
“Don is very analytical, knowledgeable of the law and very good at finding unconventional solutions.”
NOTRE DAME, 82 | LOYOLA, 85
LITIGATION
Although age is just a state of mind at MF&H, with thirty-two years of experience as a commercial litigator and a reputation as a seasoned practitioner in the international arbitration arena, Don has been around the block (and the globe) a few times during his career. Don prides himself as being a trusted advisor who can evaluate complex claims, especially for those clients who find themselves in multiple jurisdictions given today’s global economy.
Don has been ranked in Chambers & Partners since 2009 for commercial litigation, and has been regularly recognized as a top attorney by Best Lawyers in America, South Florida Legal Guide, Florida’s Super Lawyers, Florida Trend Legal Elite and the Legal 500 for either litigation or international arbitration. In 2010, he was inducted as a Fellow of the Litigation Counsel of America.
Over the years, Don has represented AT&T, Knauf Plasterboard, Borg Warner, Banco do Brasil, Travelers Insurance, Google, and SAP to name a few.
Throughout his career, Don has been committed to pro bono representation. He served as the Chair of the widely recognized Pro Bono Program of Baker & McKenzie in North America for over seven years. He co-counseled with Lambda Legal in Langbehn v. Jackson Memorial Hospital, a high-profile case that led to an executive order by President Obama requiring all health care facilities receiving federal funds to have equal visitation rights for same sex families. In addition, he was involved in the drafting of an amicus brief on behalf of leading juvenile rights organizations, in Gill v. State, which led to Florida courts overturning the state’s prohibition against homosexuals adopting, and in Windsor v. the Internal Revenue Service, he assisted in drafting an amicus brief on behalf of Fortune 500 companies in favor of marriage equality. He also was awarded for his work in the areas of foster care and juvenile justice by Lawyers for Children America and the Miami-Dade Public Defender’s Office.
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- Board Certified, Florida Bar: International Litigation & Arbitration
- Chambers and Partners, America’s Leading Business Lawyers: Commercial Litigation, 2009-present
- Best Lawyers in America: Commercial Litigation and International Arbitration, 2012-present
- Legal 500: International Arbitration, 2012-2015
- Law 360 Editorial Advisory Board: International Arbitration, 2016-present
- Florida’s Super Lawyers: 2001-present
- Florida Trend Magazine’s “Legal Elite” and “Top Commercial Litigator,” 2009-present
- South Florida Legal Guide: “Top Lawyer”, 2015-present
- Martindale-Hubbell “AV-1 Preeminent” ranking 2000-present
- Chartered Institute of Arbitrators (CIArb) – Fellow
- Miami International Arbitration Society – Founding Member, Board of Directors, 2013-Present
- Miami International Arbitration Foundation – Secretary, 2015-Present
- American Bar Association, Litigation Counsel of America – Fellow, 2010-Present
- American Bar Association, Section of Litigation – Co-chair, International Litigation Committee, 2002-2006
- American Bar Association, Section of International Law & Practice, 2014-Present
- International Council for Commercial Arbitration, 2014-Present
- Law360 International Arbitration Editorial Advisory Board, 2015-Present
- Member of the Florida Bar’s Civil Rules Committee, 2016-Present
- Federal Bar Association – Member
- Lexis Legal Advisory Board – Member, 2009-Present
- Lambda Legal – National Leadership Council, 2008-Present
- Catalyst Miami – Board of Directors, 2014-2016
- The Miami Foundation – Chairman of GLBT Fund Grants Committee, 2014-Present
- Berger Singerman, Florida
- Baker & McKenzie, Chicago and Miami Offices
DON HAYDEN DISCUSSES CHALLENGING CASE – BLOOMBERG LAW
Read the full article on: BloombergLaw Excerpt from the article: Advocates Confident The ACLU’s Nowlin-Sohl is confident the early victories will stand, but she and others representing the families and doctors recognize that the cases [...]
BOLSTERED REGULATION EXPECTED AFTER BANK COLLAPSE
Lawyer compares sheer size of the implosion to the Enron scandal By Tony Cantu - MPA Magazine | 30 Mar 2023 Bank failure fallout continued with the recent filings of a class action lawsuit alleging [...]
11TH CIRCUIT WON’T REVIVE VENEZUELA OIL COMPANY’S BRIBERY SUIT
By Gina Kim · Listen to article Law360 (March 13, 2023, 7:44 PM EDT) -- The Eleventh Circuit declined Monday to revive a Venezuelan state-owned oil company's bribery suit against an energy trading firm and remand it [...]
NO LONGER YOUR PARENT’S FLORIDA SUPREME COURT: FLORIDA SUPREME COURT NOW ONE OF THE MOST CONSERVATIVE IN COUNTRY
Photo credit: Florida Supreme Court Justice Jorge Labarga by J. Albert Diaz BY DON HAYDEN | Feb 25, 2023 For some of us, that can remember the days of Gore v. Harris, 772 So. [...]
SETTLING GLOBAL DISPUTES
WHY MIAMI IS NOW A TOP HUB FOR ARBITRATION IN THE AMERICAS BY DOREEN HEMLOCK | GLOBAL MIAMI MAGAZINE It was a glorious autumn Sunday in Miami – sunny and breezy, a perfect day to [...]
FLORIDA BAR’S REJECTION OF NON-ATTORNEY OWNERSHIP THWARTS INNOVATION
Florida Bar's Rejection of Non-Attorney Ownership Thwarts Innovation By Etan Mark, Don Hayden and Josh Migdal, Mark Migdal & Hayden | Bloomberg Law, January 12, 2022 Co-founders of Miami law firm Mark Migdal & Hayden [...]
SPEAKING ENGAGEMENTS
April 8, 2020 Insurance Journal
Panelist on COVID-19 webinar for Insurance Journal
“Business Interruption and the Coronavirus: Things to Know”
April 6, 2017 Miami Global Pound Conference
Member of the Organizing Committee of the Miami Global Pound Conference and moderated Panel of Corporate Counsel, Florida Bar President and Leading Commercial Jurist regarding
“Use of Technology in Future Dispute Resolution”
November 3, 2016 Federal Bar Association,
“The Nuts & Bolts of International Litigation”
May 14, 2015 Berger Singerman,
“Using Class Action Waivers in Employment Setting”
January 15, 2015 Berger Singerman,
“Best Practices in Arbitration: The Good, the Bad and the Ugly”
September 2, 2014 Caribbean Arbitration Conference
Presented at the University of Miami School of Law’s International Arbitration Institute.
ARTICLES & ANNOUNCEMENTS
December 15, 2020 Law360,
4 Tips For Employers After 11th Circ. Supports $4M Arb. Award
August 31, 2020 Law360,
“How Supreme Court May Resolve Int’l Discovery Circuit Split”
May 31, 2019 The Miami Herald,
“Who’s next in line for a Cuban reparations lawsuit?”
May 1, 2019 The Daily Business Review,
“Will Title III Enforcement of Helms-Burton Act Open Floodgates to Cuban Reparations Claims?”
February 26, 2019 The Daily Business Review,
“Forum Non Conveniens: A Vehicle for Sending Foreign Litigants Back Where They Belong”
December 29, 2017 The Daily Business Review,
“The Rise of Third-Party Funding in International Arbitration”
July 20, 2016 Law360,
Don Hayden on “3 Things To Weigh Before Using A 3rd-Party Funder”
February 29, 2016 Law360,
Announces Don Hayden as Part of the 2016 International Arbitration Editorial Advisory Board
December 3, 2014 Doing Business in Florida,
“Florida: A Bright Destination for International Arbitration”
REPRESENTATIVE CASES
Case No.558
MM&H successfully represented two Florida entities who own valuable real estate property in Miami. Plaintiffs are Argentinean lawyers who provided certain limited services to the manager of the Defendants. Plaintiffs initiated an ex parte secret legal action in Argentina against Defendants and others supposedly premised upon their entitlement to purported professional fees relating […]
Industry: Real Estate, Rental & Leasing
Case No.469
After a multi-year contentious battle in what was billed as a bet the company misappropriation of trade secret, breach of restrictive covenants of key employees and tortious interference claim by a competitor, MM&H obtained a dismissal with prejudice on the even of an evidentiary hearing where it was anticipated that the Plaintiff’s pleadings […]
Industry: Real Estate, Rental & Leasing
Case No.462
MM&H was retained by one of Miami’s leading restauranteurs to lead a cross-border effort to recover a substantial Panamanian trust being mismanaged by an interested fiduciary. MM&H have coordinated with Panamanian counsel in a two-pronged approach to ensure the proper, intended distribution of the multi-million-dollar trust took place. First, MM&H laid the foundation […]
Industry: Advisory & Financial Services
Case No.332
MM&H has been retained as counsel for a group of high net worth individuals to intervene in a highly contentious dispute between developers of a high-end condominium building on South Beach to force turnover and to allow the homeowners’ association to take control and bring appropriate claims against the developers for dissipation of […]
Industry: Construction
Case No.150
Plaintiff brought claims against Humberto Visconte, his wife and their wholly owned entity, Markethings, LLC. arising out of allegations that Mr. Visconte, while acting as CEO of the Brazilian subsidiary, usurped a corporate opportunity for his own benefit, took kickbacks and performed other wrongdoing related to the Brazilian entity’s purchase of a large […]
Industry: Real Estate, Rental & Leasing
Case No.138
MM&H found itself in the center of a high-profile cross-border dispute brought by David Boies and the law firm of Boies Schiller on behalf of a US Trust that was supposedly assigned the interests of PDVSA, the Venezuelan government-owned oil company, in an alleged multi-billion kickback scheme. After a two-day evidentiary hearing, the […]
Industry: Oil & Gas
Case No.116
MM&H were retained to retrieve valuable watches that were stolen and sold to claimed BFP’s. A well-established watch dealer was conned into giving high end merchandise to agents of imprisoned con man on representations that they would be prominently used in a new music video of Jay-Zee and Beyoncé. Watches worth several hundred […]
Industry: Consumer Goods & Services
Case No.36
Meridian Trust Company and American Associated Group, Ltd., v. Eike Batista, EFG Capital International Corp., Paulo Gouvea et. al., Case No. 17-cv-23051-KMW, pending in the Southern District of Florida, is a massive fraud claim in which Plaintiffs, trust companies from the island of Nevis and the Cayman Islands, are seeking treble damages for […]
Industry: Oil & Gas
Case No.35
On February 28, 2018, the Third District Court of Appeals in a unanimous decision affirmed the decision of the trial court in favour of our clients, majority members and officers in a highly contentious shareholder rights claim brought by terminated management who also had minority membership interests in the global medical devices manufacturer. […]
Industry: Healthcare
Case No.23
MM&H represented Matt Lopatin in the defense of claims for breach of fiduciary duty and conversion related to the purported improper use of corporate funds. Mr. Migdal crafted a two-prong defense to liability: (1) Mr. Lopatin as 50% owner of a closely held telecommunications company was vested with the authority to make the […]
Industry: Telecommunications

















