., 1980
Activities & Affiliations
Martindale-Hubbell, AV Preeminent Peer Review rated
Bar Admissions
Florida and New York Bar, U.S. District Court, Southern District of Florida, U.S. District Court, Middle District of Florida, U.S. Court of Appeals, Eleventh Circuit, U.S. District Court, Southern and Eastern Districts of New York, U.S. Court of Appeals, Second Circuit, U.S. District Court for the District of Puerto Rico, U.S. Court of Appeals, First Circuit , U.S. Claims Court.
Practice Areas
Trials and Appeals in Both State and Federal Courts
Complex Commercial Litigation
Banking Litigation
Partnership and Small Business Breakups
Fidelity and Financial Institution Bond Litigation
Non-compete agreement litigation
Trade Secret disputes
Breach of Contract Actions
Insurance Litigation
Notable Cases and Decisions
Chavez v. Mercantil Commercebank, N.A., 701 F.3d 896 (11th Cir. 2012); 601 Fed Appx. 814 (11th Cir. 2015); 2014 WL 2158417 (S.D. Fla. 2014).
Our client lost a substantial portion of his life savings when someone, without authorization, wire transferred more than $329,000 from his account. The bank denied liability. Mr. Post won at trial, and after two successful appeals to the Eleventh Circuit Court of Appeals, the client was awarded the full amount of his loss, plus interest and attorney’s fees.
Corporacion Insular de Seguros v. Reyes Munoz, 849 F. 126 (D. Puerto Rico 1994).
The firm represented an insurance company whose executive officers had engaged in a massive embezzlement scheme. We filed a Civil RICO action against the former executives, froze several million dollars in assets and later obtained summary judgment in favor of our client.
Ascot Development LLC v. Salk, 36 So.3d 682 (Fla. 4th DCA 2010).
Mr. Post represented Kenneth Salk in an action to recover commissions due him from his employer. A jury rendered a verdict in favor of Mr. Salk but the defendant limited liability company claimed it did not have sufficient funds to satisfy the verdict. Mr. Post then instituted supplementary proceedings against the principals of the company and obtained summary judgment for Mr. Salk. That judgment was upheld on appeal.
Federal Insurance Co. v. NCNB Nat. Bank of North Carolina, 958 F.2d 1544 (11th Cir. 1992).
Mr. Post filed suit on behalf of Federal Insurance Company against two banks for paying forged and counterfeited checks. At trial, the court found for Mr. Post’s client but reduced the damage award in half based on principles of comparative negligence. Mr. Post successfully appealed, and the Eleventh Circuit awarded the client all of its damages.
Romero v. Colegio de Abogados de Puerto Rico, 204 F.3d 291 (1st Cir. 2000).
Mr. Post represented a member of the Puerto Rico bar challenging, on first amendment grounds, the Bar Association’s use of mandatory dues for improper purposes. The District Court ruled in favor of the Bar Association. On appeal, the First Circuit Court of Appeal reversed and found in favor of Mr. Post’s client. The bar member was also awarded significant attorney’s fees.
Mitsubishi Motors Corporation v. Soler Chrysler-Plymouth, Inc., 105 S. Ct. 3346, 87 L. Ed. 2d 444, 53 USLW 5069 (1985).
Mr. Post’s New York firm represented an automobile dealership in Puerto Rico. That dealership filed suit against Mitsubishi Motors alleging violations of various statutes, including United States antitrust laws. Mitsubishi Motors moved to compel arbitration of the dispute in Japan. The case ultimately went to the United States Supreme Court who ruled, in a precedent setting 5 to 3 decision, for Mitsubishi. Mr. Post, then a third-year associate for the firm, authored the briefs in the First Circuit Court of Appeals and the United States Supreme Court.
Bobonis v. TRG-Brickell Point SE Ltd., 2009 WL 10699420 (S.D. Fla. 2009);
The firm represented an individual seeking to obtain the return of her condominium deposit from the developer following the housing crisis. The Developer moved to dismiss the case. After the motion was denied, the parties later reached an amicable settlement of the dispute.
Gill v. Three Dimension Systems, Inc., 87 F. Supp. 2d 1278 (M.D. Fla. 2000).
Mr. Post represented an inventor who had brought a federal securities fraud action against a venture capital firm and its principals. The Defendants moved to dismiss claiming they had not violated the securities laws. The Court denied the defendant’s motion to dismiss setting the stage for an amicable settlement of the dispute.
Rand v. Foster, 2013 WL 3350861 (M.D. Fla. 2013).
Mr. Post represented the defendant in a shareholder derivative suit. The Federal District Court granted our motion to dismiss and our client was permanently removed from the case.
Putnam Rolling Ladder Co., Inc. v. Manufactures Handover Trust Company, 74 NY 2d 340 (NY 1989).
Mr. Post represented Putnam Rolling Ladder Co. in an action against its bank for paying checks over forged signatures. Mr. Post won the case in the trial court but the verdict was overturned by the intermediate appeals court. The New York Court of Appeals then reinstated the trial court’s verdict.
Federal Insurance Company v. Honeywell, Inc., 641 F. Supp. 1560 (S.D. NY 1986).
Mr. Post’s client filed suit against a burglar alarm company for negligence in permitting what, at the time, was the largest armored car robbery in U.S. history. The Court denied the alarm company’s motion for summary judgment. The case was later amicably resolved.
Tokio Marine and Fire Ins. Co., Ltd. v. Employers Ins. of Wausau, 786 F.2d 101 (2nd Cir. 1986).
This case involved a dispute as to which of several insurance policies covered water damage to a Florida construction project. The Federal District Court found in favor of the plaintiff Tokio Marine. The Second Circuit Court of Appeals reversed and found in favor of Mr. Post’s client, Employers Insurance of Wausau.
Tuvia Convalescent Center, Inc., v. National Union of Hospitals, 717 F.2d 726 (2nd Cir. 1983).
Mr. Post represented the defendants who were alleged to have violated the ERISA statute. Mr. Post was successful in having the case dismissed for lack of subject matter jurisdiction. The Second Circuit Court of Appeals affirmed.
