NGD Homesharing, LLC Sues Airbnb; Cites Severe Harm and Damage

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Plaintiff’s Attorney Michael G. Austin reveals AIRBNB’s antitrust and anti-competitive behavior through its actions and communications towards NGD.

NGD Homesharing, LLC (NGD), a unique homesharing concept that develops, brands, markets, and manages multifamily residential communities, sued Airbnb in the Circuit Court of the 11th Judicial Circuit in and for Miami-Dade County, Florida on January 24, 2020. In the lawsuit, NGD alleges that Airbnb has been engaging in a pattern of “disruptive, dilatory, tortious, and bad-faith actions inconsistent with, and in violation of, the legal and contractual obligations Airbnb owes to NGD.”

The lawsuit (Case No. 2020-001849-CA-01) claims Airbnb breached its legal and contractual obligations to NGD under the parties’ Operating Agreement, and is blatantly breaching the duties of good faith, fair dealing, and loyalty owed to NGD and its Members. The lawsuit also said Airbnb is attempting to misappropriate NGD’s confidential business information, trade secrets and proprietary business methods for the benefit of Airbnb’s competing interests and tortiously interfering with NGD’s business relationships.

Attorney Michael G. Austin, from McDermott Will & Emery, LLP, who is representing NGD in this matter, said “this is a classic case of a big corporate player attempting to misuse its size and strong-armed legal tactics to improperly usurp an innovative business and technology from the hardworking founder, Harvey Hernandez, and the Miami-based NGD company.”

NGD previously provided formal notice to Airbnb regarding its pattern of wrongful conduct, but Airbnb continued its pattern of bad faith actions which are causing harm and damage to NGD.
Regarding Airbnb’s lawsuit filed in Northern California, Austin reaffirmed that Airbnb’s lawsuit is legally defective for multiple reasons and factually inaccurate.

“It was filed by Airbnb in an effort to improperly exert leverage on NGD in connection with on-going business negotiations, and to deflect attention from Airbnb’s own pattern of wrongdoing,” said Austin. “Despite Airbnb’s false assertions about purported unauthorized loans made by NGD’s manager, as reflected in NGD’s Florida lawsuit, Mr. Hernandez, in his capacity as the sole Manager of NGD, was expressly authorized under the governing NGD Operating Agreement to make the $1 million loan without Airbnb’s consent or authorization.”


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Robert Cadogan