Luis Salazar

Partner
Chair, Business Reorganization & Bankruptcy
Chair, Data Privacy and Security Law Group

Luis.Salazar@InfanteZumpano.com
Direct: 305-539-3814

Described as one of South Florida’s “Legal Elite” by Miami’s Daily Business Review, Luis counsels diverse clients, guiding them through difficult, even crisis, situations – from bet-the-company litigation, to surviving severe financial distress, to dealing with the consequences of data breaches.

He has led the Chapter 11 reorganization efforts of numerous well-known companies –Gerald Stevens, Fine Air and Arrow Air, Xpedior, First Foliage, Scient, and others – with combined assets in the billions. Most recently, he successfully confirmed SystemOne Technologies Chapter 11 prepackaged plan, allowing the company to conclude its bankruptcy in 35 days. In addition, he has also led less well-known reorganizations, work outs and financial negotiations on behalf of clients in the aviation, real estate, money-wiring, auto, food service, manufacturing, and entertainment fields. Luis currently serves as the Co-Chair of the International Insolvency Committee of the American Bankruptcy Institute and he is a Director of Florida’s Turnaround Management Association.

His representation of troubled internet companies during the dotcom era led Luis to draft and propose The Privacy Policy Enforcement in Bankruptcy Act of 2001, which prohibits bankrupt companies from misusing consumers’ private information. The Act is also the first law to require the appointment of a Consumer Privacy Ombudsman to protect the privacy rights of consumers. Luis has since been appointed by the Department of Justice as Consumer Privacy Ombudsman in the Tweeter Audio, Foxtons, ViCorp, and North General Hospital bankruptcy cases.

Luis was selected “Best of the Bar” by the South Florida Business Journal in 2003, a Legal Elite by Florida Trend Magazine in 2004 and 2005, a Super Lawyer in 2006 and 2007, and 2010, listed in The Best Lawyers in America, 2007 – 2010 editions, and was selected for listing by Chambers & Partners USA Guide, 2007-2010 editions, as well as a “Leading Restructuring and Insolvency Lawyer” by PLC Cross-Border Handbook in 2008/09. He is rated AV Preeminent by Martindale Hubble.

Luis is one of the most widely published authors in the areas of crisis management, data privacy and security law, and Bankruptcy. He is a noted authority on the fiduciary duties of directors and officers and defending management against Deepening Insolvency claims. A seasoned trial attorney, Luis has tried over 100 discrete matters in federal and state courts throughout the country, on behalf of plaintiffs, defendants, debtors and creditors in a wide variety of actions.
He is also the founder of South Florida’s End-of-the-World-as-We-Know-It Film Festival.

Significant Representations
• First Foliage – Lead the reorganization of this $45 million dollar, Homestead based nursery.
• B&F Marine – Chapter 11 counsel for Marine Products supply company in restructuring terms of Regions Bank secured claim.
• SystemOne Technologies – Led company through a 35 day pre-package process.
• Reed Slatkin Trustee – Represented Trustee in recovering fraudulently transferred property in $250 million ponzi scheme.
• Fine Air and Arrow Air – Counsel to this $350 million international, air-cargo company in its successful Chapter 11 reorganization, managing company’s labor relations, advising on contract negotiations with airline pilot union, and suppressing litigation by hostile former employees.
• World Air Lease – Successfully represented aircraft engine sellor and lessor in its $50 million dollar loan workout.
• Piper Aircraft – Counsel to New Piper Aircraft, Inc., the leading manufacturer of general aviation aircraft in the United States, in connection with its successful out-of-court workout with its secured creditors to avoid bankruptcy.
• Atlas Air: Represented holder of Trust Certificates in successful Chapter 11 reorganization of this publicly traded air cargo company.
• Gerald Stevens – Lead counsel in this 300-store, publicly traded retail florist chain’s management-controlled Chapter 11 liquidation. Guided management on design and implementation of 120-day store-disposition program, which yielded more than $65 million, despite 9-11 and the subsequent tightening of financial markets.
• Counseled directors and officers of numerous business entities on Deepening Insolvency and fiduciary duty issues.
• Represented Mezzanine lender in foreclosure and follow-on bankruptcy of luxury condo development.
• Represented major South Florida developer in acquisition of Low-Income Tax Credit property, using Chapter 11 to lift all rental restrictions.
• CS Acquisition – Represented South Florida resort developer in its Chapter 11 reorganization, successfully obtaining financing and closing on its acquisition of a $110 million Florida Keys resort property and voluntarily dismissing its case with full payment to all creditors.
• Westmont Hospitality Group – Advised this international hotel owner and developer in providing mezzanine financing for multi million dollar hotel convention center site, and designing and structuring of mezzanine financing program for future hotel projects.
• Xpedior and Scient – Represented these e-business consulting firms in their prebankruptcy wind-down efforts, including negotiating multiple lease disposition and termination agreements resulting in a substantial reduction in lessor claims during each company’s Chapter 11.
• Girasol – Represented founding partner of this Latin American focused money-wiring business in a shareholder dispute, and obtained multimillion dollar settlement.
• Estate of Abraham Gosman: Represented Chapter 7 trustee in the liquidation of this former health-magnate’s $250 million estate, including the marketing and sale of operating six nursing homes.
• Cuba Aliados, Inc.: Represented manufacturer and distributor of Cuba Aliados® and Puros Indios® brand cigars, the highest rated non-Cuban cigars in the world according to Cigar Aficionado magazine, in several trademark disputes.
• El Unico Supermarkets, Inc.: Represented New Jersey Hispanic supermarket chain in Chapter 11 reorganization proceeding in the Bankruptcy Court for the District of New Jersey.

Areas of Concentration
• Corporate counseling and crisis management
• Commercial litigation, bet-the-company issues
• Startups and early stage businesses

Professional and Community Involvement
• Co-Chair, International Committee, American Bankruptcy Institute
• Membership Chair, Florida Fiduciary Forum
• Board of Directors, Turnaround Management Association, Florida Chapter
• Board Member, The Privacy & Data Protection Legal Reporter
• Board Member, IAPP’s The Privacy Advisor
• Editorial Board Member, E-Commerce Law & Strategy
• Secretary, National Society of Hispanic MBAs, South Florida Chapter
• Member, Cuban American Bar Association
• Member, International Association of Privacy Professionals
• President and CEO, LATIN (Latino Turnaround and Insolvency Network)
• Founder, South Florida’s End-of-the-World-as-We-Know-It Film Festival

Awards and Recognition
• Listed, Best Lawyers in America, 2007-2010
• Listed, Chambers & Partners USA Guide, an annual listing of the leading business lawyers and law firms in the world, 2007-2010 editions
• Listed, Legal 500 US, 2009 edition
• Recommended, PLC Which Lawyer Guide, Restructuring and Insolvency, 2008 and 2009
• Selected by Super Lawyers magazine, 2006-2010
• Listed, 2004 and 2005 Legal Elite, Florida Trend magazine, listing of Florida’s top attorneys as selected by their peers
• Listed in “Best of the Bar” by the South Florida Business Journal, April 2003
• Selected as a Leading Restructuring and Insolvency Lawyer, PLC Cross-Border Handbook, 2008/09
• Ranked AV® Preeminent™ 5.0 out of 5*

Noteworthy Experience
• Master’s of Business Administration, University of Miami, 2004
• Drafter, “The Privacy Policy Enforcement in Bankruptcy Act of 2001,” (New Sections 332 and 363(b)(1) of the Bankruptcy Code)
• Borough of Leonia, New Jersey – Elected councilmember
• Auditing HIPAA Security Compliance, MIS Training Institute
Articles, Publications & Lectures

Articles
• “Law Firms Under Siege,” Dark Reading, April 6, 2011
• “Economic Outlook: Chapter 11 A Path to Acquisition,” Daily Business Review, March 25, 2011
• “Special Report – New Partners,” Daily Business Review, March 14, 2011
• “Winning Bid of $20.5M purchases First Foliage,” Daily Business Review, February 10, 2011
• “First Foliage Heads to Auction,” South Florida Business Journal, February 4-10, 2011
• “Homestead Grower Goes to Auction,” The Miami Herald / Local & State, February 4, 2011
• “BFN Growers Supplants First Foliage Stalking Horse,” The Deal, January 25, 2011
• “Brisk Business – Law Firms See Another Good Year for Bankruptcies,” South Florida Business Journal, January 7-13, 2011
• “IZHM Announcement,” Daily Business Review, January 21, 2011
• “What’s Your Social Media Policy?,” South Florida Legal Guide, Midyear 2010
• “California Legislation Would Require Companies to Specify the Dta Exposed in Breaches,” Dark Reading, August 25, 2010
• “First Foliage – Nursery Owner Uses Chapter 11 to Regain Crop Insurance Coverage, Daily Business Review, August 23, 2010
• “Florida Super Lawyers Top List,” Superlawyers.com, July/August 2010
• “Rothstein Fallout – Rosenfeldt Defense at Depositions: ‘I never looked’,” Daily Business Review, July 6, 2010
• “Bankruptcies,” Miami Herald / Business Monday, June 28, 2010
• “Ecuadorian Family Buys Pembroke Dealership,” Daily Business Review, June 25, 2010
• “Homestead Nursery for Major Retailers Files Ch. 11,” Daily Business Review, June 24, 2010
• “Rosenfeldt Ordered to Appear,” Daily Business Review, June 18, 2010
• “Brothers Attempt to Get &50M Lawsuit Dismissed,” Daily Business Review, June 16, 2010
• “Rothstein Fallout – Rosenfeldt doesn’t Shop up for Deposition,” Daily Business Review, June 15, 2010
• “Viva Privacidad! Mexico’s Senate Passes New Privacy Act,” BNA Inc. – Privacy & Security Law Report, June 14, 2010
• “Digital Signature Bill in Paraguay Moves to President’s Desk Following Senate Passage,” BNA, Inc. – Privacy & Security Law Report, June 2010
• “Movers,” Miami Herald / Business Monday, May 17, 2010
• “Rothstein Fallout – plea Deal in the Works for Villegas,” Daily Business Review, May 14, 2010
• “Today’s News – People,” Miami Today, May 6, 2010”
• “Rothstein Fallout – Hearing Held to Open Up Depositions,” Daily Business Review, April 22, 2010
• “Rothstein Fallout – Questions Raised in 2008 about $15M,” daily business review, March 18,2010
• “The Bad Apple Effect,” Daily Business Review, March 8, 2010
• “Experts Debate Bankruptcy ‘Contagion Theory’,” Daily Business Review, Febraury 3, 2010
• “Movers,” Miami Herald / Business Monday, February 1, 2010
• “10 New Year’s Privacy Resolutions,” The Privacy Advisor, January – February 2010, Vol. 10, No. 1
• “Today’s News – People,” Miami Today, January 28, 2010
• “2010 Florida Super Lawyers Top List,” Superlawyers.com, 2010
• “Bankrupt Luxury Subdivision Salvaged,” The Miami Herald, April 9, 2009
• “Involuntary Bankruptcies Proliferating,” South Florida Business Journal, March 5, 2009
• “Creditors Force Neptune Industries Into Bankruptcy,” South Florida Business Journal, February 17, 2009
• “National Foreclosure Suspension Ready to Be Lifted,” Daily Business Review, January 28, 2009
• “Auto Dealerships Prepare for a Major Shakeout,” The Wall Street Journal, January 27, 2009
• “Failing Companies Need to Know When to Hold ‘Em, When to Fold ‘Em,” Daily Business Review, January 22, 2009
• “Customs and Cross-Border Data Transfer,” The Privacy Advisor, October 2008, Vol. 8, No. 10
• “High-Wire Act,” Daily Business Review, October 6, 2008
• “Avoiding the Dumpster Spotlight,” The Privacy Advisor, May 2008
• “Florida’s Data Breach Law,” CABA Brief, Spring 2008
• “Breathing New Life Into Disaster Recovery Plans,” Daily Business Review, April 10, 2008
• “Shred it or Regret It!” National Law Journal, March 31, 2008
• “Special Report: Bankruptcy,” Daily Business Review, March 27, 2008
• “State of (Breach) Confusion,” DarkReading.com, March, 2008
• “Working it Out,” Daily Business Review, February 29, 2008
• “It’s Official – Red Flag ID Theft Programs Required,” Privacy & Data Security Law Journal, January 2008
• “Data Breach 2.0,” The Privacy Advisor, January 2008
• “New Rules Require Banks, Others to Detect ID Theft,” Daily Business Review, January 16, 2008
• “Protecting Your Child From ID Theft,” South Florida Parenting Magazine, January 2008
• Interviewed, “Foreclosures,” Daily Business Review, December 17, 2007
• “Don’t Fear the Consumer Ombudsman,” ABI Journal, December 2007
• “Bluecasting or Bluespamming?” e-Commerce Law & Strategy, November 2007
• Interviewed, “Report: E-Commerce Fraudsters’ Haul May Reach $3.6B in 2007,” Ecommerce Times, November 2007
• “Viva La Privacidad!” The Privacy Advisor, September 2007
• “Avoiding Litigation That Will Keep You Up All Night (Attack of the Blogs),” South Florida Business Journal, August 2007
• “On the Razr’s Edge: Mobile Marketing,” e-Commerce Law & Strategy, June 2007
• “What Is Your Blog Policy?” NSHMBA’s Bottom Line, June 2007
• “Avoiding DR Disasters,” Byteandswitch.com, May 31, 2007
• “Hurricane Season Looms, Is Your Data Protected?” Enterprise Storage Forum.com, May 23, 2007
• “Privacy and the Bank Director,” Bank Director News, Spring 2007
• “N.H. Pharma Law May Set Precedent for the Other States,” The Privacy Advisor, May 2007
• “Privacy and Bankruptcy Law Part III: Consumer Privacy Provisions,” ABI Journal, February 2007
• “Special Report: Litigation Pain and Profits,” Daily Business Review, February 20, 2007
• “Striking Back at Bad Drivers: Would-be Road Ragers are Expressing Their Answer On-line,” Florida Times-Union, January 23, 2007
• “California Security Freeze Act Decision Could Set the Stage for Constitutional Challenges in Other States,” The Privacy Advisor, December 2006
• “The Virtual Taxman Commeth? Congress is Examining Whether Gains Made Playing Online Games Should Be Taxed,” E-Commerce Law & Strategy, December 2006
• “Privacy and Bankruptcy Law Part II: Specific Code Provisions,” The ABI Journal, December 2006
• Privacy and Bankruptcy Law Part I: Technology Explosion Creates Personal Privacy Tensions” The ABI Journal, November 2006
• “Trenwick Sounds Death Knell for Deepening Insolvency,” The Corporate Counselor, November 2006
• “U.D. Registry, Inc. Topples California Security Freeze Act,” The Privacy & Data Protection Legal Reporter, November 2006
• “Offshore Outsourcing: Protecting Privacy a World Away,” The Privacy & Data Protection Legal Reporter, November 2006
• “Fiduciary Duties are Clarified,” National Law Journal, October 2006
• “Trenwick America: The Trend Against Breach of Fiduciary Duties and Deepening Insolvency Claims Continues,” The Bankruptcy Strategist, October 2006
• “Fiduciary Duties Owed to Subsidiary,” The Bankruptcy Strategist, September 2006
• “A National Data Breach Law is Inevitable,” E-Commerce Law & Strategy, September 2006
• “A National Breach Law is Inevitable,” The Privacy & Data Protection Legal Reporter, September 2006
• “The Death of Privacy,” CIO Insight, September 2006 (quoted)
• “New Code Provisions Keep Data Confidentiality,” NABTalk, Summer 2006
• “Surging of Deepening Insolvency Claims, (Part Two)” Debt 3, July 2006
• “Surging of Deepening Insolvency Claims (Part One),” Debt 3, June 2006
• “What You Need to Know About the PPEBA,” The Bankruptcy Strategist, May 2006
• “Privacy, Please!” e-Commerce Law & Strategy, May 2006
• “Holiday Isle Buyer Files Chapter 11,” The South Florida Business Journal, February 27, 2006
• “Where are the Gaps in Professional Development?,” Law Journal Newsletters, September 2005
• “Bankruptcy and Business,” Hispanic Magazine, July/August 2005
• “Ex-Health Magnate Gosman’s Wife Rebuked for Hiding Asset,” Palm Beach Post, June 30, 2005
• “Gosman Wife Told to Defend Herself,” Palm Beach Post, June 23, 2005
• “Is the Tide Turning?” The ABI Journal, April 2005 (Analyzing recent fiduciary duty and deepening insolvency case law)
• “Delaware Chancery Court Takes Fresh Look at Zone of Insolvency,” The Bankruptcy Strategist, January 2005
• “Delaware Chancery Court Takes Fresh Look at Zone of Insolvency,” The New York Law Journal, March 25, 2005
• “Critical Ruling on Compensation from Supreme Court,” The Bankruptcy Strategist, March 2004
• “Turnaround Group Formed,” The Miami Herald, May 14, 2003
• “Cross-Border Injunction against Claimant Denied,” National Law Journal – In Focus Section, February 10, 2003
• “Managers Can Be Held Liable for Deepening Insolvency,” South Florida Business Journal, April 12, 2002
• “Insurance Rehabilitator Does Not Represent Policyholder,” The Bankruptcy Strategist, January 2002
• “A Client’s Bankruptcy Has Surprise Cost to Creditors,” bankrate.com, June 25, 2001
• “The Company You Save May Be your Own,” Hispanic Business, April 2001
• “No Muss, No Fuss,” TheDeal.com, March 2001
• “New Bankruptcy Ruling Holds Directors and Officers Owe Fiduciary Duties to a Subsidiary,” Law.com, Business Practice Alert, September 2006
• “A National Data Breach is Inevitable: Both Houses of Congress Are Considering Bills,” The Privacy & Data Protection Legal Reporter, September 2006
• Numerous additional articles on insolvency and other topics through 1994

Lectures
• “Surviving End-of-the-World Disasters,” Turnaround Management Association (Florida), February 2009
• “Distressed Caribbean Industries,” ABI’s Caribbean Insolvency Symposium, February 2009
• “Privacy in the Meltdown,” ISACA Florida, WOW Conference, January 2009
• “ACI: (Red Flags Programs),” Washington, DC, January 2009
• “Handling Customers in Bankruptcy,” Ft. Lauderdale, November 11, 2008
• “Managing Data Privacy in Latin America,” IAPP Audioconference, October 2008
• “Mobile Marketing,” American Marketing Association, October 2008
• “Barbarians Inside the Gate: Handling Employee Termination,” October 2008
• “Getting the Green Flag on Your Red Flag Program,” South Florida Compliance Assoc., April 15, 2008
• “Global Privacy Compliance Strategies: Solutions for an Asymmetrical World,” RSA Conference, April 10, 2008
• “Nuts & Bolts of International Insolvency: Chapter 15,” Beard Audio Conference, April 3, 2008
• “Red Flag Regulations,” PLI Audio Briefing, April 1, 2008
• “Data Data Everywhere: Transferring, Selling, Trashing or Destroying Data,” IAPP Privacy Summit 2008, March 26-28, 2008
• “Corporate Due Diligence,” Miami Finance Forum, February 2008
• “PCI Compliance – Retailers’ Ticking Time Bomb,” Miami, FL, February 2008
• “PCI and Red Flags: Rising Standards,” Chief Privacy Officers Council, September 2008
• “PCI: The Rising Global Standard,” IAPP Summit, September 2008
• “Red Flag ID Theft Programs,” South Florida Banking Institute, September 2008
• “Red Flag ID Theft Programs,” Institute of Internal Auditors, August 2008
• “Surviving a Breach,” Miami, June 2008
• “ID Theft Regulations,” South Florida Banking Institute, February 2008
• “Red Flag ID Theft Regulations,” Beard Audio Conference, February 2008
• “Red Flag ID Theft Regulations,” Miami, FL, January 2008
• “Digital Forensics,” Miami, FL, November 2007
• “Real World Compliance Issues and Challenges,” South Florida Information Systems Security Association, November 2007
• “Solving Global Compliance Problems,” IAPP Privacy Academy, October 2007
• “Viva la Privacidad! Managing Privacy in Latin America,” IAPP Privacy Academy, October 2007
• “Data Privacy and Consumer Protection,” National Association of Attorneys General Conference, October 2007
• “Data Privacy and GLBA,” South Florida Compliance Association, October 2007
• “Real World Compliance Issues and Challenges,” ISSA (South Florida), October 2007
• “Data Privacy and GLBA,” Miami, FL, August 2007
• “Avoid the TJ Maxx Syndrome: What Executives Need to Know About Data Security and Privacy Protection,” Fort Lauderdale, FL, May 2007
• “International Insolvency,” Fifth Annual International Litigation and Arbitration Conference, April 2007
• “eForensics: What You Don’t Know Can Hurt You,” South Florida Technology Alliance, April 2007, Moderator/Panelist
• “Privacy Regulations Governing Banks,” Bank Director Workshop, National Association of Corporate Directors, March 2007
• “The Ombudsmen Commeth,” Presentation to Office of the U.S. Trustee (South Florida office), March 2007
• First Annual Southeast Privacy Summit, February 21, Co-Chair, and Speaker “Data Breach Notification and Privacy Law”
• “Lender’s Panel: Caribbean/South American Cross-Border Issues,” ABI Caribbean Insolvency Symposium, February 2007
• “iRoundtable: ComputerFraud,” iCoast, February 2007, Panelist
• “Eye of the Storm: Managing Through Natural Crises,” Turnaround Management Association, Florida Chapter, September 2006
• “Surging Deepening Insolvency Claims: Increased Risk for Managers, Advisors, and Lenders of Troubled Companies,” Beard Audio Conferences, June 2006
• “Privacy Protection in Chapter 11 Proceedings – Disclosure Rules and Strategies Under the New Bankruptcy Code,” Beard Audio Conference, April 2006
• “New Amendments Overview, ” Turnaround Management Association, Florida Chapter 2006
• “Chapter 15 Overview,” ABI Caribbean Insolvency Symposium, February 2005
• “Deepening Insolvency,” Panelist, Distressed Debt Summit 2005, Speaker
• “Small Lenders Forum,” Turnaround Management Association, annual conference 2005
• “Chapter 11 for the Non Practitioner,” Hispanic National Bar Association Annual Conference, October 2004, Panel Moderator
• “Negotiating … for People Who Hate Negotiating,” University of Miami, School of Business, 2004
• “Everything Old is New Again: (Re)Emerging Issues in Troubled Industries,” 76th Annual Meeting of the National Conference of Bankruptcy Judges in Chicago, October 2002
• “E-Commerce and High-Tech Bankruptcy,” ABI Rocky Mountain Conference, February 2001
• Panel Chair, “The Dotcom Shakeout: Preserving Value in a Volatile Market,” Hispanic Internet Summit 2001

Education
• M.B.A., University of Miami, 2004
• J.D., Columbia University School of Law, 1992
• B.A., magna cum laude, Drew University, 1989

Admitted to Practice
• Florida
• New Jersey
• New York