Profile
Michelle Gambino is a highly regarded, fiercely competitive litigator, known as a pit-bull to her adversaries. She has tried cases to verdict all over the country and is typically called in to assist clients in “bet the company” types of matters. Michelle has secured some of the largest verdicts in the country and has also helped clients avoid damage claims in the hundreds of millions of dollars. A tireless advocate for her clients, she focuses on highly-publicized litigation matters involving fraud, government contracts, statutory violations, antitrust, mass tort, breach of contract, business conspiracy, privacy, Uniform Commercial Code disputes, generalized torts and/or employment litigation.
Michelle also serves as the Co-Chair of Greenberg Traurig’s Global Real Estate Litigation Practice and routinely represents REITS, large-scale suppliers, developers, owners, sureties, contractors, landlords and retail tenants in complex contract disputes. These often involve issues such as leases, land rights, zoning challenges, redevelopment rights, distribution centers, changes in use, condemnation, constructive eviction, density, purchase and sales transactions, construction disputes, delay claims, and all types of “projects gone wrong.” She has a proven track record of securing injunctions on an emergency basis in order to avoid a project from being derailed and/or otherwise compromised. Essentially, if a major real estate dispute is brewing, Michelle is one of the first attorneys to call.
Michelle’s client base includes Fortune 500 companies, banks, private equity funds, car manufacturers, hotels, multi-family and mixed-use developers, start-ups, joint venture entities, tech giants, defense contractors, mall and shopping center owners, franchisors, municipalities, large-scale and big-box retailers, restaurant chains, national real estate developers, REITS, utilities, media companies, data storage centers, insurers, transportation companies, and other publicly or privately held companies.
Concentrations
- Complex commercial litigation disputes
- Real estate litigation
- Banking litigation
- Mass torts, class claims
- Employment
- Construction
Capabilities
Experience
- Defeated a party seeking to stop the development and construction of a $330 million dollar project in downtown San Diego which was estimated to generate over $3 billion in revenue for the local economy.
- Recently won a dispositive motion against an international real estate developer for breach of its indemnity obligations.
- Secured a summary judgment win and lease forfeiture for a national developer where a tenant was holding up construction and refused to surrender possession.
- Won $31 million dollars in damages for Lord & Taylor LLC in a dispute with White Flint, L.P. in Maryland federal court. In 2015, the award was the largest verdict in the federal court in Greenbelt, Maryland. Lord & Taylor LLC et al. v. White Flint LP, case number 8:13-cv-01912, in the U.S. District Court for the District of Maryland. Gambino also defended the award on appeal, and the verdict was upheld by the Fourth Circuit Court of Appeals.
- As co-lead counsel, secured the dismissal of a $120 million dollar claim against one of the largest Fortune 500 financial institutions located in McLean, Virginia, in a dispute in Fairfax, Virginia relating to the construction and development of its headquarters campus.
- Represented client and insurer in a hotly contested wrongful death matter where $20m in damages was sought against Ms. Gambino’s client. After performing methodical discovery and pre-trial motions practice, the claim was resolved.
- Defeated a party seeking to enjoin a national fitness client from continuing to operate in underserved “opportunity zoned” areas.
- Enforced developmental restrictions against a party seeking to alter a shopping center in Maryland which would have destroyed the market value of client’s property and visibility to its commercial complex.
- Recently defended a publicly traded company in a construction dispute alleging over seven years of delay and associated costs in a public works transportation project.
- Secured numerous dismissals of Title VII actions alleging race and retaliation against a municipality. The dismissals were upheld by the Fourth Circuit.
- Kelly v. City of Alexandria, 830 Fed. Appx. 722 (4th 2020); upholding dismissal of Title VII time barred claims and finding the subsequent complaint was barred by res judicata. develop
- Seno Medical Instruments, Inc. Biomedical Systems Corp., 2018 WL 5811497 (W.D. Tex. 2018); dismissing claim against client and consequential damages sought. Best Medical Int’l., Inc. v. Wells Fargo, Inc., Nos. 2010-10997, 2010-9355, 2010-9414, 2011 Va. Cir. LEXIS 185 (Fairfax Cir. Ct.) (Dec. 2011). Granted client’s plea in bar dismissing the case against Wells Fargo, Inc., after considering the validity of a waiver clause.°
- Fairfax Company of Virginia, LLC v. Samson Realty, LLC, No. CL-2007-1269, 74 Va. Cir. 141 (Fairfax Cir. Ct.) (Sept. 2007); well cited opinion in client’s favor enforcing a jury waiver clause in a commercial lease agreement and setting forth the test on the validity of waivers in Virginia.°
- Weber v. Domel, 48 S.W.3d 435, (Tex. App.—Waco 2001, no pet.). Represented client in the dismissal of negligence and punitive damage award.°
- Ferrer v. Randall’s Food & Drug, Inc., No. 05-01-00070-CV, 2002 WL 922 139 (Tex. App. – Dallas 2002, no pet.). Upheld summary judgment obtained for client on an ERISA matter.°
°The above representations were handled by Ms. Gambino prior to her joining Greenberg Traurig, LLP.
- Planning and Zoning Commissioner, City of Georgetown, TX, 2002-2003
- Board Member, City of Georgetown, TX, Zoning Board of Adjustment, 2001-2002
Recognition & Leadership
- Listed, The Best Lawyers in America
- Litigation - Banking and Finance, 2022-2024
- Litigation - Real Estate, 2024
- Named, BTI Client Service All-Stars Report, "Client Service All-Star," 2024
- Team Member, U.S. News - Best Lawyers®, Best Law Firms Edition, "Law Firm of the Year," Real Estate - Litigation, 2017 and 2022
- Team Member, U.S. News - Best Lawyers®, Best Law Firms Edition, "Law Firm of the Year," Banking & Finance - Litigation, 2017
- Listed, National Law Journal, Top 100 Verdicts in 2015 – Lead Counsel for Lord & Taylor, LLC
- Member, American Bar Association, 2013 to Present
- Former Vice Chair, Trial Techniques Committee
- Member, Federal Bar Association, 2012 to 2016
- Member, State Bar of Texas, 1999 to Present
- Member, Litigation Section, 2000 to 2013
- Member, Construction, 2003 to 2013
- Member, Employment Section, 2000 to 2009
- Member, Virginia Bar Association, 2005 to Present
- Member, Litigation Section, 2010 to Present
- Member, Construction Section, 2010 to Present
Credentials
- J.D., cum laude, Baylor University School of Law
- B.S., magna cum laude, Troy University
- Virginia
- District of Columbia
- Texas
- U.S. Court of Appeals for the Fourth Circuit
- U.S. District Court for the District of Columbia
- U.S. District Court for the Eastern District of Virginia
- U.S. District Court for the Western District of Texas