Gustavo Membiela

Practice Areas

Gustavo Membiela is an experienced litigator whose practice focuses on complex commercial litigation and multinational disputes, including arbitration and investigations, with a particular focus on Latin American disputes.

Gus has over 20 years of experience handling a wide variety of commercial arbitrations matters around the world. He has successfully represented consumer product companies, financial institutions and corporations, developers, and investors in multi-jurisdictional disputes.

Gus also represents institutions in various litigations, multinational investigations, and sanctions compliance. He counsels clients both pre-and-post litigation on matters of corporate significance, which includes advising boards and other business leaders. 

Gus also maintains an active pro bono practice. He currently serves on the boards of Amigos for Kids and Area Stage Company and Theater Conservatory.

Professional Memberships

Member, International Bar Association

Board Member, Amigos for Kids

Member, Area Stage Company and Theatre Conservatory

Publications

Co-author, “OFAC Settles With Digital Currency Services Provider for Apparent Violations of Multiple Sanctions Programs,” Journal of Robotics, Artificial Intelligence & Law (July- August 2021)

Co-author, “Cuba: Amazon Wins Helms-Burton Case,” Latinvex (February 24, 2021)

Co-author, “Helms-Burton Lawsuits: A Status Overview ̶ A year and a half of Helms-Burton claims: “Where do things stand?”, Latinvex (October 14, 2020)

Co-author, “Cuba: Carnival Loses Attempt to Dismiss Lawsuit,” Latinvex (September 23, 2020)

Personal

Chambers USA, Litigation: General Commercial – Florida, 2019–2022

The Legal 500 Latin America, City Focus: Miami, 2021–2022

The Best Lawyers in America, International Trade and Finance Law, Florida, 2017–2022

AV-Rated and named among South Florida’s “Top Rated Lawyers” and “Top Rated Litigators” in Legal Leaders by Martindale-Hubbell and ALM, 2015–Current

South Florida Legal Guide, “Top Lawyer,” 2015, 2016, 2021

Florida Theater Guild, Remy Award for Outstanding Board Member, 2020

Super Lawyers “Rising Star” – Florida, 2009–2016

South Florida Business & Wealth, Up & Comer for Law for Miami-Dade County, 2016

Daily Business Review, “Rising Star,” 2014

South Florida Legal Guide, “Top Up and Comers,” 2012–2014

South Florida Business & Wealth, Up & Comer Law for Miami-Dade County (finalist), 2014

Brickell Magazine, “Top 20 Professionals Under 40,” June 7, 2013

Daily Business Review, “Most Effective Lawyer” (finalist), December 12, 2012

Cystic Fibrosis Foundation, South Florida Chapter, “40 Under 40 Outstanding Lawyers” of Miami-Dade County, June 19, 2012

South Florida Business Journal, “Up & Comer” – South Florida, 2006

Industry Sector Expertise

Litigation

Complex Commercial Litigation

International Arbitration

Class Actions

International Trade, CFIUS, Customs, Export Controls & Sanctions

Expert in these Jurisdictions

District of Columbia

Florida

New York

Languages Spoken

English and Spanish

Experience

Some of the experience represented here may have been handled at a previous firm.

Consumer Goods/Products

Represented a leading beverage company in a Florida state court action through a two-week jury trial and appeal on claims related to the termination of distribution agreements in the Dominican Republic.

Represented a leading logistics provider in multiple Florida state court actions involving claims related to termination of agreements with clients and collection on open invoices.

Advised Spanish consumer goods company interested in understanding the applicability of US sanctions toward Cuba and the Helms-Burton Act regarding the renovation and/or construction of manufacturing facilities in Cuba, operating the same and distributing the products within Cuba. Also provided advice regarding jurisdictions where such products may be sold.

Advised multinational alcoholic beverages company interested in entering into distribution relationships to export Cuban products with regard to jurisdictions where such products may be sold.

Advised global tobacco company in relation to exporting its products for sale in the Cuban market as well as other potential market opportunities in Cuba.

Advised multinational cigarette and tobacco manufacturing company interested in exporting its products for sale in the Cuban market.

Advised international supplier of frozen and fresh baked goods on trademark registration in Cuba.

Advised multinational manufacturer and distributor of disposable consumer products interested in exporting its products for sale in the Cuban market.

Advised an Argentine company operating online marketplaces dedicated to e-commerce and online auctions with respect to expanding its e-commerce services to Cuba.

Financial Institutions

Represented a top European bank in connection with lawsuits and ICDR and ICC arbitrations filed on behalf of bank customers seeking recovery from the estate of Madoff’s brokerage firm related to an alleged international Ponzi scheme.

Routinely develops sanctions compliance programs for international financial institutions and corporations, covering OFAC, anti-money laundering and sanctions towards Cuba, Nicaragua, Venezuela, and others.

Counsel to a leading financial institution regarding US rules and regulations that apply to institutions with a US presence seeking to engage in business with/operate in Cuba.

Advised European public industrial and commercial institution organized under the laws of France with respect to understanding the applicability of Helms-Burton Act and other US rules and regulations applicable to financial institutions that do not have a US presence and may want to engage in business with/operate in Cuba.

Advised multiple financial institution clients in connection with claims related to the garnishment of Cuban assets.

Tourism / Hotel

Counsel to Spanish hotel management company interested in understanding the applicability of US sanctions toward Cuba and the Helms-Burton Act to non-US hotel management companies proposing to manage one or more hotels in Cuba.

Advised Mexican travel and hospitality company with regard to the applicability of US sanctions toward Cuba and the Helms-Burton Act to non-US travel and hospitality companies seeking to offer Cuban hotels and vacation packages as part of their products and services.

Construction

Represented a REIT in a Florida state court action involving claims of breach of note and foreclosure of property in connection with a self-storage warehouse facility.

Representing a client in an ICC arbitration related to the purchase of land in Honduras.

Represented a consortium in international arbitration proceedings arising out of expansions of the Panama Canal.

Counsel to a manufacturer of plumbing fixtures interested in exporting construction products to Cuba.

Media

Advised a sports marketing and talent management company headquartered in California with respect to US regulations governing the hiring of Cubans living outside the US and Cuba.

Education