Monique D Hayes

Partner

Monique D Hayes

Partner

Miami Office

199 E. Flagler St.
Suite 405
Miami, FL 33131
(305) 204 - 6666
  • Summary

    Monique D. Hayes practices in the areas of business transactions, commercial litigation, and corporate restructuring. She has extensive experience advising fiduciaries, corporate and non-profit board members, entrepreneurs, and small businesses. Monique has successfully represented clients in a broad range of matters including asset sales and acquisitions; finance transactions, bankruptcy plan confirmations, avoidance actions, directors and officers claim litigation, Ponzi scheme and other fraud litigation. She also has substantial experience representing franchisors in franchisee bankruptcy proceedings. In the innovation and technology sector Monique has represented start-ups, entrepreneurs, and founders in corporate formations and restructuring, due diligence, and related transactional matters.

    Ms. Hayes is a member of the American Bar Association – Business Law Section, the Bankruptcy Bar Association S.D. Fla., the American Bankruptcy Institute, the International Women’s Insolvency and Restructuring Confederation (“IWIRC”) – Florida Network Chair, and the Wilkie D. Ferguson Jr. Bar Association – President Elect. She is also a member of the ABA Business Bankruptcy Committee and served as its 2013-2015 Fellow. Ms. Hayes frequently serves as a writer, commentator, and panelist on business issues.

    Ms. Hayes was included in the 40 under 40 Outstanding Lawyers of Miami-Dade County, received the IWIRC Rising Star Award, and has recently been recognized by Brickell Magazine as one of the Top 20 Professionals Under 40. She has also been lauded as a “Florida Rising Star” by Super Lawyers Magazine and a “Top Up and Comer” by Florida Trend magazine.  Most recently she received the prestigious Kathryn Heidt Award from the Business Law Section of the American Bar Association.

    Ms. Hayes is a member of the Florida Bar and has been admitted to practice before the United States District Courts for the Southern and Middle Districts of Florida. She received her Juris Doctor degree, cum laude, from the University of Miami School of Law. While at UM Law, Ms. Hayes was a member of the Bar and Gavel Honor Society. She was named to the Dean’s List, awarded the Dean’s Honor Scholarship, and received the C.A.L.I. Excellence for the Future Award in Chapter 11 Bankruptcy Skills. She received her undergraduate degree in Political Science, with honors, from the University of South Florida.

     

  • Background

    Prior to entering private practice, Ms. Hayes served as law clerk to U.S. Bankruptcy Judge Laurel Myerson Isicoff and as a housing attorney for Legal Services of Greater Miami, Inc. She was an attorney at the law firm Genovese, Joblove & Battista, P.A. before founding The Hayes Firm, PLLC then moving on to join Goldstein & McClintock, LLLP.

     

  • Representative Matters

    • Represented entrepreneurs in the purchase of a Downtown Miami Restaurant
    • Represented international technology and innovation non-profit in expansion of operations to Florida.
    • Represented brand influencer in multi-million dollar advertising campaign for fortune 500 company
    • Represented Trustee and Receiver in multi-million dollar litigation   related to healthcare management and insurance company liquidations.
    • Represented international distributor in compliance matters, business merger, and related transactions.
    • Represented local non‐profit in corporate governance and  transactional matters.
    • Represented bankruptcy trustee in suit against former officers and directors leading to the recovery of more than $70 million for the benefit of creditors.
    • Represented a franchisor of fast‐food restaurants in efforts to enforce termination of franchise agreement against debtors in bankruptcy.
    • Represented bankruptcy trustee in recovery of more than $36 million funds divested in Ponzi‐Scheme
    • Represented commercial tenants in asserting claims prosecuting against large commercial landlord debtor in bankruptcy.
    • Represented bankruptcy trustee and the sale of luxury speedboats and related trademarks and service marks for more than $1 million.
    • Represented creditors committee in real estate developer bankruptcy proceedings.


       
  • Bar Admissions

    Florida

    U.S. District Court Southern District of Florida

    U.S. District Court Middle District of Florida

     

  • Speaking Engagements

    • Panelist, Current Developments in Business Bankruptcy, ABA Business Bankruptcy Committee Bankruptcy, Bi‐Annual Presentations 2010‐Present
    • Panelist, Making It Work, Miami Law Women, University of Miami School of Law, February 2012
  • Publications

    • Author, When the Tides Turn: Fiduciary Duties of Directors and Officers of Distressed Companies, Business Law Today, July 2015
    • Author, Current Developments Regarding Claims in Bankruptcy (Bi‐annual ABA Business Bankruptcy Committee Article Submissions), 2010‐Present
    • Contributing Author, (Almost) Everything You Wanted to Know About Getting Retained, ABA Business Bankruptcy Committee, Fall 2009
    • Contributing Author, Business Law Section of the Florida Bar – Case Law Update, 2008
  • Education

    University of Miami School of Law, Coral Gables, FL

    Juris Doctorate                                                                                                               May 2004

    cum laude

     

    University of South Florida, Tampa, FL

    B.A. Political Science                                                                                                      May 2001

    with honors

     

  • Honors and Awards

    • Rising Star Award, Wilkie D. Ferguson, Jr. Bar Foundation                                             2015
    • Kathryn R. Heidt Memorial Award, American Bar Association                                         2015
    • Outstanding Young Alumnus Award, University of South Florida                                     2014
    • Legacy Magazine Honoree, Top 40 Leaders of Today                                                     2014
    • Brickell Magazine Honoree, Top 20 Professionals Under 40                                            2014
    • Super Lawyers Florida Honoree, Rising Star                                                                    2012-2017
    • Florida Legal Elite Honoree, Top Up and Comer                                                              2013
    • Sojourner Truth Award Honoree, Miami‐Dade Business Women’s Coalition                   2013
    • Rising Star Award, Int’l Women’s Insolvency and Restructuring Confederation               2011
    • Honoree, 40 Under 40 Outstanding Lawyers of Miami‐Dade County                               2010
  • Community Service

    In the community, Ms. Hayes is an active philanthropist and has been recognized among the United Way Miami-Dade Young Leaders. She is a member of the Miami Foundation Fellows Class 7 and received the Blackshear Fellowship Award, which is given to select candidates each year by the National Conference of Bankruptcy Judges. Ms. Hayes has also been honored by the University of South Florida as the 2014 Young Alumnus of the Year and received the Sojourner Truth Award from the Miami-Dade Business & Professional Women’s Alliance in recognition of her service to women in the business community. Ms. Hayes serves as board secretary for the University of South Florida Alumni Association. She is also a member of the board of directors and outside general counsel to Venture Café Miami.

     

  • Practice Areas

    Bankruptcy & Restructuring

    Business & Corporate

    Commercial Litigation

Monique D. Hayes practices in the areas of business transactions, commercial litigation, and corporate restructuring. She has extensive experience advising fiduciaries, corporate and non-profit board members, entrepreneurs, and small businesses. Monique has successfully represented clients in a broad range of matters including asset sales and acquisitions; finance transactions, bankruptcy plan confirmations, avoidance actions, directors and officers claim litigation, Ponzi scheme and other fraud litigation. She also has substantial experience representing franchisors in franchisee bankruptcy proceedings. In the innovation and technology sector Monique has represented start-ups, entrepreneurs, and founders in corporate formations and restructuring, due diligence, and related transactional matters.

Ms. Hayes is a member of the American Bar Association – Business Law Section, the Bankruptcy Bar Association S.D. Fla., the American Bankruptcy Institute, the International Women’s Insolvency and Restructuring Confederation (“IWIRC”) – Florida Network Chair, and the Wilkie D. Ferguson Jr. Bar Association – President Elect. She is also a member of the ABA Business Bankruptcy Committee and served as its 2013-2015 Fellow. Ms. Hayes frequently serves as a writer, commentator, and panelist on business issues.

Ms. Hayes was included in the 40 under 40 Outstanding Lawyers of Miami-Dade County, received the IWIRC Rising Star Award, and has recently been recognized by Brickell Magazine as one of the Top 20 Professionals Under 40. She has also been lauded as a “Florida Rising Star” by Super Lawyers Magazine and a “Top Up and Comer” by Florida Trend magazine.  Most recently she received the prestigious Kathryn Heidt Award from the Business Law Section of the American Bar Association.

Ms. Hayes is a member of the Florida Bar and has been admitted to practice before the United States District Courts for the Southern and Middle Districts of Florida. She received her Juris Doctor degree, cum laude, from the University of Miami School of Law. While at UM Law, Ms. Hayes was a member of the Bar and Gavel Honor Society. She was named to the Dean’s List, awarded the Dean’s Honor Scholarship, and received the C.A.L.I. Excellence for the Future Award in Chapter 11 Bankruptcy Skills. She received her undergraduate degree in Political Science, with honors, from the University of South Florida.

 

Prior to entering private practice, Ms. Hayes served as law clerk to U.S. Bankruptcy Judge Laurel Myerson Isicoff and as a housing attorney for Legal Services of Greater Miami, Inc. She was an attorney at the law firm Genovese, Joblove & Battista, P.A. before founding The Hayes Firm, PLLC then moving on to join Goldstein & McClintock, LLLP.

 

  • Represented entrepreneurs in the purchase of a Downtown Miami Restaurant
  • Represented international technology and innovation non-profit in expansion of operations to Florida.
  • Represented brand influencer in multi-million dollar advertising campaign for fortune 500 company
  • Represented Trustee and Receiver in multi-million dollar litigation   related to healthcare management and insurance company liquidations.
  • Represented international distributor in compliance matters, business merger, and related transactions.
  • Represented local non‐profit in corporate governance and  transactional matters.
  • Represented bankruptcy trustee in suit against former officers and directors leading to the recovery of more than $70 million for the benefit of creditors.
  • Represented a franchisor of fast‐food restaurants in efforts to enforce termination of franchise agreement against debtors in bankruptcy.
  • Represented bankruptcy trustee in recovery of more than $36 million funds divested in Ponzi‐Scheme
  • Represented commercial tenants in asserting claims prosecuting against large commercial landlord debtor in bankruptcy.
  • Represented bankruptcy trustee and the sale of luxury speedboats and related trademarks and service marks for more than $1 million.
  • Represented creditors committee in real estate developer bankruptcy proceedings.


     

Florida

U.S. District Court Southern District of Florida

U.S. District Court Middle District of Florida

 

  • Panelist, Current Developments in Business Bankruptcy, ABA Business Bankruptcy Committee Bankruptcy, Bi‐Annual Presentations 2010‐Present
  • Panelist, Making It Work, Miami Law Women, University of Miami School of Law, February 2012
  • Author, When the Tides Turn: Fiduciary Duties of Directors and Officers of Distressed Companies, Business Law Today, July 2015
  • Author, Current Developments Regarding Claims in Bankruptcy (Bi‐annual ABA Business Bankruptcy Committee Article Submissions), 2010‐Present
  • Contributing Author, (Almost) Everything You Wanted to Know About Getting Retained, ABA Business Bankruptcy Committee, Fall 2009
  • Contributing Author, Business Law Section of the Florida Bar – Case Law Update, 2008

University of Miami School of Law, Coral Gables, FL

Juris Doctorate                                                                                                               May 2004

cum laude

 

University of South Florida, Tampa, FL

B.A. Political Science                                                                                                      May 2001

with honors

 

  • Rising Star Award, Wilkie D. Ferguson, Jr. Bar Foundation                                             2015
  • Kathryn R. Heidt Memorial Award, American Bar Association                                         2015
  • Outstanding Young Alumnus Award, University of South Florida                                     2014
  • Legacy Magazine Honoree, Top 40 Leaders of Today                                                     2014
  • Brickell Magazine Honoree, Top 20 Professionals Under 40                                            2014
  • Super Lawyers Florida Honoree, Rising Star                                                                    2012-2017
  • Florida Legal Elite Honoree, Top Up and Comer                                                              2013
  • Sojourner Truth Award Honoree, Miami‐Dade Business Women’s Coalition                   2013
  • Rising Star Award, Int’l Women’s Insolvency and Restructuring Confederation               2011
  • Honoree, 40 Under 40 Outstanding Lawyers of Miami‐Dade County                               2010

In the community, Ms. Hayes is an active philanthropist and has been recognized among the United Way Miami-Dade Young Leaders. She is a member of the Miami Foundation Fellows Class 7 and received the Blackshear Fellowship Award, which is given to select candidates each year by the National Conference of Bankruptcy Judges. Ms. Hayes has also been honored by the University of South Florida as the 2014 Young Alumnus of the Year and received the Sojourner Truth Award from the Miami-Dade Business & Professional Women’s Alliance in recognition of her service to women in the business community. Ms. Hayes serves as board secretary for the University of South Florida Alumni Association. She is also a member of the board of directors and outside general counsel to Venture Café Miami.

 

Bankruptcy & Restructuring

Business & Corporate

Commercial Litigation