Pelayo M. Duran, Esq.
4640 N.W. 7th Street, Miami, FL 33126
(305)266-9780 | [email protected]

Profile

Highly experienced General Counsel and key member of the senior management team with a successful background of providing strategic advice which advances a client’s mission and strategic goals. An outstanding legal strategist with a broad legal background who effectively anticipates and prevents legal issues, manages risk, and ensures compliance with relevant laws and regulations. Strong strategic planning skills and demonstrated ability to collaborate with diverse teams to advance client objectives. Bilingual: Fluent in English & Spanish. Other strengths encompass:

• Decisive yet inclusive
• Ability to efficiently “read” people
• Strategic yet tactical
• Forward Thinking
• Ability to perform in complex environments
• Strong community ties and family values
• Team Builder

Education, Certifications and Licenses

Juris Doctor (1998), Nova Southeastern University, Shepard Broad Law Center, Davie, FL
Master/Graduate Certificate in Management of International Business (1995), St. Thomas University, Miami, FL
Bachelor of Science in Criminal Justice (1993), St. Thomas University, Miami, FL
Associate of Arts in Pre-Law (1991), Miami-Dade College, Miami, FL
Florida Licensed Real Estate Broker and Title Agent (Attorney Title Insurance Fund Member)
Certified US Bankruptcy Court Mediator
Certified Civil Circuit Court Mediator
Licensed Real Estate Broker

Bar Admissions

Florida Bar, Member in Good Standing (with no disciplinary proceeding or complaints) since 1998,
District of Columbia (Admitted 2021), Illinois (Admitted 2021)
US Federal and Bankruptcy Court for the Southern; Middle District of Florida; 3rd District Court of Appeals,
11th Circuit Court of Appeals

Professional and Consulting Experience

Law Office of Pelayo Duran, P.A. | Miami, FL  11/1998 -Present

Attorney at Law/Owner

Manage a high-volume full-service law firm primarily engaged in the areas of Bankruptcy, Civil Rights Litigation ADA Tittle III, Labor/Employment law representing both Plaintiffs and Defendants; businesses, general State and Federal Civil and Criminal Litigation; Real Estate and Business Transactions; Personal Injury. Handle all facets of litigation including pretrial, discovery, pleading preparation, negotiation, alternative dispute resolution and many successful jury trial verdicts work. Successfully handled over 25,000 cases in a wide variety of areas of law. Manage 10+ employees including support staff and multiple attorneys.

Civil Rights Litigation ADA Title III 

• Successfully Litigated or settled over 800 Federal Civil Rights ADA Tittle III Web Content Accessibility discrimination cases against many large national and multinational retailers who were denying access (in their Website) to visually and hearing-impaired individuals. Responsible for the implementation and ongoing Web Content Accessibility compliance supervision of over 800 Websites whose owners and/or operators have agreed either voluntarily, through settlement agreements, consent decrees or Final Judgment are obligated to remediate and maintain their website accessible to blind and deaf individual.
  

Labor/Employment Law

• Litigated all facets of discrimination cases (including appeals) in the areas of: sex/gender, age, race, religion, national origin, sexual orientation, sexual harassment, pregnancy and retaliation both under Title VII and Florida Civil Rights Act; Workers Compensation and OSHA retaliation, Florida Whistle Blower’s Act, False Claims act / Qui-Tam.
• Obtained numerous out of court and confidential settlements totaling over $30M and jury verdicts award of as much as $3.9M.
• Provide administrative level representation conducting internal investigation for employers, conducting administrative investigation and/or preparing and responding to charges of discrimination and position statements and other filing for employees and employers in the Equal Employment Opportunity Commission (EEOC), Florida Commission of Human Relation (FCRH) and Office of Human Right and Fair Employment Practices.
• Deliver seminars regarding Social Media Exposure, best employment practices, discipline, reporting of injuries, hiring, termination, discrimination, and issues related to managing the ongoing employment relationship.
• Engage in litigation prevention and, development of employee manuals, covenants not to-compete and arbitration agreements.
• Work with numerous business owners and managers in developing business strategy, resolving internal and external business problems, and planning/forecasting for the future, and Human Resources issues related to multiple facets employer liability.

• Banking/Finance Industry Experience
  • Represented multiple clients in whistleblower suits against banks in key compliance areas including Know Your Customer (KYC), Bank Secrecy Act (BSA), Anti-Money Laundering (AML), Politically Exposed Persons (PEP), Financial Institution Reform Recovery

Act (FIRREA), Suspicious Activity Reports (SAR), Office of Foreign Assets Control (OFAC), Anti-Terrorism, DOBB Franks, Real Estate Settlement Procedures Act (RESPA) and Golden Parachutes.

• Managed cases related to whistleblowers, tortious interference with advantageous business relationships, non-compete covenants, and creditor’s rights wills, trusts, liquidation and asset protection.

General Civil/Criminal Litigation

• Litigated Criminal and Civil cases, personal injury, auto accidents, medical malpractice, slip & falls, and premise liability.
• Other cases include commercial litigation, contract dispute, tortious interference, specific performance, debt collection, repossessions, and many others.

Transactional/Bankruptcy

• Handled thousands of real estate cases involving closings, refinances, lease drafting and negotiation, distressed sales, short sales, foreclosures, and bankruptcy.
• Managed hundreds of foreclosure cases, loan modifications, short sales, quiet-title actions, residential and commercial evictions.
• Oversaw thousands of bankruptcy cases, prepared bankruptcy petitions, filed cases, attend § 341 and confirmation hearings in Chapter 7, 11 and 13’s.
• Filed proof of claims, prepared reaffirmation agreements, review and calculate bankruptcy plans, Rule 2004 examinations, objections to confirmation, violations of automatic stay, and discharge injunctions, objection to claims.
• Litigated adversarial proceedings, objections to discharge, fraudulent transfers, avoidance actions, lien stripping and cram-downs.
  

Fresh Start Real Estate, LLC | Miami, FL  09/2007 – Present

Broker/Agent/Owner

Real Estate Broker specializing in the area of short sales, other distressed transactions and Broker Price Opinions (BPO).

Negotiated Resolution | Miami, FL  08/2014 – Present

Certified U.S. Bankruptcy/Civil Circuit Court Mediator 

• Certified Mediator for Loss Mitigation Mediations (LMM) and Mortgage Modification Mediation (MMM) Programs. Proficient in all DMM Portal procedures and General Civil Circuit Court Mediations.
• In-depth knowledge of Home Affordable Modification Program (HAMP) Home Affordable Foreclosure Alternative Program (HAFFA), National Mortgage and US Department of Justice Settlement Programs.
• Extensive experience with Amortization Schedules, Principal Forgiveness/Reduction Programs, Net Present Value (NPV), Gross Monthly Income (GMI), and Property Tax and Insurance Escrow Analysis, mortgage cures, lien stripping and cram-downs.

Legal Clerkships/Internships

Law Clerk, U.S. Securities & Exchange Commission | Miami, FL (01/1998 – 05/1998)
Legal Intern, Baker & McKenzie | Caracas, Venezuela (Summer 1997)
Legal Intern, Public Defenders Office (11th Judicial Circuit) | Miami, FL (08/1992 – 12/1992)

Prior Corporate Experience

Tribune/Sun-Sentinel/Exito Magazine | Miami, FL (11/1993 – 12/1995)
Account Executive 

Satellite Factory | Miami, FL (06/1993 – 08/1994)
Sales Manager

Sun-Bank Miami N.A. | Coral Gables, FL (05/1989 – 06/1992)
Teller & Customer Service Representative

Banco Latino International | Miami, FL (06/1988 – 04/1989)
Letters of Credit Document Examiner