PRACTICE AREAS:

  • COMPLEX BUSINESS LITIGATION
     
  • CORPORATE LAW
     
  • APPEALS
     
  • INBOUND AND OUTBOUND TAXATION
     
  • TAX CONTROVERSY AND LITIGATION
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Ricardo A. Arce, ESQ.

Senior Attorney

Ricardo.Arce@ZumpanoCastro.com 
305.503.2990

During the course of his legal career, Rick has represented clients in a wide-variety of complex commercial and general business disputes, including, partnership and shareholder disputes, shareholder derivative actions, business torts and contractual disputes.  Rick has also litigated multi-jurisdictional disputes for clients with interests in Latin America, including Venezuela, Costa Rica, Argentina, among others and has argued forum non conveniens issues before the Court.  

In addition, Rick represents business clients in corporate transactions including mergers and acquisitions, asset acquisitions and stock purchase transactions, corporate formation both domestic and foreign, preparation of shareholder and partnership agreements and corporate dissolutions and wind-up.  Rick also advises corporate clients with respect to day-to-day corporate governance and compliance issues.

Mr. Arce’s practice also includes representation of clients before the Internal Revenue Service (IRS), including offshore disclosure, tax compliance, tax litigation and representation before the United States Tax Court.  He advises U.S. citizens and residents with respect to federal income tax planning, estate tax planning and domestic and offshore trusts. He also advises domestic entities with respect to business activities abroad, corporate taxation, mergers and acquisitions, partnership taxation, and corporate structuring.  Mr. Arce has also represented foreign clients with pre-immigration tax planning and advises foreign investors with respect to the taxation of their real estate investments in the United States.  He also represents clients before the Florida Department of Revenue (FDOR).

Rick is also AV® Preeminent Rated by Martindale-Hubbell®, the highest peer-review rating provided to an attorney by Martindale-Hubbell®.


Education

  • B.S., cum laude, University of Florida, Business Administration: Finance, 2005

  • B.A., cum laude, University of Florida, Economics, 2005

  • J.D., cum laude, St. Thomas University School  of Law, 2008

  • LL. M. (Taxation), University of Miami School of Law, Certificate in International Taxation, 2010


Publications

  • Update: “Guidance on Economic Substance Doctrine and the Historic Boardwalk Hall Case,” The Florida Bar, Tax Section Bulletin, Spring 2011.

  • Co-Author, “ADA/FMLA Updates and Interplay,” SES 6th Annual Fundamentals of Employment Law Seminar, 2013
  • Author, "2015 Amendments to the Revised Limited Liability Act Broadens the Scope of Potential Fiduciary Duty Liability," The Dade County Bar Association Bulletin, September 2015.

 


Admitted to Practice

  • Florida: all State trial and appellate courts

  • United States Tax Court

  • United States District Court for the Southern and Middle Districts of Florida


Professional Associations

  • American Bar Association, Member, Business Law, Taxation and Litigation Sections

  • The Florida Bar Association, Member, Tax Section

  • Dade County Bar Association, Member

  • Cuban American Bar Association, Member

Representative Experience

Docassist, LLC v. Barberis, 3D13-2516, 2014 WL 3620450 (Fla. 3d DCA 2014). Obtained summary judgment in minority members clients’ favor in dispute between members of a limited liability company, invalidating actions taken by majority members.

In re DocAssist, LLC, 14-27625-JKO, 2014 WL 3955062 (Bankr. S.D. Fla. 2014). Majority members sought to reorganize company by improperly converting debt into equity.  Assisted in obtaining Order from Bankruptcy Court in the Southern District of Florida granting client’s Motion to Dismiss with prejudice.

Allan v. Graf, 972 So. 2d 196 (Fla. 4th DCA 2007). Assisted in obtaining appellate court per curium opinion affirming the trial court’s order dismissing plaintiff’s fourth amended complaint asserting  negligence claims against defendant client hotel and resort.

Rendic v. Flint Group Incorporated, et al., Case No.: 10-20884 CA 21 (Fla. 11th Cir. Ct. 2010); Assisted in obtaining successful confidential settlement for client plaintiff in breach of contract claims.

Romagosa v. Ioannides, 2010 WL 9069469 (Fla. 19th Cir. Ct. 2010).  Assisted in obtaining verdict in favor of client for an award of $1.7M in breach of contract and fraudulent inducement claims.

Lopez v. Rica Foods, Inc., 277 Fed. Appx. 931 (11th Cir. 2008).  Assisted in reversing trial court’s dismissal of common law fraud claims.

Campbell v. Starwood Hotels & Resorts Worldwide, Inc., 2008 WL 4609986 (S.D. Fla.). Assisted in successfully obtaining partial summary judgment in favor of defendant client for vicarious liability claims.

 


Languages

Spanish