Practice Areas:

Florida Appellate Attorney

Mathew D. Gutierrez is The Ferraro Law Firm’s appellate practitioner. In this role, Mr. Gutierrez is responsible for every aspect of the firm’s appellate practice, which spans all levels of Florida’s state and federal courts. He also provides the firm’s trial lawyers with litigation and brief-writing support and advises them on preservation of error issues.

Prior to joining The Ferraro Law Firm, Mr. Gutierrez spent more than four years as a litigator at one of the largest multi-national defense firms in the country (Am Law 50). In that capacity, Mr. Gutierrez represented clients in high-stakes corporate litigation, with a particular emphasis on appeals, contractual and partnership disputes, federal securities law claims, and First Amendment litigation. His clients included Fortune 50 corporations, financial institutions, major political parties and candidates, hospital systems, brokerage firms, developers, and manufacturers.

Mr. Gutierrez began his post-law school career as a judicial law clerk to Judge Leslie B. Rothenberg at the Florida Third District Court of Appeal. As an appellate law clerk, Mr. Gutierrez researched and analyzed contested legal issues, presented written and oral case recommendations to judges, and drafted legal memoranda and proposed opinions for publication. During his clerkship, Mr. Gutierrez also served as Moot Court Coach at the University of Miami School of Law.

Mr. Gutierrez earned his law degree from Emory University School of Law (J.D., with honors, 2011), where he was a research assistant to Dean Robert A. Schapiro. During law school, he also served as an intern at the United States District Court, the United States Attorney’s Office, the Fulton County District Attorney’s Office, and the Fulton County Superior Court. Mr. Gutierrez received his undergraduate degree in English literature from the University of Miami (B.A., 2008).

Mr. Gutierrez is admitted to practice in Florida and the District of Columbia.

He is conversational in Spanish.

Education

  • J.D., With Honors, Emory University School of Law, Atlanta, Georgia, 2011
  • B.A., English Literature, University of Miami, Miami, Florida, 2008

Bar Admissions

  • Florida, 2011
  • District of Columbia, 2014
  • United States District Court for the Southern District of Florida, 2013
  • United States District Court for the Middle District of Florida, 2014
  • United States District Court for the Northern District of Florida, 2014
  • United Stated District Court for the District of Columbia, 2014

Professional Associations

  • Dade County Bar Association, Appellate Court Committee
  • Transportation Lawyers Association

Case Results

Appeals

  • Obtained reversal in a case before the U.S. Court of Appeals for the D.C. Circuit on behalf of a corporation in a high-profile First Amendment lawsuit against the Internal Revenue Service (IRS) and certain of its directors concerning their discrimination against conservative organizations seeking tax exempt status on the eve the 2012 elections. See True the Vote, Inc. v. IRS, 831 F.3d 551 (D.C. Cir. 2016).
  • Obtained reversal in a case before the Florida Fourth District Court of Appeal on behalf of a Florida-based trucking conglomerate alleged to have defaulted on a multi-million dollar loan. See Summitbridge Credit Investments III, LLC v. Carlyle Beach, LLC, __ So. 3d __, 2017 WL 1718828 (Fla. 4th DCA May 3, 2017).
  • Obtained denial of a Petition for Writ of Certiorari in a case before the Florida Third District Court of Appeal (Case No. 3D16-0751) on behalf of developers in litigation involving the sale of commercial property in Miami Beach, Florida valued at approximately $60 million.
  • Successfully represented a national insurance brokerage in an appeal before the Florida Fifth District Court of Appeal (Case No. 16-3811) relating to the brokerage’s alleged raid of a competitor’s employees and their multi-million dollar books of business. After briefing was concluded, the lawsuit was resolved by a favorable out-of-court settlement.
  • Obtained reversal, in an administrative appeal, of the United States Department of Agriculture’s (USDA) three-year disqualification of a Florida-based supermarket from the federal food stamp program (SNAP), which jeopardized over $20 million in revenue.
  • Successfully represented a Florida-based supermarket in an appeal before the Florida First District Court of Appeal (Case No. 13-0248) relating to the Florida Department of Health’s disqualification of the supermarket from Florida’s Women, Infants, and Children (WIC) food subsidy program, which could have triggered a reciprocal disqualification from the federal food stamp program (SNAP). After briefing was concluded, the appeal was resolved by a favorable out-of-court agreement which avoided a reciprocal SNAP disqualification.

Litigation

  • Successfully represented a former executive of a Florida-based, publicly traded corporation in separate lawsuits brought by the Securities and Exchange Commission (SEC), the corporation, and its shareholders involving an alleged securities fraud that caused a $2 billion loss in the company’s market capitalization.
  • Obtained dismissal of numerous putative class action lawsuits filed by stockholders of a Florida-based, publicly traded company accused of engaging in securities fraud during a proposed acquisition.
  • Successfully represented a defense corporation in a lawsuit under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) alleging that the corporation leaked toxic sludge from its industrial property, causing over $200 million in natural resource damage.
  • Obtained dismissal of a lawsuit filed against a publicly-traded health insurance company alleging violations of the Employee Retirement Income Security Act of 1974 (ERISA).
  • Successfully represented a corporate conglomerate in a first-of-its-kind “double derivative” action brought by shareholders of the conglomerate’s subsidiaries alleging that the conglomerate’s principals unlawfully diverted over $100 million in assets.

*Certain of these representations occurred prior to joining The Ferraro Law Firm.

Mathew D. Gutierrez

Mathew D. Gutierrez

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