“Don is very analytical, knowledgeable of the law and very good at finding unconventional solutions.”
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DON HAYDEN 
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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 AND JOSÉ FERRER DISCUSS 1782
BREAKING NEWS (LAW360): The Supreme Court Set To Resolve Foreign Discovery Question The U.S. Supreme Court is set to resolve a 3-2 circuit split over whether district courts can order discovery for [...]
MARK MIGDAL & HAYDEN HIRES INTERNATIONAL LITIGATOR FROM BILZIN SUMBERG
MARK MIGDAL & HAYDEN HIRES INTERNATIONAL LITIGATOR FROM BILZIN SUMBERG Over the past year, COVID-related disputes and Florida-bound migration have bolstered the international litigator's practice while Latin American clients dealt with the region's [...]
DIVERSE VOICES : DON HAYDEN
Early in his career, Don Hayden was a young associate and closeted gay man in a litigation department that he describes as “a male-dominated frat house full of testosterone.” By South Florida Business Journal | [...]
MEET THE 2021 DIVERSE VOICES
Welcome to the Business Journal’s inaugural Diversity & Inclusion Awards section, which honors nearly two dozen diverse executives excelling in business in a variety of key sectors. By South Florida Business Journal | June 21, [...]
MAKING SOUTH FLORIDA THE MOST LIVABLE COMMUNITY IN THE U.S. FOR LGBTQ
Pride Month: "Our Fund" aims to make South Florida the most livable community in the U.S. for LGBTQ By Melissa Marrero WSFL-TV | June 3, 2021 In recognition of Pride Month, cities across the [...]
7 QUIRKY JOB PERKS SMALL BUSINESS OWNERS ARE USING TO ATTRACT TOP TALENT
From custom $1,200 suits to a gifted Peloton By Natalie Zfat, Business Insider | April 12, 2020 From fully remote work to seemingly endless video conference calls, COVID-19 has no doubt changed the [...]
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.68B
Represented provider of residential mortgage foreclosure processing services in putative federal securities class action in district court and on appeal, obtaining dismissal from the district court, affirmed by the Eleventh Circuit Court of Appeals in Philadelphia Financial Management of San Francisco, LLC, et al. v. DJSP Enterprises, Inc., et al., 572 F. App’x […]
Industry: Finance & Insurance
Case No.50B
Obtained dismissal of all claims including fraud and civil conspiracy against major French aircraft engine manufacturer, Safran Group and its subsidiaries, including fraud, civil conspiracy and theft of trade secrets through focused motion practice.
Industry: Engineering & Infrastructure
Case No.49B
Represented Republic of Ecuador in both ICC arbitration proceedings and related U.S. litigation involving breach of multi-year electrical utility concessions agreement.
Industry: Utilities
Case No.48B
Obtained dismissal of all claims including claims for civil theft, conversion and tortious interference against Mexican senior executive arising out of termination of long term contract with Mexican state government entity after federal bench trial.
Industry: Government & Administration
Case No.47B
Represented Spanish and Mexican telecommunications companies in various litigations arising out of their investments in U.S. radio and television companies eventually resulting in significant money damage claims for those Spanish and Mexican investors arising from misappropriations and breaches of fiduciary duties by their U.S. partner.
Industry: Telecommunications
Case No.45B
Represented Florida company in its claims against Bariven, a wholly owned subsidiary of PDVSA, the Venezuelan state-owned oil company in substantial claims arising out of sale of powdered milk from China contaminated with melamine involving parallel proceedings in Miami and Cayman Islands.
Industry: Oil & Gas
Case No.44B
Represented Florida company in its claims against Bariven, a wholly owned subsidiary of PDVSA, the Venezuelan state-owned oil company in substantial claims arising out of sale of powdered milk from China contaminated with melamine involving parallel proceedings in Miami and Cayman Islands.
Industry: Oil & Gas
Case No.43B
Successfully recovered approximately $4 million for Venezuelan stakeholder in Texas federal court interpleader action involving claims by Venezuelan government controlled entity, Petroles de Venezuela, S. A. (PDVSA), arising out of expropriation of client’s Venezuelan operations.
Industry: Oil & Gas
Case No.42B
Successfully represented President of the Republic of Colombia, Ecopetrol, the state-owned petroleum company, as well as other senior government officials by obtaining dismissal of RICO and other fraud claims arising out of alleged kickbacks in the award of oil exploration and drilling rights with stated damages of more than $250 million.
Industry: Oil & Gas
Case No.41B
Obtained dismissal of claims under Florida Whistleblower’s Statute by terminated executive working in Latin American operations against leading internet and technology company through motion practice as well as favorable resolution of wrongful discharge claims in related arbitration in US and civil litigation in Argentina.
Industry: Information & Technology
