RESIDENT PARTNERS
Brian L. Belt (Partner) born 1956; admitted to bar, 1981, Florida. Education: Kalamazoo College (B.A., 1978); University of Notre Dame Law School (J.D., 1981).
Brian L. Belt practices in the area of real estate, hospitality and corporate law. Mr. Belt has represented developers throughout the country and his real estate practice includes developer representation, including acquisition and sales, land use, leasing, construction and financing. Mr. Belt has represented developers engaged in a variety of construction projects, including an industrial park, a golf club and marina community, condominiums, shopping malls, office buildings and time-share projects. He also has extensive experience in significant hospitality projects and trans-border matters.
A member of the Florida Bar, Mr. Belt is a 1981 graduate of the University of Notre Dame Law School and a graduate of Kalamazoo College.
Areas of Practice
· Real Estate Law
· Corporate Law
· Hospitality Law
Representative Matters
· 200 acre, approximately 3,000,000 square feet office/distribution/industrial park in the Miami-Dade West Airport area.
· 200 acre luxury golf, country-club and marina community in Miami-Dade County.
· Ritz-Carlton Hotel-related condominium tower project in Sarasota, Florida.
· Representation of pension fund in connection with large regional mall located in Broward County, Florida.
· Disposition of office building portfolio located throughout the State of Florida valued at approximately $130 million utilizing innovative technology.
· Approximately $300 million condominium project in Northern Miami-Dade County.
· 200,000 square foot condominium office/distribution facility in Miami-Dade West Airport area.
· Mixed-use (marina, office, hotel, retail, and luxury condominium) project located in Jupiter, Florida.
· Representation of developer in connection with several thousand-unit, single-family, golf course, condominium, hotels, office, and commercial mixed-use, time-share project in Lee County, Florida.
· 40 acre, 600,000 square foot, technology and office/distribution park in Miami-Dade.
· Approximately $300 million condominium project in Northern Miami-Dade County. 600-unit luxury single-family golf course and marina community in Manatee County, Florida.
Professional Activities
· The Florida Bar {newline}- Condominium and Planned Community Committee
Board Memberships
· Camillus House {newline}- Board of Directors, Former Member
· University of Miami {newline}- Hall of Fame Committee and Executive Committee, Former Member
· Habitat for Humanity of Greater Miami, Inc. {newline}- Board of Directors, Former Member
· Beacon Council Member {newline}- Board of Directors, Former Member
· First Serve {newline}- Member of National Boad of Directors
Civic and Charitable Activities
· Greater Miami Tennis and Education Foundation {newline}- Pro Bono Counsel
Selected Publications
· "Legal and Practical Considerations for Purchasers of Broken or Distressed Condominiums," Real Estate Finance, April 2009
· "Legal and Practical Considerations for Purchasers of 'Broken' or Distressed Condominiums," Inform Legal, January 30, 2009
· "Eleventh Circuit Hands a Victory to Developers and Their Construction Lenders: Pukka Ruling Reversed on 99 Lot HUD Exemption," Duane Morris Alert, December 10, 2008
· "Legal and Practical Considerations for Purchasers of "Broken" or Distressed Condominiums," Duane Morris Alert, December 4, 2008
· "Distribution Agreements in Latin America," Journal of Commerce, December 14, 1997
Selected Speaking Engagements
· Presenter, "Mixed Use Projects," 2007 Hospitality Law Conference, Houston
· Presenter, "IMN Symposium on Hotel Condominiums," Miami, 2005
Member: The Florida Bar (Condominium and Planned Community Committee).
Languages: Spanish. Practice Areas: Real Estate Law; Corporate Law; Hospitality Law.Email: Brian L. Belt
Eric P. Berezin (Partner) born Bloomfield, New Jersey, August 28, 1959; admitted to bar, 1984, Florida; 1988, Georgia. Education: American University (B.S., cum laude, 1981); Rutgers School of Law (J.D., 1984).
Eric P. Berezin practices in the areas of labor and employment law and occupational safety and health with an emphasis on litigation. Mr. Berezin represents clients throughout the southeastern U.S. in arbitrations (including labor arbitrations), mediations and trials involving discrimination, harassment, retaliation, whistleblower and wrongful discharge claims. In addition, Mr. Berezin's practice includes the prosecution and defense of actions involving employment contracts, trade secrets and noncompetition agreements as well as employment-related tort and privacy claims. Mr. Berezin also provides counsel on techniques to avoid litigation and on employment-related agreements.
Mr. Berezin has extensive experience representing employers before the Occupational Safety and Health Review Commission, in state and federal court, and before various state agencies, including on-site safety and health investigations and any subsequent litigation with the Department of Labor. Additionally, he assists clients in developing safety and health procedures and policies and routinely conducts safety and health audits.
Mr. Berezin has published articles about safety and health-related topics as well as employment. He is a frequent speaker on topics related to occupational safety and health.
Admitted to practice in Georgia and Florida, Mr. Berezin is a member of the Labor and Employment Law Section of the American Bar Association as well as the Atlanta Bar Association. Mr. Berezin is a 1984 graduate of Rutgers University School of Law and a cum laude graduate of American University.
Areas of Practice
· Occupational Safety and Health
· Labor and Employment Law
Professional Activities
· American Bar Association {newline}- Labor and Employment Law Section
· Atlanta Bar Association
Experience
· Duane Morris LLP {newline}- Partner, 2006-present
· Powell Goldstein LLP {newline}- Partner, 1994-2006 {newline}-- Head of Labor, Employment and Immigration Group, 2003-2006
Selected Publications
· Quoted in "Employers putting the squeeze on workers" by Eve Tahmincioglu, msnbc.com, May 18, 2009
· Co-author, "Doing Layoffs the Right Way," Workforce Management Online, December 2008
Member: American Bar Association (Labor and Employment Law Section); Atlanta Bar Association.
Practice Areas: Employment Law; Management Labor Relations; Employment Litigation; Manufacturing; Immigration Law; Employment Immigration.Email: Eric P. Berezin
David R. Carlisle, P.A. (Partner) admitted to bar, 1984, Florida; U.S. Supreme Court; U.S. Court of Appeals for the Eleventh Circuit; U.S. District Court for the Southern District of Florida. Education: University of Miami (B.M., 1979); University of Miami School of Law (J.D., 1984).
David R. Carlisle, P.A. concentrates his practice on dispute resolution involving trusts, estates and guardianships, and related issues. He is a frequent lecturer on issues relating to estates, trusts and guardianships, and is active in legislative initiatives on behalf of the Real Property Probate and Trust Law Section of The Florida Bar as well as private clients. Recently, Mr. Carlisle was appointed by the Department of Elderly Affairs to the Board of Directors of the Statewide Public Guardianship Offices Direct Support Organization.
Mr. Carlisle is a fellow of the American College of Trust and Estate Counsel and a member of its Asset Preservation Committee. He is a member of the Executive Council of the Real Property Probate and Trust Law Section of The Florida Bar and recently served a term as chair of the Guardianship Law and Procedure Committee. He presently serves on the Probate Litigation, Probate Law and Durable Power and Advance Directive committees. Mr. Carlisle is presently the co-vice chair of the Dade County Bar Association Probate and Guardianship Committee and is a member of the American Bar Association, the Coral Gables Bar and the Dade County Bar Association.
Mr. Carlisle is a 1984 graduate of the University of Miami School of Law and a graduate of the University of Miami.
Areas Of Practice
· Trust, Estate and Guardianship Litigation
Professional Activities
· The Florida Bar {newline}- Chair, Guardianship Law and Procedure Committee, 2004-2006 {newline}- Vice Chairman, Guardianship Law and Procedure Committee, 2002-2003 {newline}- Chair, Florida Probate Rules Committee, 1999-2002 {newline}- Executive Council, Real Property, Probate & Trust Law Section {newline}- Member, Probate and Trust Litigation Committee {newline}- Member, Rules of Judicial Administration Committee, 2000-2002
· American Bar Association {newline}- Litigation Section {newline}- Real Property, Probate and Trust Law Section
· Coral Gables Bar {newline}- President, 1995-1996
· Dade County Bar Association {newline}- Co-Vice Chair, Probate and Guardianship Committee
Board Memberships
· Board of Directors, Statewide Public Guardianship Offices Direct Support Organization
Honors and Awards
· Fellow, American College of Trust and Estate Counsel (ACTEC) {newline}- Member, Asset Preservation Committee
Selected Publications
· "Fraudulent Transfer/Fraudulent Conveyances in Estate Planning," Florida Bar Continuing Legal Education Seminar, Estate Planning in the New Millennium, 2000
Selected Speaking Engagements
· "Creditor Rights and Fiduciary Obligations in Insolvent Estates," Trust Law Symposium, May 17 and 25, 2007
· "Greatest Cases of the Decade," Florida Legal Educator's Association "Guardianship Team" seminar, Tampa, Florida, March 15, 2007
· "Joint Property Issues," Florida Education Association Estate planning in the Real World Seminar, 2005
· "Least Restrictive Alternatives to Guardianship Litigation Issues," The Florida Bar, 2005
· "Protecting the Estate from the Decedent's Fraudulent Transfers," The Florida Bar, 2004
· "Minor Settlements," Florida Legal Education Association, Intermediate Seminar, 2004
· "Guardianship News," The Florida Bar, 2003
· "Florida Probate Rules 2002 Amendments," The Florida Bar, 2001
· "Litigation Issues," Florida Bar Continuing Legal Education Seminar - Elective Share: Integrating the New Law Into Your Practice, 2001
· "Florida Probate Rules: 2002 Amendments and Preview of Proposed Rules," Florida Legal Education Association, 2001
· "Fraudulent Transfer/Fraudulent Conveyances" in Estate Planning, Florida Bar Continuing Legal Education Seminar, Estate Planning in the New Millennium, 2000
Member: The Florida Bar (Chair, Guardianship Law and Procedure Committee, 2004-2006; Vice-Chairman, Guardianship Law and Procedure Committee, 2002-2003; Chair, Florida Probate Rules Committee, 1999-2002; Executive Council, Real Property, Probate and Trust Law Section; Member, Probate and Trust Litigation Committee; Rules of Judicial Administration Committee, 2000-2002); American Bar Association (Litigation Section; Real Property, Probate and Trust Law Section); Coral Gables Bar (President, 1995-1996); Dade County Bar Association (Co-Vice Chair, Probate and Guardianship Committee).
Practice Areas: Probate and Trust Litigation; Commercial Litigation; Civil Trials and Appeals.Email: David R. Carlisle, P.A.
Joanne B. Erde (Partner) born 1951; admitted to bar, 1978, New York; 1986, Florida. Education: State University of New York at Buffalo (B.A.); University of California, Los Angeles (M.P.H.); Hofstra University School of Law (J.D.).
Joanne B. Erde's principal area of practice is in the healthcare industry. She concentrates on representing hospitals and other health care providers on Medicare and Medicaid payment, coverage and compliance issues.
In recent years she has represented healthcare providers across the country in cases before the Provider Reimbursement Review Board, state administrative agencies and the federal courts. She also advises clients in disputes with the Centers for Medicare & Medicaid Service, Medicare fiscal intermediaries and state Medicaid programs regarding regulatory, compliance and false claim issues.
Admitted to practice in both Florida and New York, she is a member of the American Health Lawyers Association and the Health Law Sections of both the Florida Bar and the New York State Bar Association. She is a board certified healthcare lawyer.
Ms. Erde is a 1977 graduate of Hofstra University School of Law and earned a Master of Public Health degree from the University of California at Los Angeles in 1974. She is a magna cum laude graduate of the State University of New York at Buffalo and is a member of Phi Beta Kappa.
Areas of Practice
· Healthcare
· Third Party Reimbursement
· Compliance/Fraud and Abuse
· Medicare & Medicaid
· Licensure & Certification
Representative Matters
· Negotiated the successful termination of an OIG investigation of a nonprofit hospital system regarding allegations of cost report irregularities.
· Advised a large nonprofit hospital system regarding the validity of affiliation agreements for purpose of receiving Medicare reimbursement for IME/GME.
· Advised a group of hospitals regarding the structure to avoid violating the "all or substantially all" criteria of forming practice residency programs in a non-provider setting.
· Successfully litigated numerous challenges to Florida Medicaid rate setting for inpatient and outpatient hospitals service.
· Obtained favorable resolution of application of Bad Debt Moratorium causing hospital to retain $6 million of bad debt reimbursement.
· Negotiated successful settlement of Medicaid false claim investigation regarding psychiatric services, which was resolved by repaying less than 10% of amount originally demanded.
· Advised numerous hospitals regarding the Recovery Audit Contractors.
· Advised numerous hospitals regarding a variety of Medicare bad debt issues; litigated these issues as well.
· Successfully litigated various jurisdictional challenges regarding eligible Medicaid days for purpose of DSH.
· Representing numerous CMHCs in challenge to "Must Bill" rule applied to dual eligible patient bad debts.
· Represented clinics in state challenges to Medicaid participant resulting in a TRO against the state for excluding provider.
· Pursued numerous group appeals challenging exclusion of dual eligible, labor and delivery and general assistance and charity care days from the DSH calculation.
· Obtained favorable resolution of hospitals failure to comply with distinct part unit rules.
· Advised numerous clients regarding obtaining and retaining provider based status.
· Litigated numerous issues regarding IME/GME Medicare reimbursement.
· Successfully negotiated OIG investigation of lab swapping investigation.
Professional Activities
· The Florida Bar - Health Law Section
· American Health Lawyers Association
· New York State Bar Association - Health Law Section
· Healthcare Financial Management Association
· Member, Program Committee, of the AHLA Medicare and Medicaid Institute, 2008 and 2009
Experience
· Duane Morris LLP {newline}- Partner, 2004-present
· Broad and Cassel {newline}- Partner, 1999-2004
· Steel Hector and Davis {newline}- Partner, 1992-1999
· Mershon Sawyer Johnston Dunwoody & Cole {newline}- Of Counsel, 1986-1992
· Wood Lucksinger & Epstein {newline}- Associate, 1982-1986
· United Mine Workers Health & Retirement Fund {newline}- Assistant General Counsel, 1977-1982
Honors and Awards
· Listed in The Best Lawyers in America, 1995-present
· Listed in Chambers USA: America's Leading Lawyers for Business, 2006-present
· Listed in Florida Super Lawyers, 2006-present
· Listed in Florida Trend Legal Elite, 2006-present
· Recognized by Florida Monthly "Best Lawyers", 2004, 2006
· Who's Who in American Lawyers
· HFMA Follmer Bronze Merit, 1999
Selected Publications
· "Medicaid Integrity Program: Piled Higher and Deeper," Modern Healthcare, June 2009
· "CMS Invents Yet Another Way to Delay the Effective Date for Newly Certified Providers," Reimbursement Advisor, April 2009
· "D.C. District Court Decision Gives New Life to Medicare Bad Debt Moratorium," Reimbursement Advisor, August 2008
· "New Medicare Bad Debt Joint Signature Memorandum - History Rewritten," Reimbursement Advisor, July 2008
· "Appealing Your RAC Determination," Sunspots, June 2008
· "Medicare Bad Debts: Are You Losing Money?" HFM Magazine, June 2008
· "Bad Debts: is the Glass Half Empty or Half Full?" Reimbursement Advisor, November 2007
· "Medicare Bad Debts," Modern Healthcare, March 2007
· "Medicaid Integrity Program," Compliance Today, October 2006
· "Bad Debts in the Limelight Again," Reimbursement Advisor, August 2006
· "Recovery Audit Contractors: Is the Honeymoon Over?" Compliance Today, February 2006
· "CMS Reverses Favorable DSH Decisions," Reimbursement Advisor, November 2005
· "Coffee Break is Over: CMS Ends Temporary Hold on Application of Inpatient Rehabilitation PPS Regulations," Compliance Today, November 2005
Selected Speaking Engagements
· "Statewide Medicaid False Claims Act Investigation: Coding of Emergency Room Visits," FHA Corporate Compliance Association Annual Meeting, June 4, 2009
· "Current Issues in Medicare Bad Debts," AHLA Medicare & Medicaid Institute, March 25, 2009
· "Special Issues in New PRRB Rules," AHLA Teleconference, September 9, 2008
· "Collection Agency Bad Debt Issues," ACA Annual Meeting, July 25, 2008
· "Appealing Your RAC Determinations," South Florida Hospital Association, May 9, 2008
· "Medicaid Integrity Program," HCCA Annual Meeting, April 28, 2008
· "Medicaid Integrity Program," HCCA Annual Meeting, April 13, 2008
· "Current issues in Medicare Bad Debts," AHLA Medicare and Medicaid Institute, April 9-11, 2008
· "Medicare Bad Debts," Dixie Institute, February 20, 2008
· "Medicare Bad Debts," Philadelphia HFMA, September 2007
· "Medicare Bad Debts," AHLA Medicare and Medicaid Institute, March 2007
· "Medicare Payment and Cost Report Issues From a Compliance Prospective, "HCCA Southern Region, February 2007
· "Legal Issues Pertaining to the Uninsured," HCCA Southern Region, January 2005
· "Legal and Legislative issues Pertaining to the Uninsured," HFMA Fall 2004 Educational Programs, November 8, 2004
· "Florida Legislative Update," Florida Institute of Certified Public Accountants, April 29, 2004
· "Health Care After Enron," Florida Hospital Association, November 2002
· "Compliance Matters," Florida HFMA, May 2001
· "Things to Look for in Monitoring Cost Reports for Compliance," HCCA's Annual Compliance Institute, September 25, 2000
· "Compliance: Training, Reporting, Disclosing, Investigation," Florida HFMA Annual Meeting, April 29, 1998
· "Help! The FBI is at the Door," Corporate Compliance Forum, October 9-10, 1997
· "Reimbursement Update," American Health Lawyers Association Annual Update, June, Mid 1990s
· "Current Reimbursement Issues," Dixie Institute, March 9, 1994
· "Current Compliance and Reimbursement Issues," A2 Meeting (Association of State Hospital Associations), March 26, 1994
· "Current Medicare Reimbursement Issues," Florida HFMA, May 11, 1994
Member: The Florida Bar (Health Law Section); American Health Lawyers Association; New York State Bar Association (Health Law Section); Healthcare Financial Management Association.
(Board Certified Health Law Lawyer, Florida Bar Board of Legal Specialization and Education). Practice Areas: Healthcare; Third Party Reimbursement; Compliance; Fraud and Abuse.Email: Joanne B. Erde
Michelle Gervais (Partner) born Michigan, May 2, 1974; admitted to bar, 1999, Florida; U.S. District Court for the Southern District of Florida; U.S. District Court for the Middle District of Florida; U.S. Court of Appeals for the Eleventh Circuit. Education: Central Michigan University (B.S., Political Science and Broadcast and Cinematic Arts, cum laude, 1996); University of Miami School of Law (J.D., cum laude, 1999).
Michelle Gervais practices in the areas of complex business, marital and family, real estate and foreclosure litigation, insurance disputes, products liability, fiduciary obligations and intellectual property. Ms. Gervais represents high-profile individuals and business entities in domestic disputes, toxic torts and asbestos litigation as well as major developers and mortgage companies in both real estate litigation, including but not limited to alleged violations of the Interstate Land Sales Act, Florida's Deceptive and Unfair Trade Practices Act, purchase contract violations and foreclosures.
Ms. Gervais also represents high-profile clients in drafting and/or analyzing pre- and post-nuptial agreements and dissolution of marriage proceedings, including but not limited to actions involving paternity, custody, child support, alimony, domestic violence, modifications and pre- and post-nuptial disputes.
In 2007, Ms. Gervais received the prestigious Domestic Violence Award for her pro bono work with victims of domestic violence from Put Something Back, the 11th Circuit for Miami-Dade County and the Miami-Dade County Bar Association.
Ms. Gervais is a member of the Section of Litigation and the Family Law Section of the American Bar Association, a member of the Bar/Bench Committee and CLE Committee of the Family Law Section of The Florida Bar, 2003-2004 co-chair of the Family Court Steering Committee of the Dade County Bar Association, 2003-2004 recipient of Dade County Bar Association Certificate of Merit, 2000-2001, 2004-2005 and 2005-2006, Past Chair of the Family Court Steering Committee of the Dade County Bar Association, volunteer judge for Juvenile Offenders of the Miami-Dade County Teen Peer Court for Juvenile Justice, a member of the First Family Law Inn of the American Inns of Court, appointed Guardian Ad Litem for children involved in domestic violence and custody disputes, past member of the Board of Directors for the Children's Psychiatric Center, Inc. and past Vice President and President Elect of the Board of Directors for DFYIT (Drug Free Youth in Town).
She is a 1999 cum laude graduate of the University of Miami School of Law, where she was on the Dean's List, received Book Awards and was President of the Moot Court Board in 1998-1999, and a cum laude graduate of Central Michigan University.
Experience
· Duane Morris LLP {newline}- Partner, 2009-present {newline}- Associate, 2003-2008
· Carlton Fields, P.A., Miami, Florida {newline}- Associate, 2000-2003
· Young, Berman , Karpf & Gonzalez, P.A., Miami, Florida {newline}- Associate, 1998-2000
Board Memberships
· Past Member of Children's Psychiatric Center, Inc.
· Past Vice President and President-Elect for DFYIT (Drug Free Youth in Town)
Civic and Charitable Activities
· Miami-Dade County Chamber of Commerce
Honors and Awards
· Dade County Bar Recognition for Service Award, 2000-2001, 2004-2005, and 2005-2006
Selected Publications
· Co-Author, "Overview of Legislation and Rules Relating to Family Violence," National Business Institute, 2002
· Co-Author, "Unequal Judicial Treatment of Employers and Employees," Dade County Bar Bulletin, 2000
Practice Areas: Commercial Litigation; Antitrust Law; Intellectual Property Law; Family Law; Construction Law.Email: Michelle Gervais
Harvey W. Gurland, Jr. (Partner) born Rockville Centre, New York, October 8, 1954; admitted to bar, 1979, Florida; 1984, New York; United States Court of Appeals for the Eleventh Circuit; United States District Court for the Southern, Middle and Northern Districts of Florida; State Courts of New York; State Courts of Florida. Education: University of Miami School of Law (J.D., 1979).
Harvey W. Gurland, Jr. represents clients in general business and corporate matters, including class actions and shareholder suits, intellectual property, real estate litigation and claims involving lender liability. He also handles petroleum marketing matters.
Mr. Gurland is former chair of the Petroleum Marketing Committee of the American Bar Association's Section of Environment, Energy and Resources and a member of its Section of Litigation. He is also a member of the Environmental and Land Use Law and the Trial Lawyers sections of The Florida Bar, and a member of the New York State Bar Association.
He has lectured on the subjects of the Petroleum Marketing Practices Act, premises liability and legal ethics. Admitted to practice in Florida and New York, he is a former judicial clerk to the Hon. Jose A. Gonzalez, Jr. of the United States District Court for the Southern District of Florida.
Mr. Gurland is a 1979 graduate of the University of Miami School of Law and a 1976 graduate of Queens College of the City University of New York.
Mr. Gurland serves on the firm's governing Partners Board.
Representative Matters
· Represented shareholders in derivative action brought against officers and directors of major utility company. Suit involved issues regarding proxy disclosures and right to payments under change of control agreements in the wake of a merger that was initially approved by shareholders but was not consummated. Procured settlement of approximately $22 million for the utility company.
· Defended multiple cases for major oil companies under the Petroleum Marketing Practices Act, as well as allegations concerning pricing of motor fuel and contract compliance in their relationships distributors and dealers under supply contracts. Cases have been in federal and state courts throughout the United States.
· Counseled clients regarding transportation and oil industry regulations relating to facilities management and distribution of petroleum products.
· Successfully defended clients in consumer class actions brought in federal and state courts throughout the United States.
· Defended a company and executive officers in patent infringement claim related to method of cleaning and maintaining utility lines from helicopters. Defense successfully invalidated all patent claims by the plaintiff.
· Represented companies regarding non-compete and trade secret agreements in several industries. Dealt with multiple complex issues for clients involved in health care, high-tech, energy and utilities industries.
· Brought enforcement actions on behalf of lenders with security interests in shopping centers, hotels, office buildings, office parks and other forms of property throughout the state of Florida. Actions consistently resulted in repayment of loans and/or successful foreclosure on the property and successful defense of lender liability claims.
· Represented healthcare industry service provider in Medicare reimbursement litigation against a hospital. Dealt with complex calculations of allowable reimbursements under state and federal regulations.
· Handled arbitration of case involving Medicare reimbursement calculations and dispute over amounts owed relating to sale of hospital.
· Represented parties involved in disputes over calculations of "earnout" provisions in post-closing adjustments to the purchase prices of various ongoing businesses.
· Represented hotel operator that could not make payments to its landlord and successfully used bankruptcy process to monetize the value of a lease that was worth more than the back rent owed. Used leasehold asset to obtain $1.1 million for client's equity holders and creditors, which allowed them to discharge all obligations and share in some dividends after distribution of all equity.
· Represented client in copyright dispute concerning software programs designed for "logistics" industry.
Professional Activities
· Judge, Florida Bar Association's annual Mock Trial Competition, Florida Bar Association's Mid-Year Meeting, 2001-2008
· Organized 2001 Annual Meeting of the Petroleum Marketing Committee of the American Bar Association, St. Louis, Missouri
· Organized 2000 Annual Meeting of the Petroleum Marketing Committee of the American Bar Association, San Francisco, California
· American Bar Association {newline}- Section of Environment, Energy and Resources {newline}-- Chair, Petroleum Marketing Committee, 1999-2001 {newline}- Section of Litigation
· Organized 1999 Annual Meeting of the Petroleum Marketing Committee of the American Bar Association, San Diego, California
· The Florida Bar {newline}- Environmental and Land Use Law Section {newline}- Trial Lawyers Section
· New York State Bar Association
Civic and Charitable Activities
· Member, Board of Trustees, Arts and Business Council of Miami, Inc., 1993-present, Chair 1997-1999
Honors and Awards
· Named in the South Florida Legal Guide Top Lawyers for Commercial Litigation, 2006, 2007 and 2008
· Named one of 2007 Florida Super Lawyers for Business Litigation
· 2001 Put Something Back Pro Bono Award, Cultural Arts category, Miami-Dade County Bar Association
Selected Publications
· Co-author, "Petroleum Marketing & Refining Committee's Annual Report," ABA Section on Environment, Energy and Resources' Year in Review, 2003
· Co-author, "At Firms With 'No Jerks' Rules, Abusive Attorneys Need Not Apply", Daily Business Review, October 2007
Selected Speaking Engagements
· "Legal Ethics," Chicago, Illinois, 1996
· "Legal Ethics," New Orleans, Louisiana, 1998
· "Premises Liability - Current Trends," Los Angeles, California, 1994
· "Petroleum Marketing Practices Act," Washington, D.C., 1989
Member: American Bar Association (Chair, Petroleum Marketing Committee, Section of Environment, Energy and Resources, 1999-2001; Section of Litigation); The Florida Bar (Environmental and Land Use Law Section; Trial Lawyers Section); New York State Bar Association.
Practice Areas: Litigation; Petroleum Marketing; Toxic Torts; Employment Law; Environmental Law; Commercial Litigation.Email: Harvey W. Gurland, Jr.
Thomas M. Karr, P.A. (Partner) born Belleville, Illinois, December 6, 1959; admitted to bar, 1982, Florida; U.S. District Court for the Southern, Middle and Northern Districts of Florida; 11th Circuit Court of Appeals. Education: University of Miami (B.A., cum laude, 1979); University of Miami School of Law (J.D., cum laude, 1982).
Thomas M. Karr, P.A. practices in the area of probate and trust litigation. He has experience with complex probate and fiduciary litigation as well as commercial litigation, class actions, securities fraud, product liability, complex insurance matters and lender liability litigation.
Mr. Karr is a fellow of the American College of Trust and Estate Counsel. He is the co-vice chair of the Probate and Trust Litigation Committee of the Real Property Probate and Trust Law Section of the Florida Bar, is a member of the Executive Council of the Real Property Probate and Trust Law Section and is a circuit representative to the Executive Council from the Eleventh Judicial Circuit. He speaks frequently on topics related to probate, trust, and fiduciary litigation. Mr. Karr is a 1982 cum laude graduate of the University of Miami School of Law and a cum laude graduate of the University of Miami.
Areas of Practice
· Probate, Trust and Fiduciary Litigation
Representative Matters
· Trust beneficiary claim to modify trust.
· Prosecution of claim on behalf of corporate trustee to determine title and ownership of retirement account involving issues of undue influence and lack of capacity.
· Corporate fiduciary's claim for return of estate assets conveyed during decedent's lifetime as a result of fraud and undue influence.
· Representation of trust beneficiary in proceeding to amend trust regarding trustee succession.
· Representation of beneficiary to estate investigating identity, nature and value of estate assets.
· Representation of personal representative in action seeking determination of homestead and defending against charges of maladministration and surcharge.
· Defense of private individual serving as personal representative and trustee from claims seeking removal and surcharge.
· Ancillary personal representative in action to preserve estate assets valued in excess of $2 million including a determination of beneficiary status due to beneficiary's alleged murder of the decedent.
· Claimant in action against estate for breach of contract claim in excess of $1 million.
· A large national charitable institution as charitable residual beneficiary of a trust valued in excess of $4 million.
· Private individual in action to revoke probate of lost or destroyed will.
· Citicorp Trust and private individual as co-trustees of irrevocable trust in litigation attacking validity of trust valued in excess of $6 million and elective share claim.
· Private individual serving as personal representative of estate in litigation arising out of elective share claim
· Private individuals as intestate heirs of estate valued in excess of $5 million in injunctive relief action to obtain return of wrongful distributions.
· Two large national charitable institutions as charitable residuary beneficiaries of a trust valued in excess of $4 million in a litigated dispute with the trustee over trust administration and professional fees.
· Ex-spouse of a decedent enforcing multiple claims against the decedent's estate valued in excess of $2.6 million arising out of a property settlement agreement.
· WCI Communities, Inc., one of the largest real estate developers in Florida, in a complex inverse condemnation and substantive due process action arising out of the city of Coral Springs' imposition of a moratorium on multi-family housing.
· A private individual in a probate action involving an estate in excess of $15 million and separate proceedings for a will contest, tax apportionment, and accounting of trust assets.
· FPL Group, Inc. in two shareholder derivative actions arising out of the payment of certain employment benefits resulting from a single trigger change of control provision in connection with shareholder approval of a merger.
· A private owner of a piece of real property valued by the Miami-Dade County Property Appraiser in excess of $34 million in a proceeding to obtain an agricultural classification of the property.
· Former Secretary of State of Florida, Katherine Harris, in multiple actions throughout Florida arising out of the 2000 Presidential Election; direct involvement in trial of main action and subsequent appeals to the United States and Florida Supreme Courts.
· OLDE Discount Corporation, now known as H&R Block Financial Advisors, Inc., in a class action for alleged securities fraud, consumer fraud, and common law fraud in the Superior Court of Maricopa County, Arizona.
· Morgan Stanley Dean Witter & Company, Discover Card Financial Services, Inc., and Greenwood Trust Company in a putative class action for alleged consumer collection practice violations and unfair trade practices in the U.S. District Court for the Southern District of Florida.
· Cap Gemini America, Inc., one of the nation's largest information technology consulting companies, in a complex breach of contract action arising out of the development and installation of specialized software to improve the manufacture of glass containers.
· Nissho Corporation, a Japanese manufacturer of medical devices and its U.S. subsidiary, Nipro Medical Corporation, in a dispute with its distributor and the Federal Food and Drug Administration arising out of allegedly defectively designed dialysis devices.
· Florida Power & Light Company in an action arising out of administrative proceeding to enforce rules promulgated by Florida Public Service Commission.
· FPL Group, Inc. in several actions throughout Florida, including: Dade, St. Lucie, Putnam and Duval counties, contesting the ad valorem assessments of its tangible personal and real property, including the valuations of its nuclear power plants as affected by recent changes in the regulation of the power industry.
· McDonald's Corporation in franchise territorial dispute in U.S. District Court for the Southern District of Florida.
· FPL Group, Inc. in U.S. District Court for the Southern District of Florida defending action for damages arising out of alleged exposure to nuclear radiation. Motion to dismiss granted, affirmed on appeal to the Eleventh Circuit Court and certiorari denied by the U.S. Supreme Court.
· Price Waterhouse in the U.S. District Court for the Southern District of Florida in action for securities fraud and accounting malpractice action seeking damages in excess of $100 million.
· Miami-Dade Community College, a two-year, state-supported community college that serves more than 120,000 students each year from five campuses and numerous outreach centers, in action against the contractor and architect for construction delay and defects and architectural malpractice.
· K-Mart Corporation in a construction delay action in the U.S. District Court for the Southern District of Florida.
· NCL Corp. in superfund cost recovery claim of approximately $10 million in the U.S. District Court for the Southern District of Florida.
· Carner Mason Associates, Ltd., in a breach of contract suit against the City of Miami Beach and its redevelopment agency over the development of one of the largest marina projects in the Southeastern United States.
· FPL Group, Inc. in U.S. District Court for the Middle District of Florida in complex RlCO and breach of contract action
· Mitsubishi Motor Sales of America, Inc. (MMSA) and Value Rent A Car, Inc., in a complex fraud and breach of contract action arising out of MMSA's acquisition of Value Rent A Car, Inc.
· Southeast Bank in a complex lender liability action.
· Alumax, Mitsubishi Motor Sales of America, Inc., Nissan Motors, Motorola Corp., and several other major corporations in a complex fidelity bond action in the Federal District Court for the Central District of California.
· Alumax Extrusions, lnc. in Benton, Indiana, in complex breach of contract.
Professional Activities
· American Bar Association
· The Florida Bar {newline}- Real Property Probate and Trust Law Section {newline}-- Probate and Trust Litigation Committee {newline}--- Co-Vice Chair {newline}-- Probate Law Committee {newline}- Grievance Committee {newline}-- Former Chair
· Dade County Bar Association
· Phi Alpha Delta
Experience
· Duane Morris LLP {newline}- Partner, 2007-present
· Berger Singerman {newline}- Partner, 2005-2007
· Steel Hector & Davis LLP {newline}- Partner, 1988-2005
Board Memberships
· Coral Gables War Memorial Youth Center {newline}- Member, Board of Directors {newline}- Member, Scholarship Committee
Civic and Charitable Activities
· Lawyers for Children Task Force {newline}- Member and Guardian Ad Litem
· Domestic Violence Task Force
· U.S. Selective Service Board {newline}- Appointed by President of the United States, 1993
· Haitian Asylum Task Force
· Hurricane Andrew Crisis Task Force
Honors and Awards
· Fellow, American College of Trust and Estate Counsel (ACTEC)
· Top South Florida Lawyer, South Florida Legal Guide
· Super Lawyers
· Florida Trend Magazine Legal Elite
Selected Speaking Engagements
· "Current Litigation Topics of Electric Share," Sarasota Bar Association, Estate Planning and Probate Section, Sarasota, Florida, May 27, 2009
· "The Best Laid Plans-A Showdown Between the Drafters and the Litigators," The Florida Bar Trust and Estate Symposium 2009, Tampa, Florida, February 12, 2009; Fort Lauderdale, Florida, February 13, 2009
· "Trustee Surcharge Actions," Attorney/Trust Officer Liaison Conference, June 19, 2008
· "Removing the Trustee or Modifying the Trust: Just How Difficult or Easy Is It?" The Florida Bar Trust and Estate Symposium 2008, Tampa, Florida, February 8, 2008; Fort Lauderdale, Florida, February 18, 2008
· "Two Sides to the Trustee Dilemma: Who Pays While Defending Fiduciary Liability Litigation?" The Florida Bar Trust & Estate Symposium 2007, Tampa, Florida, May 17, 2007; Fort Lauderdale, Florida, May 25, 2007
· Multiple speeches to members of the Miami-Dade and Collier County Bar Associations and the Corporate Fiduciaries of Southwest Florida on current litigation topics
Member: American Bar Association; The Florida Bar (Co-Vice Chair, Probate and Trust Litigation Committee, Real Property and Trust Law Section; Probate Law Committee; Former Chair, Grievance Committee); Dade County Bar Association.
Practice Areas: Trial Practice; Litigation; Estate Planning; Asset Protection.Email: Thomas M. Karr, P.A.
Steven M. Klein (Partner) born 1970; admitted to bar, 1995, Florida; U.S. District Court for the Southern District of Florida. Education: Yeshiva University (B.A., 1992); Benjamin N. Cardozo School of Law, Yeshiva University (J.D., 1995); University of Miami School of Law (LL.M., Taxation, 1997).
Steven M. Klein practices in the area of real estate law, focusing primarily on the representation of institutional lenders in connection with real estate financing and secured transactions, including acquisition, construction, development, mezzanine and permanent loans, asset-based financing, loan participations and multi-property and multi-state financing transactions. Mr. Klein also has extensive experience handling loan modifications, workouts and restructurings. He has also represented developers, REIT's and other property owners in the purchase, sale, development and financing of commercial real estate projects, as well as landlords and tenants in commercial lease negotiations.
Areas of Practice
· Real Estate Law
· Commercial Finance
Representative Matters
· Representation of banks, commercial lenders and mezzanine lenders in connection with numerous multimillion-dollar loans for the acquisition, development and construction of single and multifamily home developments, hotels, condominiums and retail, apartment and office projects.
· Representation of publicly traded REIT as the borrower in connection with a $65,000,000 loan secured by a 500,000 square foot shopping center.
· Representation of life insurance companies in connection with numerous permanent loans for a variety of properties located in Florida, Georgia, North Carolina, Connecticut, New York, New Jersey and Colorado.
· Representation of a bank in connection with a $110,000,000 borrowing base credit facility secured by properties located in Florida, Georgia, North Carolina, South Carolina, Alabama and Mississippi.
· Representation of a commercial lender as the borrower in connection with a $100,000,000 revolving wholesale mortgage warehouse credit facility.
· Representation of a commercial lender in connection with a loan to a publicly traded company to finance 39 properties located in 22 states.
· Representation of a developer in connection with the acquisition of two condominium projects in Miami Beach, Florida and construction and mezzanine financing in excess of $150,000,000.
· Representation of a foreign bank in connection with the assignment, modification and bifurcation of a multimillion-dollar lease.
· Representation of a national real estate development company in connection with the assemblage, development, and financing of a $200,000,000 mixed-use project.
Professional Activities
· Florida Bar Association
Experience
· Duane Morris LLP {newline}- Partner, 2009-present
· Greenberg Traurig, P.A. {newline}- Shareholder, 2003-2009 {newline}- Associate, 1997-2002
Civic and Charitable Activities
· Congregation Beth Israel {newline}- Member, Board of Trustees, 1999-2008, 2009-Present
· Miami Beach Jewish Community Center {newline}- Member, Board of Directors, 2006-present
· Alumni Association, Benjamin N. Cardozo School of Law {newline}- Member, Executive Committee, 2005-present
· University of Miami School of Law {newline}- Adjunct Professor, Real Estate Transactions, Fall 2004-Spring 2006
Member: The Florida Bar.
Practice Areas: Real Estate Law; Commercial Finance.Email: Steven M. Klein
Jeffrey R. Margolis (Partner) born Pittsburgh, Pennsylvania, October 16, 1970; admitted to bar, 1996, Florida; United States District Court for the Northern, Middle and Southern Districts of Florida; State Courts of Florida; United States Court of Appeals for the Eleventh Circuit. Education: University of Michigan (B.A., 1992); University of Miami School of Law (J.D., cum laude, 1996).
Jeffrey R. Margolis practices in the area of real estate acquisitions, dispositions and development concentrating his practice on a wide variety of commercial real estate transactions and real estate development. Mr. Margolis' experience spans a broad range of commercial real estate transactions and real estate development representing developers, institutional investors such as funds and real estate investment trusts, and non-institutional and entrepreneurial investors in real estate acquisitions, dispositions, management and development matters including properties such as shopping centers, apartment building complexes and other commercial property.
Mr. Margolis represents national and regional real estate developers of condominiums, planned developments and mixed use projects in various aspects of real estate development including regulatory matters, development, structuring and documentation. He assists developers in establishing flexible, practical and feasible legal structures, formulating governing documents, and filing documentation with state and federal governmental agencies. In addition, Mr. Margolis assists developers, real estate investment managers and other clients in real property transactions, acquisitions, sales, and compliance with land use and zoning regulations. Such representations include all aspects of due diligence, zoning and land use review, survey review, and negotiating and drafting contracts and other documentation.
Mr. Margolis is a 1996 cum laude graduate of the University of Miami School of Law and a graduate of the University of Michigan.
Areas Of Practice
· Real Estate
Representative Matters
· Representation of national and local real estate developers in matters concerning the planning, acquisition, design, structure, creation and operation of residential and mixed use condominium and planned developments including drafting and customizing condominium and homeowners association documents and restrictive covenants.
· Representation of real estate developers and investors in both acquisitions and sales of real property ranging from small local transactions to complex multi-state transactions including due diligence, title and survey review, addressing complex title issues, and drafting and negotiating contracts and other documentation.
· Representation of purchasers of distressed condominium projects and handling successor developer filings and related issues.
· Representation of lenders in commercial foreclosure and lending matters.
Professional Activities
· The Florida Bar
· Miami-Dade County Bar Association
· American Bar Association
Experience
· Duane Morris LLP {newline}- Partner, 2005-present {newline}- Associate, 1999-2004
· Eckert Seamans Cherin & Mellott, LC, Miami, Florida {newline}- Associate, 1996-1998
Selected Publications
· Co-author, "Florida's New Condominium and Homeowners Association Laws Take Effect," Duane Morris Alert, July 1, 2008
· Co-author, "New Florida Legislative Amendments Affect Homeowners Associations," Duane Morris Alert, June 19, 2008
· Co-author, "Florida Appellate Court Upholds Ruling that Budget Change Does Not Allow a Buyer to Cancel Contract," Duane Morris Alert, June 12, 2008
· "Florida Eliminates Return for Transfers of Interest in Real Property (Form DR-219)," Duane Morris Alert, May 27, 2008
· "Amendments to Florida Condominium Act," Duane Morris Alert, May 6, 2008
· "Closing the Doors to the Land of Opportunity: The Constitutional Controversy Surrounding Proposition 187," 26 University of Miami Inter-American Law Review 363, 1994-1995
· Co-author, "Petroleum Marketing & Refining Committee's Annual Report," ABA Section on Environment, Energy and Resources' Year in Review, 2003
Selected Speaking Engagements
· Roundtable Leader, "Strategies for Buying and Selling Distressed Real Estate and Other Assets," Duane Morris Event, Miami, April 21, 2009
Member: The Florida Bar; Miami-Dade County Bar Association; American Bar Association.
Practice Areas: Commercial Litigation; Real Estate; Real Estate Litigation.Email: Jeffrey R. Margolis
Timothy J. Norris (Partner) born Orlando, Florida, March 30, 1947; admitted to bar, 1975, Florida; Supreme Court of the United States; United States Court of Appeals for the Eleventh Circuit; United States District Court for the Middle and Southern Districts of Florida. Education: Harvard Law School (J.D., cum laude, 1975).
Timothy J. Norris concentrates his practice in the area of general commercial law, focusing on contracts and controversies under the Leases and Secured Transaction Articles of the Uniform Commercial Code as well as bankruptcy and creditors' rights issues. He also handles debt restructuring.
Aircraft transactions, and litigation involving failed aircraft transactions, comprise a large part of Mr. Norris' practice. He has represented the lessor in the leasing of numerous transport category aircraft, to U.S.-based airlines, as well as to airlines located throughout South America, Europe (including within the former Soviet Union), and Africa and on occasion has represented the lessee in aircraft leasing transactions. In addition, he has represented parties in the purchase and sale and in the financing of transport aircraft, the repossession of aircraft from defaulted lessees or borrowers, the foreclosure of security interests in U.S. and non-U.S. registered aircraft, and the treatment and disposition of aircraft in bankruptcy proceedings. Mr. Norris was involved in the $1.2 billion debt restructuring of the internationally held debt of the once-largest privately owned Mexican steel producer. He represented two financial institutions in one of the first cases at the appeals court level addressing the rights of parties to reverse repurchase agreements involving government-backed securities. He also represented a large Manhattan bank in the bankruptcy court approval of a $70 million creditor's reorganization plan involving the transfer of Federal Communications Commission licenses only six months after the case was filed.
Mr. Norris has had substantial involvement in the bankruptcy cases of Airlift International, Inc., Arrow Air, Inc., Belize Airways Ltd., Braniff, Inc., Cenvill Development Corp., Continental Air Lines, Inc., Days Inns of America, Inc., Eastern Air Lines, Inc., Lykes Bros. Steamship Co., Burton L. Reynolds and SeaEscape Cruises, Ltd. and is now representing aircraft and engine lessors in the chapter 11 proceedings of Aerovías Nacionales de Colombia S.A. Avianca.
In bankruptcy court, Mr. Norris has represented equipment lessors, secured and unsecured creditors, creditors' committees, indenture trustees, purchasers of assets and businesses, and debtors, and has also defended actions to avoid prepetition transfers.
A number of Mr. Norris' cases have resulted in published opinions, including several at the court of appeals. La Esquina Presidencial, Inc. v. Ocean Bank of Miami, 623 So.2d 520 (Fla. 3rd DCA 1993), rev. dismissed, 632 So.2d 1027 (Fla. 1994), is a decision applying the strict compliance principle to a standby letter of credit with an ever-green clause. In re F.W.D.C., Inc., 158 B.R. 523 (Bankr. S.D. Fla. 1993), is one of the very few cases decided under the Bankruptcy Code which concludes that decisions on the extent of the allowability of claims against multiple obligors decided under the Bankruptcy Act have continued viability. Furlong v. Havee (In re Furlong), 885 F.2d 815 (11th Cir. 1989), stands for the proposition that the court of appeals has supervisory power over the conduct of lower federal courts and can exercise that power, in order to effectuate justice, to vacate orders otherwise properly entered. GATX Leasing Corp. v. Airlift International, Inc. (In re Airlift International, Inc.), 761 F.2d 1503 (11th Cir. 1985), and Seidle v. GATX Leasing Corp., 778 F.2d 659 (11th Cir. 1985), are seminal decisions in the courts of appeals on the meaning of, and rights of protected parties under, Section 1110 of the Bankruptcy Code. Plano Savings & Loan Ass'n v. Irving Trust Co. (In re Legel Braswell Government Securities Corp.), 695 F.2d 506 (11th Cir. 1983), and Westchester County Savings & Loan Ass'n v. Legel Braswell Government Securities Corp. (In re Legel Braswell Government Securities Corp.), 648 F.2d 321 (5th Cir. 1981), were among the first at the court of appeals level addressing the rights of parties to reverse repurchase agreements and the dealer's clearing house. First State Bank of Miami v. Gotham Provision Co. (In re Gotham Provision Co.), 669 F.2d 1000 (5th Cir. 1982), was a case of first impression at the court of appeals level on the rights of cattle producers under the trust created by the Packers & Stockyards Act; the court adopted many of the theories advanced by the cattle producers, which then led to the adoption of the trust provisions of the Perishable Agricultural Commodities Act.
Mr. Norris is admitted to practice in Florida and before the U.S. Supreme Court, the U.S. Court of Appeals for the Eleventh Circuit, the U.S. District Court for the Middle District of Florida and the U.S. District Court for the Southern District of Florida.
Mr. Norris is a 1975 cum laude graduate of Harvard Law School and a magna cum laude graduate of the Athenaeum of Ohio. He has been listed in The Best Lawyers in America - Bankruptcy Law each year since 1991.
Areas Of Practice
· Commercial Law {newline}- Aircraft Leasing and Financing
· Bankruptcy Law
· Creditors' Rights
Representative Matters
· La Esquina Presidencial, Inc. v. Ocean Bank of Miami, 623 So.2d 520 (Fla. 3rd DCA 1993), rev. dismissed, 632 So.2d 1027 (Fla. 1994), is a decision applying the strict compliance principle to a standby letter of credit with an ever-green clause
· In re F.W.D.C., Inc., 158 B.R. 523 (Bankr. S.D. Fla. 1993), is one of the very few cases decided under the Bankruptcy Code which concludes that decisions on the extent of the allowability of claims against multiple obligors decided under the Bankruptcy Act have continued viability
· Furlong v. Havee (In re Furlong), 885 F.2d 815 (11th Cir. 1989), stands for the proposition that the court of appeals has supervisory power over the conduct of lower federal courts and can exercise that power, in order to effectuate justice, to vacate orders otherwise properly entered
· GATX Leasing Corp. v. Airlift International, Inc. (In re Airlift International, Inc.), 761 F.2d 1503 (11th Cir. 1985), and Seidle v. GATX Leasing Corp., 778 F.2d 659 (11th Cir. 1985), are seminal decisions in the courts of appeals on the meaning of, and rights of protected parties under, Section 1110 of the Bankruptcy Code
· Plano Savings & Loan Ass'n v. Irving Trust Co. (In re Legel Braswell Government Securities Corp.), 695 F.2d 506 (11th Cir. 1983), and Westchester County Savings & Loan Ass'n v. Legel Braswell Government Securities Corp. (In re Legel Braswell Government Securities Corp.), 648 F.2d 321 (5th Cir. 1981) - These two decisions were among the first at the court of appeals level addressing the rights of parties to reverse repurchase agreements and the dealer's clearing house
· First State Bank of Miami v. Gotham Provision Co. (In re Gotham Provision Co.), 669 F.2d 1000 (5th Cir. 1982) - This was a case of first impression at the court of appeals level on the rights of cattle producers under the trust created by the Packers & Stockyards Act; the court adopted many of the theories advanced by the cattle producers, which then led to the adoption of the trust provisions of the Perishable Agricultural Commodities Act
Professional Activities
· The Florida Bar
· American Bankruptcy Institute
Experience
· Duane Morris LLP {newline}- Partner, 2003-present
· Buchanan Ingersoll P.C., Miami, Florida {newline}- Shareholder, 1999-2003
· Thomson, Muraro, Razook & Hart, P.A., Miami, Florida {newline}- Partner, 1995-1999
· Weil, Gotshal & Manges, Miami, Florida {newline}- Partner, 1986-1990
· Mershon, Sawyer, Johnston, Dunwody & Cole, Miami, Florida {newline}- Partner, 1980-1986; 1990-1995 {newline}- Associate, 1975-1979
Honors and Awards
· Listed in The Best Lawyers in America - Bankruptcy Law, 1991-present
Member: The Florida Bar; American Bankruptcy Institute.
Practice Areas: Commercial Law; Aircraft Finance and Leasing; Bankruptcy; Creditors Rights; Contracts; Uniform Commercial Code; Secured Creditors Rights; Unsecured Creditors Rights; Business Reorganization; Financial Restructuring.Email: Timothy J. Norris
William R. Nuernberg (Partner) admitted to bar, 1971, Pennsylvania; 1995, Florida; United States District Court for the Western District of Pennsylvania; Supreme Court of Pennsylvania. Education: University of Michigan School of Law (J.D., 1971).
William R. Nuernberg concentrates his practice on corporate law, mergers and acquisitions, financing transactions and franchising programs.
Mr. Nuernberg is a member of the American Bar Association and its Forum on Franchising and Business Law Section, the Business Law Section of The Florida Bar and the Pennsylvania Bar Association.
Admitted to practice in Florida and Pennsylvania, he is a graduate of the University of Michigan Law School and Denison University.
Representative Matters
· Counsel to the marketing company for the Arby's Roast Beef restaurant chain. Negotiation of franchise agreements, formation of a franchisee association in Canada, administration of collective marketing funds and negotiation of numerous licensing and marketing agreements.
· Counsel to a start-up chain of ice cream stores organized as a retailer-owned cooperative.
· Counsel to a drugstore chain in the acquisition of a second chain, creating the largest privately held retail drugstore chain in Florida. Acquisition financing included a revolving credit facility, real estate mortgage loans and secured mezzanine loans. Subsequently represented the company in numerous purchase and sale transactions involving drugstores throughout the State of Florida as well as in various franchising issues and regulatory matters.
· Counsel to a product warranty insurance company in its acquisition of an automobile warranty insurance company from a publicly held corporation.
· Counsel to a German music company and its U.S. subsidiary for corporate, licensing and litigation matters.
· Counsel to a California-based company in acquiring patents from a Russian company for the detection of explosives and airport security screening system.
· Counsel to an operator of gas stations and convenience stores in the sale of substantially all of the company's assets as part of its liquidation in bankruptcy.
· Counsel to the purchaser of a Florida hotel and mega yacht marina.
· Counsel to a privately held limited liability company that provides helicopter-based inspection, repair and support services to operators of high voltage transmission lines. Represented the company in its formation, financing transactions (including the issue of preferred member interests to an investor group) and intellectual property litigation over the issue of whether the devices utilized by the company infringe alleged patent rights of competitors.
· Counsel to two floral import companies in their sale to a publicly held corporation and in subsequent real estate transactions.
· Counsel to a privately held national distributor of printing and graphic arts products. Represented the company in its acquisition of the business from an international company, acquisition financing, and subsequently in general corporate, litigation matters, employment law issues and real estate matters.
· Counsel to a publicly held video entertainment company in numerous acquisitions and stock offerings including the acquisition of two publicly- held film studios and their subsequent merger in a going-private transaction.
Professional Activities
· American Bar Association {newline}- Business Law Section {newline}- Forum on Franchising
· The Florida Bar
· Secretary and General Counsel to a national marketing association of a major fast food franchisor
· Pennsylvania Bar Association
Experience
· Duane Morris LLP {newline}- Partner, 1999-present
· Eckert Seamans Cherin & Mellott, LC, Pittsburgh, Pennsylvania and Miami, Florida {newline}- Partner
Board Memberships
· Board of Governors, Big Brothers Big Sisters of Miami
Honors and Awards
· Listed in Who's Who and Who's Who in American Law
Selected Speaking Engagements
· Serve as panelist for seminars on corporate law, acquisitions, securities offerings and franchising
Member: American Bar Association (Business Law Section; Forum on Franchising); The Florida Bar; Pennsylvania Bar Association.
Practice Areas: Mergers and Acquisitions; Franchise Law; Corporate Law; Finance.Email: William R. Nuernberg
Nanette O' Donnell (Partner) born Miami, Florida; admitted to bar, 1989, Florida. Education: University of Miami (B.A., magna cum laude, 1986) Phi Beta Kappa; University of Miami School of Law (J.D., cum laude, 1989) University of Miami Law Review; Order of the Coif.
Nanette O'Donnell is a partner in the firm's healthcare practice. Although located in Miami, she works with national clients, focusing on regulatory issues such as federal and state anti-kickback, self-referral (the Stark law and state counterparts), corporate compliance, licensure of healthcare facilities and managed care. Her clients include hospital systems, physician groups, independent diagnostic testing facilities (IDTFs), ambulatory surgery centers, diagnostic imaging centers and other healthcare providers. Ms. O'Donnell also has experience in healthcare transactions, having established and implemented numerous joint ventures between different types of providers, including hospital-physician joint ventures, ambulatory surgery joint ventures and other provider joint ventures, and served as counsel for the purchaser or the seller in numerous acquisitions and dispositions.
Ms. O'Donnell is certified as a health law attorney by the Florida Bar Board of Legal Specialization and Education and has served as an adjunct lecturer of healthcare law for the University of Miami's Graduate School of Business Administration and for Nova Southeastern University.
Ms. O'Donnell is a 1989 cum laude graduate of the University of Miami School of Law, where she was a member of the University of Miami Law Review and was elected to the Order of the Coif. She also holds an undergraduate degree from that institution (B.A., magna cum laude) and was elected to Phi Beta Kappa. She is fluent in Spanish.
Representative Matters
· Represent national hospital system and local hospitals on managed care matters
· Represent PACE organization
· Represent purchasers and sellers of ambulatory surgery centers, hospitals and physician practices
· Represent national breast imaging company in healthcare regulatory and transactional matters
· Represent local hospitals throughout the U.S. in joint ventures with physicians, both in regulatory and transactional matters
· Provide healthcare regulatory advice to large physician group practices
· Serve as Patient Care Ombudsman in Bankruptcy Court for the Southern District of Florida
Honors and Awards
· Listed in Chambers: America's Leading Lawyers for Business, 2006-2009 editions
· Listed in Florida Super Lawyers, 2007 and 2008
· Listed in The Best Lawyers in America, 2006-2008
(Board Certified Health Law Lawyer, Florida Bar Board of Legal Specialization and Education). Languages: Spanish. Practice Areas: Health Law; Health Care Fraud and Abuse; International; Insurance; Reinsurance.Email: Nanette O' Donnell
Charles C. Papy (Partner) born Miami, Florida, February 16, 1952; admitted to bar, 1977, Florida; United States District Court for the Southern District of Florida; State Courts of Florida. Education: University of Miami School of Law (J.D., 1977).
Charles C. Papy III is the managing partner of the Miami office. His practice focuses on corporate and business transactions and from time to time corporate litigation. As a ninth generation Floridian, Mr. Papy has been actively involved in Florida politics providing services to clients at various levels in reference to Florida and Miami-Dade County government relations.
His practice has evolved into the areas of providing strategic legal planning for numerous clients in the banking and insurance fields that have a high-level need to address concerns that are important to the growth and stability of their companies.
Mr. Papy is a former chairman of the Dade County Health Facilities Authority and a former chairman of the Judicial Nominating Committee for the Eleventh Circuit of Florida. He is a former member of the board of directors of the American Red Cross for Dade County and has been active in various civic affairs as well as serving as an elder in his church.
Mr. Papy is a member of the Florida Bar and the Federal Court for the Southern District of Florida. He is a 1977 cum laude graduate of the University of Miami Law School and 1974 graduate of the University of Miami School of Business.
Prior to joining Duane Morris, he was a member of the executive committee of the law firm of Eckert Seamans.
Professional Activities
· Appointed by Governor Robert Martinez to the Judicial Nominating Committee for the Eleventh Circuit Court of Florida
Experience
· Duane Morris LLP {newline}- Partner, 1999-present
· Eckert Seamans Cherin & Mellott, LC, Miami, Florida {newline}- Partner, 1992-1998
· Papy, Weissenborn & Papy, Miami, Florida {newline}- Partner, 1985-1992
Board Memberships
· American Red Cross, Dade County
· Counsel to Board of Gibraltar F.S.B.
(Partner-in-Charge, Miami, Florida Office, Duane Morris LLP). Practice Areas: Corporate Law; Business Transactions; Corporate Litigation; Local Government Law; State Government Law.Email: Charles C. Papy
George W. Powell, Jr. (Partner) born Philadelphia, Pennsylvania, 1947; admitted to bar, 2002, New Jersey; 2003, Florida. Education: Bucknell University (B.A., 1969); Rutgers School of Law (J.D., with honors, 2002).
George W. Powell, Jr. practices in the areas of eminent domain, real estate taxation and land use issues. Mr. Powell represents private property owners whose property has been taken by condemning authorities and has represented clients in governmental acquisitions across the country. He serves as a consultant to the outdoor advertising industry in eminent domain and real property tax matters.
Prior to entering the practice of law, Mr. Powell was a principal for 23 years in a regional real estate valuation firm providing litigation support in complex eminent domain and real property tax matters. He served as tax assessor for two New Jersey municipalities and is a New Jersey-certified tax assessor and general real estate appraiser. Mr. Powell holds the distinguished MAI and CRE professional designations from the Appraisal Institute and The Counselors of Real Estate, respectively. He is a member of the American, Florida and New Jersey bar associations and serves on the Eminent Domain Committee of The Florida Bar. Mr. Powell is a member of both the Outdoor Advertising Association of America and the Florida Outdoor Advertising Association.
Admitted to practice in Florida and New Jersey, Mr. Powell is a 2002 graduate, with honors, of Rutgers University School of Law - Camden and a graduate of Bucknell University.
Areas of Practice
· Eminent Domain
· Real Estate Taxation
· Land Use
Representative Matters
· In property a tax appeal filed on behalf of a shopping center owner in Allegheny County, PA, obtained 45% reduction of assessment after a major tenant declared bankruptcy. As a result of the reduction obtained after a Board hearing, annual property taxes decreased more than $152,500.
Professional Activities
· Certified Mediator, Florida
· Qualified Arbitrator, Florida
· Certified General Real Estate Appraiser, New Jersey
· Licensed Real Estate Broker, New Jersey
· Certified Tax Assessor, New Jersey
· Member, Appraisal Institute (MAI)
· Member, The Counselors of Real Estate (CRE)
· National Association of Realtors - Member, 2009 Land Use Property Rights and Environment Committee
Experience
· Duane Morris LLP {newline}- Partner, 2007-present
· Powell Law PL {newline}- Attorney, 2006-2007
· Fox Rothschild LLP {newline}- Special Counsel, 2003-2006
· Powell & Powell Associates, Inc. {newline}- President, Broker of Record and Principal Appraiser, 1980-2003
· Ponderosa System, Inc. {newline}- Real Estate Representative
· U.S. Army {newline}- Major, Counterintelligence
Civic and Charitable Activities
· Ocean City Planning Board {newline}- Chairman
· Ocean City Coastal Conservation Commission
· Continental Bank of New Jersey {newline}- Director
· Rutgers - The State University of New Jersey {newline}- Adjunct Instructor, Real Property Appraisal II
Selected Speaking Engagements
· Speaker, Counselors of Real Estate Annual Convention, Boston, November 1, 2008
· "Depositions: Transcending Survival To Strategy," Annual Convention of The Counselors of Real Estate, San Francisco, California, October 2007
· "Litigation Aspects of Appraisal," Appraisal Institute's 75th Anniversary Conference, Las Vegas, Nevada, July 2007
· "Land Use Regulations and Their Impact on Real Property Assessments" - Annual Educational Conference of the Association of Municipal Assessors of New Jersey, Cherry Hill, New Jersey, June 2007
· "Legal & Valuation Issues In Assessing Billboards in Florida" - Florida Outdoor Advertising Association Annual Convention in Destin, Florida, October 2006
· "Eminent Domain - The Team Approach" - American Society of Appraisers Annual International Appraisal Conference, New York City, August 2006
Member: The Counselors of Real Estate; National Association of Realtors.
Practice Areas: Eminent Domain; Ad Valorem Tax; Real Estate; Alternative Dispute Resolution; Mediation; Arbitration; Agents and Brokers Errors and Omissions; Agents and Brokers Liability; Appraisers Liability; Professional Discipline; Commercial Real Estate Acquisitions; Commercial Real Estate Sales.Email: George W. Powell, Jr.
Lida Rodriguez-Taseff (Partner) born Bogota, Colombia, June 24, 1967; admitted to bar, 1993, New York; 1994, Florida; United States Court of Appeals for the Eleventh Circuit; United States District Court for the Southern and Middle Districts of Florida. Education: New York University School of Law (J.D., 1992).
Lida Rodriguez-Taseff practices in the area of commercial litigation, with an emphasis on complex commercial disputes, intellectual property litigation, construction litigation and homeowner and condominium association litigation. Ms. Rodriguez-Taseff also practices in the area of voting rights. Clients include venture capital firms, public and private companies (including nonprofits), partnerships and individuals.
Ms. Rodriguez-Taseff is admitted to practice in Florida and New York and is a 1992 graduate of the New York University School of Law, where she was a Root-Tilden-Kern Scholar and a recipient of the Vanderbilt Medal, the highest honor bestowed by NYU. She is a graduate of the University of Miami and she is fully fluent in written and spoken Spanish. She is a member of Duane Morris' Diversity Committee.
From 2002 through 2005, Ms. Rodriguez-Taseff appeared weekly on CNN's Saturday morning segment, Legal Briefs. She is a frequent television legal commentator and is a national Spanish media spokesperson for the American Civil Liberties Union. She is chair emeritus of the Miami-Dade Election Reform Coalition. From February to December 2005, Ms. Rodriguez-Taseff also served on the editorial board of the Miami Herald as a guest editor.
Areas of Practice
· Commercial Litigation
· Intellectual Property Litigation
· Construction Litigation
Representative Matters
Business Litigation
· Represented clients in contract dispute over real property contract. The case was tried to verdict where we prevailed after a two week federal court jury trial.
· Represented transportation industry client in a formal protest of a recommended government bid award to a competitor. Successfully overturned the recommendation of a municipal agency in administrative proceeding, resulting in client obtaining the award of a $125 million contract.
· Represented a major producer of seed for fruit and vegetable crops in California in litigation over distribution agreement. Won a summary judgment verdict, which was used to obtain favorable settlement that also vindicated client's rights in jurisdictions of foreign countries.
Employment/Trade Secrets
· Defended international vendor of computing systems for transportation terminals in case involving allegations of racial discrimination. An adverse ruling in the case would have potentially jeopardized the company's government contract status, but we obtained a directed verdict on all counts.
· Currently representing company in defending an assault/battery lawsuit in a workplace.
· Represented computer security company in unfair competition case. Successfully blocked an ex-employee from using trade secrets of the client in a competing business.
· Obtained several injunctions against former employees of various businesses who attempted to make use of their employers' trade secrets in unfair competition.
Condo/Homeowners Associations/Construction
· Represented 600-unit condominium association in multimillion-dollar federal lawsuit against insurance carrier for hurricane-related damages. The litigation was settled for terms the client found very favorable shortly before trial.
· Represented more than 450 plaintiffs in a class action against a contractor and developer for damages resulting from structural design defects and building code violations. Procured a favorable settlement, getting all units repaired and brought up to code.
· Represented condominium associations for luxury condominiums in lawsuit against developers relating to association governance. Prevailed on all key issues in interlocutory appeal and on summary judgment.
Intellectual Property
· Represented major league sports franchise and international beverage company in defense of copyright infringement action involving alleged improper use of photographs. Prevailed completely on summary judgment.
· Represented large restaurant holding company in defense of copyright infringement action relating to alleged improper use of photographs and artwork. Prevailed on all counts by summary judgment.
· Counseled biopharmaceutical company in action for damages relating to trademark infringement, tortuous interference with business relations and unfair competition practices.
· Represented a recycler of food products that turned human food service discards into animal feed stocks in a trademark infringement case. Prevailed at injunction hearing, getting infringer to cease all use of the marks.
Voting/Elections
· Represented nonprofit civil rights groups in various "right to vote" initiatives and attempts to do voting systems reform. Provided counsel regarding legal viability of initiatives and proposed constitutional amendments relating to equal protection and other issues. Work cited in the John Marshall Journal of Computer and Information Law and the ABA Conference on Computing and the Law.
· Represented a supervisor of elections on various matters, including negotiation of contracts with voting system vendors and preparation of testimony before various governmental bodies.
Professional Activities
· Provide legal commentary for national and international media outlets including BBC, CNN, CNN HeadlineNews, FOX, CNBC, MSNBC, Univision and Telemundo, 2000-present
· National Spanish Media Spokesperson, American Civil Liberties Union, 2000-present
· State of Florida Spanish Media Spokesperson, ACLU of Florida, 1997-present
· Legal commentator, CNN Saturday morning segment Legal Briefs, November 2002 - September 2005
· The Spellman-Hoeveller American Inns of Court
Civic and Charitable Activities
· Co-chair, South Florida Jobs With Justice
· Chair Emeritus, Miami-Dade Election Reform Coalition
· Board of Directors, Miami-Light Project
· Member, Supreme Court Task Force, LatinoJustice PRLDEF
Honors and Awards
· Recipient of the inaugural Council on Legal Education Opportunity (CLEO) Legacy Diversity Award, 2008
· 2007 Civil Rights Award, The Council on American-Islamic Relations, Florida
· Voted to "The Power Women Issue," The SunPost, October 5, 2006
· Voted to "25 Mas Poderosos del Sur de la Florida," Poder Magazine, 2005
· Elaine Gordon "You Make a Difference" Award, Miami-Dade County Lobby Days in Tallahassee, April 2005
· Voted "Best Lawyer" by Miami New Times, March 2004
· Community Service Award, South Florida AFL-CIO, 2004
· Commendation by the City of Miami, Florida, presented for "resolute commitment to the Miami community," serving as President of the Miami Chapter of the American Civil Liberties Union, March 25, 2004
· Gandhi, King, Ikeda Award from Morehouse College for service to the community and dedication to peace and unity, January 2003
Selected Publications
· "The Road to Paper: Is E-Voting Reform Eroding the Gains of Language Minority Voters? The Case of Florida," for The American Bar Association, Inaugural National Institute on Computing and the Law (July 2007)
· "Florida's Post 2000 Voting Systems Overhaul: The Road to Perdition," 23. J. Marshall Computer & Info. L. 497-508 (Spring 2005)
· Edited, "Professionalism and Life in the Trenches: The Case of the Public Defender," 8 St. Thomas L. Rev. 185-198 (Fall 1995)
Languages: Spanish. Practice Areas: Commercial Litigation; Complex Commercial Litigation; Intellectual Property Litigation.Email: Lida Rodriguez-Taseff
Jerome L. Wolf, P.L. (Partner) born 1948; admitted to bar, 1974, New York; 1984, Florida. Education: George Washington University (B.A., 1970); Duquesne University School of Law (J.D., 1973).
Jerome L. Wolf, P.L. has more than 30 years of experience as a trusts and estates lawyer and practices in the areas of estate, tax, asset protection and business succession planning for high net worth families. He provides sophisticated transfer and generation-skipping tax strategies to successful individuals and advises closely held corporations, partnerships and other business entities on succession and asset protection planning structures.
Mr. Wolf is a board-certified Wills, Trusts and Estates Lawyer by the Board of Legal Specialization of The Florida Bar, and speaks and writes extensively on estate and related planning topics. He has been recognized by Worth magazine as one of the top 100 wealth management attorneys in the country.
Mr. Wolf is a 1973 graduate of Duquesne University School of Law and a graduate of The George Washington University.
Areas of Practice
· Asset Protection
· Business Succession Planning
· Estates and Asset Planning
Professional Activities
· American Bar Association {newline}- Real Property, Probate and Trust Law Section {newline}-- Committee on Estate Planning and Drafting {newline}--- Co-Chairman, Subcommittee on Irrevocable Life Insurance Trusts {newline}- Section on Taxation {newline}-- Committee on Tax Legislation and Regulations {newline}--- Subcommittee on Disclaimers
· Florida Bar Association {newline}- Real Property, Probate and Trust Law Section {newline}- Probate and Guardianship Rules Committee {newline}- Probate Law Committee {newline}- Trust Law Committee {newline}-- Chairman {newline}-- Draftsman of Revisions to Chapter 737, Florida Statutes (Trust Administration) {newline}--- Chairman, Subcommittee on Antilapse Revisions {newline}- Section CL Publications Committee {newline}-- Co-Chairman {newline}- Consumer Protection Committee {newline}- Out-of-State Member Relations Committee {newline}- Estate and Trust Tax Planning Committee {newline}-- Vice Chairman {newline}- Asset Preservation Committee {newline}-- Vice Chairman {newline}-- Liaison with Asset Protection Subcommittee of Trust Law Committee {newline}- Tax Section {newline}-- Committee on Employee Benefits {newline}-- Committee on Professional Corporations {newline}-- Committee on Income Taxation of Estates and Trusts
· New York State Bar Association {newline}- Trusts and Estates Section {newline}- Committee on Estate Planning {newline}-- Subcommittee on Financial Planning {newline}--- Chairman {newline}-- Subcommittee on Community Property {newline}--- Chairman {newline}-- Subcommittee on Asset Protection Planning {newline}--- Co-Chairman {newline}- Trust Law Section
· Palm Beach County Bar Association {newline}- Probate Division {newline}- Continuing Legal Education Committee {newline}- Probate and Guardianship Rules Committee
· South Palm Beach County Bar Association {newline}- Probate Practice Committee {newline}- Tax Law Committee
· Bahamian Financial Services Board, Commonwealth of the Bahamas
· International Association for Financial Planning
· Greater Boca Raton Estate Planning Council
· East Coast Estate Planning Council
· Broward County Estate Planning Council
· Palm Beach Martin County Estate Planning Counsel
Honors and Awards
· Top 100 Attorneys, Worth Magazine, 2005, 2006
· The Best Lawyers in America, 2006
· Strathmore's Who's Who Registry of Business Leaders
· Florida Super Lawyer, 2006, 2007, 2008
· Top Lawyer in Florida, South Florida Legal Guide, 2005-2009
· Annual Achievement Award, The Florida Bar, Real Property, Probate and Trust Law Section, 1993
Selected Publications
· Editor, Asset Protection in Florida, published by The Florida Bar; author of Chapter 7, "Creditors' Rights to Assets in Trust"
· Author, "The Importance of Domicile in Asset Preservation Planning," The Florida Bar Journal, Vol. 79, No. 10, November 2005
· Author, "The Florida Advantage Presented by PNC Private Bank," PNC Bank, 1999
· Author, "1995 Legislative Modifications to Florida's Trust Claims Procedures," The Florida Bar Journal, Vol. 69, No. 9, October 1995
· Author, "Revocable Trusts - The Case for Statutory Reforms," The Florida Bar Journal, Vol. 65, No. 10, November 1991
· Author, "Financial Planning for the Disabled and Elderly Florida Resident," The New York State Bar Association Journal, October 1990
· Author, "Qualified Cash or Deferred Arrangements" and "Taxable Year of Trust," Tax Reform Act of 1986 Highlights Report and Practitioner's Alert Lists, December 1986
· Author, "Florida Living Will," The Florida Bar Journal, Vol. 59, No. 4, April 1985
· Co-Author, "Creditors Rights and Spendthrift Clauses," Administration of Trusts in Florida (now in its Fifth Edition), The Florida Bar, Continuing Legal Education, 1999, 2001, 2005, 2007
· Co-Author, "Severing Joint Property Interests Report of Committee on Estate Planning and Drafting: Inter Vivos Transfers and Property Ownership)," Real Property, Probate and Trust Journal, Vol. 16, No. 3, Fall 1981
· Co-Author, "Planning for Terminally Ill Client's Estate," Estate Planning, Vol. 7, No. 5, September 1980
· Contributing Author, "Robinson's Estate Planning," Gerald J. Robinson and Sanford J. Schlesinger, Law Journal Seminars Press, 1977. Sections on "Domicile," "Clifford Trusts," "Gifts to Minors," "Crummey Trusts," and "Split Dollar Insurance." Assisted on various other sections of the book.
Selected Speaking Engagements
· "Self Settled Spendthrift Trusts: An Estate Planning Trend in an Asset Protection World?" The Florida Bar's 28th Annual Attorney/Trust Officer Liaison Conference, Palm Beach, Florida, June 18-21, 2009
· Program Chair and Speaker, "Creditors' Rights to Assets in Trust," Asset Protection in Florida CLE seminar, Tampa, Florida, November 12, 2008; Fort Lauderdale, Florida, November 13, 2008
· Panel Member, "Wealth Protection & Counseling in the New Age," Florida Bar CLE Committee, Real Property, Probate and Trust Law Section, Tampa, Florida, April 28, 2006
· "Cross-Border Asset Protection and Recovery," American Bankruptcy Institute 2008 Caribbean Insolvency Symposium, Hollywood, Florida, January 17-18, 2008
· "Asset Protection Planning for Physicians," Florida Institute of Certified Public Accounts, 2006 Health Care Industry Conference, Orlando, Florida, April 27, 2006
· "Drafting Marital and Credit Shelter Trusts in Uncertain Times," Florida Bar CLE Committee, Real Property, Probate and Trust Law Section's How to Draft Trusts in 2005: Yes, You Still Have a Job (Co-Chair), Tampa and Miami, Florida, November 2005
· "Intestate Succession and Allowances," Florida Legal Education Association's Estate Planning the Real World, Orlando, Florida, October 14, 2005
· "Self-Settled Trusts and 'Similar Devices' After BAPCPA," Florida Bar CLE Committee, Real Property, Probate and Trust Law Section's Estate Planners Beware: New Laws, Rules and Regulations (Chair), Orlando, Florida, September 23, 2005
· "FLP's and LLC's," NBI, Unraveling the Mystery of Asset Protection, Fort Lauderdale, Florida, November 8, 2004
· "Thanksgiving Fixin's for the Estate Planning Lawyer,", Florida Bar CLE Committee, Real Property, Probate and Trust Law Section (Co-Chair), Fort Lauderdale, Florida, November 4, 2004
· "How to Protect Assets," Florida Bar CLE Committee, Family Law Section's Fees and Costs in Family Law, Miami Lakes and Tampa, Florida, October 2004
· "Asset Protection Planning," South Florida Financial Planning Association's 2004 FPA Conference and Expo, Fort Lauderdale, Florida, June 4, 2004
· "Strategies," Palm Beach County Estate Planning Council's Asset Protection, North Palm Beach, Florida, May 18, 2004
· Panel Member, "The Prudent Investor Rules - How to Avoid Liability as a Fiduciary," Community Foundation for Palm Beach and Martin Counties, Boca Raton, Florida, April 28, 2004
· "Non-Tax Aspects of Estate Planning: Protecting Your Assets," Florida Bar CLE Committee, Real Property, Probate and Trust Law Section's Customizing the Estate Plan, Fort Lauderdale and Tampa, Florida, December 2002
· "Drafting the Estate Plan After EGTRR," Florida Bar CLE Committee, Real Property, Probate and Trust Law Section's Estate Plan Odyssey 2001 (Chair), Fort Lauderdale and Tampa, Florida, October 2001
· "The Basics of Living Trusts," "Defining Estate Administration" and "Understanding Basic Tax Procedures," Institute for Paralegal Education, Estate Planning and Probate for the Paralegal/Legal Assistant in Florida, West Palm Beach, Florida, September 7, 2001
Member: American Bar Association (Real Property, Probate and Trust Law Section; Committee on Estate Planning and Drafting; Co-Chairman, Subcommittee on Irrevocable Life Insurance Trusts; Section on Taxation; Committee on Tax Legislation and Regulations; Subcommittee on Disclaimers); Florida Bar Association (Real Property, Probate and Trust Law Section; Probate and Guardianship Rules Committee; Probate Law Committee; Trust Law Committee, Chairman; Draftsman of Revisions to Chapter 737, Florida Statutes (Trust Administration), Chairman, Subcommittee on Antilapse Revisions; Section CL Publications Committee, Co-Chairman; Consumer Protection Committee; Out-of-State Member Relations Committee; Estate and Trust Tax Planning Committee, Vice Chairman; Asset Preservation Committee, Vice Chairman; Liaison with Asset Protection Subcommittee of Trust Law Committee; Tax Section; Committee on Employee Benefits; Committee on Professional Corporations; Committee on Income Taxation of Estates and Trusts); New York State Bar Association (Trusts and Estates Section; Committee on Estate Planning; Subcommittee on Financial Planning, Chairman; Subcommittee on Community Property, Chairman; Subcommittee on Asset Protection Planning, Co-Chairman; Trust Law Section); Palm Beach County Bar Association (Probate Division; Continuing Legal Education Committee; Probate and Guardianship Rules Committee); South Palm Beach County Bar Association (Probate Practice Committee; Tax Law Committee); Bahamian Financial Services Board, Commonwealth of the Bahamas; International Association for Financial Planning; Greater Boca Raton Estate Planning Council; East Coast Estate Planning Council; Broward County Estate Planning Council; Palm Beach Martin County Estate Planning Counsel.
(Board Certified Wills, Trusts and Estates Lawyer, Florida Bar Board of Legal Specialization and Education). Practice Areas: Tax and Estate Planning; Trusts and Estates; Entertainment; Tax-Exempt and Charitable Organizations; International Law; Wills; Probate.Email: Jerome L. Wolf, P.L.
RESIDENT ASSOCIATES
Barry D. Lapides (Associate) born Miami Beach, Florida, February 7, 1978; admitted to bar, 2003, Florida. Education: Emory University (B.B.A., Accounting, 2000); University of Florida College of Law (J.D., with honors, 2003) Executive Student Works Editor, Florida Journal of International Law; University of Florida College of Law (LL.M., Taxation, 2004) Associate Editor, Florida Tax Review.
Barry D. Lapides concentrates his practice in representing developers in all aspects of commercial real estate transactions. He has represented developers, investors and investment funds in connection with the sales, acquisitions, financing and related transactions of vacant land, shopping centers, apartment complexes and distressed properties as well as many other various real estate projects throughout Florida. Mr. Lapides also has extensive experience representing developers and lending institutions in every aspect of developing and financing condominiums (residential, commercial and mixed use), PUDs and residential communities. Moreover, Mr. Lapides has considerable experience in representing individuals and entities, including condominium and homeowner associations, in all aspects of their commercial litigation matters.
Mr. Lapides is a 2003 graduate, with honors, of the University of Florida Levin College of Law, where he was Executive Student Works Editor of the Florida Journal of International Law, and a graduate of Emory University. He also holds an LL.M. in Taxation from the University of Florida Levin College of Law, where he was associate editor of the Florida Tax Review.
Professional Activities
· The Florida Bar
Experience
· Duane Morris LLP {newline}- Associate, 2004-present
Civic and Charitable Activities
· Member of the ADL Florida Regional Board
· Glass Leadership Institute {newline}- Co-chair, 2008-present
Member: The Florida Bar.
Practice Areas: Real Estate.Email: Barry D. Lapides
Warren D. Zaffuto (Associate) born Atlanta, Georgia, March 12, 1972; admitted to bar, 2001, Massachusetts; 2003, District of Columbia; 2004, Florida. Education: Tulane University (B.A., Political Science/International Relations, 1995); Tulane Law School (J.D., cum laude, 2000) Articles Editor, Tulane Law Review.
Warren D. Zaffuto practices in the area of commercial litigation. Mr. Zaffuto has been actively involved in disputes before both federal and state courts as well as governmental agencies. He has extensive experience in labor and employment law matters, including traditional labor (union) issues, wrongful termination, discrimination, harassment and employment contract cases. He also has worked on matters concerning toxic tort litigation, insurance law and maritime law.
Mr. Zaffuto served as a law clerk for the Honorable Philip R. Martinez of the United States District Court for the Western District of Texas (El Paso Division) and as a law clerk for the Honorable Adriana Arce-Flores of the United States District Court for the Southern District of Texas (Laredo Division).
Mr. Zaffuto is a 2000 cum laude graduate of Tulane Law School, where he was a member and articles editor of the Tulane Law Review, and a graduate of Tulane University, Paul Tulane College. He is admitted to practice in Florida, Massachusetts and the District of Columbia.
Experience
· Duane Morris LLP {newline}- Associate, 2005-present
· Fisher & Phillips, LLP {newline}- Associate, 2003-2005
· Judicial Clerk to the Honorable Philip R. Martinez, United States District Judge for the United States District Court, Western District of Texas, El Paso, Texas, 2002-2003
· Judicial Clerk to the Honorable Adriana Arce-Flores, United States Magistrate judge for the United States District Court, Southern District of Texas, Laredo, Texas, 2001-2002
· Wilson, Elser, Moskowitz, Edelman & Dicker {newline}- Associate, 2000-2001
Selected Publications
· Author, "A 'Pirate's Victory': Clinton's Approach to the New FSIA Exception Leaves The Victors Empty Handed," 74 Tul. L. Rev. 685, 1999
Practice Areas: Trial Practice; Commercial Law; Health Care; Employment Law; Management Labor Law.Email: Warren D. Zaffuto
SPECIAL COUNSEL
Miles Plaskett (Special Counsel) born Christiansted, Saint Croix, Virgin Islands, June 6, 1963; admitted to bar, 1990, United States Virgin Islands; 1999, Florida. Education: Georgetown University (B.S., 1985); Georgetown University Law Center (J.D., 1988).
Miles L. Plaskett concentrates his practice on corporate law, project and municipal financing, financing transactions, and hotel and resort development with special emphasis on the U.S. Virgin Islands and the Caribbean. Mr. Plaskett represents corporate clients seeking tax benefits pursuant to the Virgin Islands Economic Development Program and in maintaining compliance with Program requirements. He has appeared before the Virgin Islands Legislature, the Virgin Islands Economic Development Commission, the Virgin Islands Public Finance Authority and the Virgin Islands Division of Coastal Zone Management on behalf of corporate, development and financial services clients. Mr. Plaskett is a native of the U.S. Virgin Islands and has been licensed and admitted to practice in the Virgin Islands since 1990.
Mr. Plaskett is admitted to practice in Florida and the U.S. Virgin Islands and is a member of the American Bar Association and the National Association of Bond Lawyers. He is a 1988 graduate of Georgetown University Law Center and a graduate of Georgetown University.
Areas Of Practice
· Corporate Law
· Municipal Finance
· Corporate Finance
· Commercial Finance
· Mergers and Acquisitions
· Private Equity/Venture Capital
Professional Activities
· American Bar Association
· National Association of Bond Lawyers
· Virgin Islands Bar Association
· Florida Bar
Member: American Bar Association; National Association of Bond Lawyers; Virgin Islands Bar Association; Florida Bar.
Practice Areas: Corporate Law; Project Finance; Municipal Finance; Finance; Hotel and Resort Development.Email: Miles Plaskett
Raymond L. Robin (Special Counsel) born Johannesburg, South Africa, May 30, 1955; admitted to bar, 1986, Florida; U.S. Supreme Court; U.S. Court of Appeals for the Tenth Circuit; U.S. District Court for the Southern District of Florida. Education: University of Witwatersrand (B.A., Law, 1979); University of Miami School of Business Administration (M.B.A., 1981); University of Miami School of Law (J.D., cum laude, 1986) Member, University of Miami Law Review; Order of the Coif.
Raymond L. Robin practices in the area of litigation and has substantial experience in business tort, insurance, reinsurance, real property and other complex arbitration and coordinated litigation matters in state and federal courts. Mr. Robin has represented clients at the trial and appellate levels throughout Florida, including in the Florida and United States Supreme Courts.
Prior to joining Duane Morris, Mr. Robin founded and for five years served as the CEO of a successful technology corporation that specializes in the development of e-commerce-driven Web sites and intranets and the development and sale of Internet-based software.
Mr. Robin served as judicial clerk to the Honorable Joseph Nesbitt of the Third District Court of Appeal of Florida from 1986 to 1988. He is a 1986 cum laude graduate of the University of Miami School of Law, where he was elected to the Order of the Coif. He also holds an M.B.A. from the University of Miami School of Business Administration and is a graduate of the University of Witwatersrand in Johannesburg, South Africa.
Representative Matters
Business Litigation
· Represented foreign corporation in suit brought by Florida corporation for unfair competition and claims under Florida's Unfair and Deceptive Practices Act related to a real estate development in central Florida. Removed case to federal court and successfully had case dismissed for lack of jurisdiction.
· Represented national printing company in breach of contract action against customer for failure to make payment for work done. Customer filed counterclaims. Court granted final summary judgment for client on all claims.
· Represented large produce marketing company in "appeal" to the District Court under the Perishable Agricultural Commodities Act of 1930, § 1 et seq., 7 U.S.C.A. § 499a et seq. ("PACA") filed by customer that failed to pay for produce delivered. Customer lost administrative proceeding before Secretary of Agriculture. After settlement the client found favorable, customer dismissed appeal.
· Involved in defending law firm and attorneys in $25 million 28 USC § 1983 suit brought in federal district court against firm and attorneys for allegedly improper action taken during execution of judgment. Case dismissed with prejudice for lack of jurisdiction based on the Rooker-Feldman doctrine.
· Represented corporation in a shareholder's derivative action against shareholder for injunction, breach of contract and breach of fiduciary duty after shareholder embezzled funds from the corporation. Court entered preliminary injunction requiring shareholder to return funds. Had defendant incarcerated for contempt until he returned funds. Obtained settlement that the client found favorable.
· Represented corporate owners of skilled nursing facilities in cases filed throughout Florida against operators. Obtained summary judgment, dismissal or settlements the clients found favorable.
· Represented corporate tenant in breach of real estate lease brought by landlord. Obtained judgment in favor of corporate tenant after two-day trial.
· Represented large developer in action brought by employee claiming to have been excluded from participating in leveraged buyout offered to executives. Filed counterclaim for breach of fiduciary duty based on employee's self-dealing. Obtained verdict in favor of developer after two week jury trial on employee's claim and judgment against employee plus punitive damages on counterclaim.
· Represented large produce importer in action against warehousing facility in Pennsylvania on various contract and negligence issues related to produce damage from improper storage. Procured a settlement the client found favorable.
· Represented owner of assisted living facilities in tort action brought by personal representative of former resident. Obtained summary judgment on all claims.
Real Property
· Represented purchaser in an action for specific performance on a vacant land agreement when seller refused to close transaction. Obtained settlement the client found favorable.
· Represented various financial institutions in foreclosure actions involving commercial loans.
· Represented condominium association against owner who refused to comply with condominium regulations. Obtained summary judgment in trial court and prevailed on appeal. Recovered attorneys' fees for condominium association.
· Represented landlord in action against commercial tenant for payment of annual expenses (CAM) and rent increases. Procured settlement the client found favorable after prevailing on appeal.
Insurance and Reinsurance
· Represented third party administrator in a suit against five reinsurers on reinsurance treaties to recover amounts paid by third party administrator on health insurance policies. Procured a settlement that the client found favorable, recovering substantial portion of amounts paid.
Bankruptcy
· Represented debtor in adversary proceeding filed by creditor to prevent discharge of debt based on transfer of assets. Prevailed on all counts at trial with court overruling creditor's objections to discharge.
Appellate
· Represented personal representative in an appeal challenging the trial court's refusal to set aside an altered "agreed" order. Appellate court reversed trial court and remanded with instructions to set aside altered "agreed" order and enter order to which the parties had agreed.
· Represented rabbi in action on a written contract against his temple in the Third District Court of Appeal, Florida Supreme Court and U.S. Supreme Court (jurisdictional brief.) Case dismissed for lack of subject matter jurisdiction based on separation clause of the First Amendment to U.S. Constitution.
· Represented former president of Bahamian corporation in the U.S. District Court for the District of Denver, Colorado, and U.S. Court of Appeals, Tenth Circuit, in investigation by SEC.
Experience
· Duane Morris LLP {newline}- Special Counsel
· Foresite Design, Inc. {newline}- Founder and CEO
· Third District Court of Appeal of Florida, Miami, Florida {newline}- Judicial Clerk to the Honorable Joseph Nesbitt, 1986-1988
Selected Speaking Engagements
· "Third Party Practice," Florida Bar Young Lawyer's Division Board of Governors - Basic Discovery CLE, May 8, 2008
Practice Areas: Trial; Commercial Litigation.Email: Raymond L. Robin
Felice Schonfeld (Special Counsel) born Miami Beach, Florida, June 12, 1953; admitted to bar, 1978, Florida. Education: Princeton University (B.A., cum laude, 1974); University of Miami School of Law (J.D., magna cum laude, 1978).
Felice K. Schonfeld practices in the area of complex commercial litigation in both state and federal courts, including class action litigation, contract litigation, intellectual property litigation, injunction proceedings, arbitration proceedings, and whistleblower cases. She is a member of the Florida Bar.
Ms. Schonfeld is a 1978 magna cum laude graduate of the University of Miami School of Law, where she was on the Law Review, and a cum laude graduate of Princeton University.
Member: The Florida Bar.
Practice Areas: Intellectual Property; Commercial Litigation.Email: Felice Schonfeld