An experienced litigator, Nicolette Vilmos is Chair of Bankruptcy and Creditors’ Rights department while concentrating her practice on business litigation, including intellectual property and appellate matters.
Vilmos focuses her practices in the areas of complex business litigation, including bankruptcy, intellectual property, banking law, foreclosures, lender liability, shareholder and business disputes, statutory shareholder-valuation matters, non-compete litigation and landlord-tenant matters across the state of Florida. Her appellate experience has been extensive in both state and federal courts.
Her bankruptcy and creditors’ right practice includes representation of creditors, trustees, assignees, receivers and creditors’ committees. She has been involved in complex business bankruptcy matters such as the prosecution/defense of fraudulent and preferential transfers, creditor committee representation, receiverships, cram down defense, valuations, involuntary bankruptcies and Assignment for Benefit of Creditors (ABC) litigation at the state, federal and appellate levels.
In the area of intellectual property, Vilmos has extensive litigation experience in state and federal courts and has represented clients in cases relating to patent, trademark and copyright infringement, unfair competition, trade secrets, internet law and related computer and technology litigation. She regularly counsels her clients on the enforcement and defense of their intellectual property rights, in state, federal and appellate levels.
Vilmos is also able to counsel her lender and investor clients in the area of intellectual property by protecting, acquiring and selling these valuable assets during bankruptcy proceedings.
She is well-versed in the resolution of commercial landlord-tenant disputes, representing developers, several national retail owners and other operators and owners of commercial property. In addition to providing litigation services, Vilmos counsels her clients in connection with commercial lease negotiations, terminations and other areas related to commercial leasing transactions.
She also works with lenders, asset managers and servicing agents in enforcing loan documents, dealing with pooling and servicing agreements, and working out problem loans.
An AV Preeminent®-rated Martindale-Hubbell attorney, she was recognized in “Chambers USA: A Guide to America’s Leading Business Lawyers” for her Bankruptcy practice in 2014 and 2015.
A frequent speaker, Vilmos addresses topics related to bankruptcy, intellectual property, landlord-tenant matters and general litigation at local and regional seminars. She moderated the 2015 Central Florida Bankruptcy Law Association Annual Conference and was a speaker at the conference in 2014.
In 2014-2017, she was named as a “Florida Super Lawyer” by Super Lawyers magazine and received a “Women of Achievement Award” from the Women’s Executive Council of Orlando.
She was named to the Orlando Business Journal’s “Forty Under 40” list, honoring Central Florida’s brightest young business people in 2009.
Vilmos was invited to join the Fellowship of the Litigation Counsel of America (LCA) in 2015. The LCA is a trial lawyer honorary society composed of less than one-half of one percent of American lawyers. Fellowship in the LCA is highly selective and by invitation only.
Vilmos serves on the Board of Directors for the Central Florida Bankruptcy Law Association. She is an active member of the American Bankruptcy Institute and International Women’s Insolvency & Restructuring Confederation. She serves on The Florida Bar Business Law Section Bankruptcy/UCC and Bankruptcy Judicial Law Committees, and is a member of the AIPLA and the OCBA IP Committee. She is also a member of the Board of Directors for the March of Dimes Central Florida Chapter and a former Director of the Harbor House.
Intellectual Property And Business Litigation
Twin River’s Engineering v. Fieldpiece: Represented patent owner and inventor in the prosecution of action to terminate a Business Agreement regarding the use of patented technology covering infrared leak detectors. Successfully defended against Defendant’s mandatory injunction and counterclaim alleging breach and Florida Deceptive and Unfair Trade Practices.
Skyline USA v. Uniform 4 All: Defense of patent and trademark infringement action and deceptive and unfair practices act related to a product and design for a Combined Flash Light and Stun Gun.
Eat Dirt, LLC v/ Arribia Films, et. el: Counsel for patent owner and inventor in patent infringement lawsuit regarding patented invention iPhone cover with built-in bottle opener.
Coastal Electronics v. P&L: Counsel for patent owner and inventor regarding his intellectual property used to access other computers inside of vehicles that control the radio, audio visual devices, navigation devices, and electronic systems in lawsuit for trademark infringement under Section 32 of the Lanham Act, 15 U.S.C. § 1114; false designation of origin and false advertising under Section 43 of the Lanham Act, 15 U.S.C. § 1125(a); trademark infringement under Fla. Stat. § 495.131; deceptive and unfair trade practices under Fla. Stat. § 501.201, et. seq.; violation of the Anti-cybersquatting Consumer Protection Act under 15 U.S.C. § 1125; and copyright infringement under 17 U.S.C. § 101 et. seq.
OSI v. Universal Systems & Technology, Inc.: Represented military contractor suing competitor to enjoin defendants from using any of OSI’s trade secrets which included source code and software related to OSI’s laser based training system software and hardware
MPS v. Siemens Westinghouse: Defense of one of the world’s largest power plant equipment companies in a $300 million trade secret misappropriation case.
PortionPac Chemical Corporation v. Sanitech Systems: Defense counsel in a trade dress, trademark, trade secret and copyright infringement action for a distributor of school sanitation chemicals.
Starbucks v. Yeehaw Travel Center: Counsel for Starbucks in a trademark infringement and dilution action in Federal Court.
Trizen Systems v. Software Ag: Counsel for patent owner and inventor in the prosecution of a patent infringement action, including Markman hearing, regarding a method for managing data stored in a database and a method that provided integration between a mainframe and a computer.
Jeanette Swain and Sherman Swain v. Ken Baker Real Estate, Inc., Etc.: Defended appeal where appellant argued that the lower court improperly struck their affirmative defenses and the Appellee did not have standing to bring the initial lawsuit. Appellate found that the appellant’s failure to object and obtain a ruling from the court failed to preserve issues raised in the appeal and affirmed the lower court’s ruling.
MLE Restaurant Group, LLC, v. ADL Investments, LLC., and Corral Group, L.P.: Represented Landlord in contested eviction and damages action. Following the presentation of evidence at trial, including expert witness testimony, the court entered a judgment in the Landlord’s favor finding that the tenant wrongfully assigned the lease, caused the landlord to incur compensable attorneys’ fees in the bankruptcy action of the improper tenant, in addition to damages.
Kindred v. Murphy: Represented plaintiff in case alleging misappropriation of funds in addition to claims under the Racketeer Influenced and Corrupt Organizations Act.
Wada Farms v. Dew Drop Farms: Represented Plaintiff in case alleging that Defendant failed to maintain sufficient trust assets to fully satisfy all qualified PACA trust claims.
Holmes Regional Medical Center v. Gresham Smith and Partners: Defense of allegations regarding design deficiencies in excess of $750,000 in the construction of a new hospital in Brevard County.
In re: Land Resource, LLC et. al., Debtors, Leigh Richard Meininger, Chapter 7 Trustee, Plaintiff, v. J. Robert Ward: Counsel for Chapter 7 Trustee in the administration of 36 bankruptcy entities in addition to multiple multi-million dollar fraudulent transfer adversaries. Obtained order, affirmed on appeal, approving settlement containing a bar order permanently enjoining the creditors from pursuing any claims against the non-debtor settling parties arising from, related to, based upon, or deriving from the debtors’ business activities. Second settlement affirmed on appeal settled claims of one of the debtors’ largest creditors in exchange for the creditor financing the prosecution of an adversary action and receiving a percentage of recovery against the adversary defendants.
In re: Louis J. Pearlman, et al., Debtor., Soneet R. Kapila, Appellant, v Watsky, Martinez & Company CPA’s, P.A., Appellee: Represented client in defense and dismissal of Trustee’s adversary action alleging fraudulent transfers from Lou Pearlman entities. Bankruptcy court’s order was affirmed on appeal.
In re: Sarasota Suncoast: Counsel to secured lender in Chapter 11 in contested confirmation and valuation hearing regarding a Debtor that operated and church and leased real estate to a charter school.
In re: Jorge Canellas: Counsel for the successor of the creditor that owned the note and mortgage filed a proof of claim in an adversary action filed by the Trustee disputing the successor creditor’s ownership of the note. Bankruptcy court’s decision in successor creditor’s favor affirmed on appeal.
In re: Sun King Apartments, Inc.: Counsel to institutional lender in Debtor’s Chapter 11 bankruptcy action. Conducted evidentiary hearing, requiring expert testimony, to determine that based upon the kind of real estate owned by the debtor, the bankruptcy case was a single asset real estate case.
In re: EZ Pay Services, Inc.: Counsel for creditor who purchased dental accounts receivable from the Debtor pre-petition. Defended creditor in numerous adversary and multi-state lawsuits regarding disputes related to ownership claims on the accounts receivable.
Franklyn Alexander, DDS, Inc., et al., Plaintiffs, vs. Alternative Debt Portfolios, LLC, and Alternative Debt Portfolios, L.P., Defendants: Plaintiffs’ tortuous interference action was so inextricably intertwined that mandatory abstention would not be granted. The action was successfully removed from Texas District Court to the Florida Bankruptcy Court.
In Re Seminole Walls & Ceilings: Defended creditor in fraudulent transfer actions in which the Trustee claimed the assets purchased by the creditor were property of the bankruptcy estate.