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Business Litigation

Business Litigation is one of the Firm's strongest, largest, and most well-respected practice areas. Approximately half of our attorneys are full-time litigators. We are proud of our reputation for providing strategic, innovative, and aggressive representation.

Becker & Poliakoff represents clients in complex business litigation matters throughout the United States. Firm's litigators have extensive experience litigating a wide range of legal disputes, representing both plaintiffs and defendants in federal and state courts, as well as arbitrations. We have substantial experience and skill in multi-party lawsuits, and we are especially qualified to handle technical and fact-intensive matters, requiring superior organizational skills, and coordination of extensive discovery. We have handled a broad range of complex business litigation matters for clients including governmental entities, publicly-traded corporations, insurance companies, financial institutions, developers, entrepreneurs, contractors, design professionals, and small businesses.

Our partners are recognized by their peers in the profession for their achievement. As an example, many of Becker & Poliakoff's Florida litigators are Board Certified by the Florida Bar and recognized experts in their field including Business Litigation, Civil Trial, Appellate, and Construction. The firm's New York and New Jersey litigation team handles high profile cases and is recognized nationally for their work in lender liability, bankruptcy and securities related litigation.

Representative Cases: 

  • Obtained a ruling by the Fourth District Court of Appeal in Raiser-DC, LLC v. B&L Service, Inc. and Broward County, Florida, which held that Broward County was required to disclose information about Uber’s operations at the Fort Lauderdale-Hollywood International Airport, despite Uber’s claims that the records were trade secret information and exempt from Florida’s Public Records Act.
  • Van Hook v. The Residences at Coconut Point, LLC, 364 Fed.Appx. 549, 2010 WL 381363 (11th Cir. 2010) The firm prevailed on behalf of the land developer in obtaining reversal of the final judgment entered by the trial court in favor of purchaser in the case arising under federal ILSA statute.
  • DK Arena, Inc. v. E.B. Acquisitions I, LLC, 31 So.3d 313 (Fla. 4th DCA 2010) The firm prevailed on behalf of real estate developer in breach of contract suit against famed boxing promoter Don King regarding parcel of property located in Palm Beach County; decision affirmed trial court's finding that Mr. King breached obligations in dispute concerning $23 million purchase and sale agreement for real estate. This case also firmly established the precedent that detrimental reliance upon verbal representations in the context of a real estate transaction can, under certain circumstances, overcome the statute of frauds.
  • Aqua Massage Int’l, Inc. v. Licht, 2004 WL 2359346, 18 Fl. Weekly Fed. D 28, (S.V. Fla. 2004). Successfully represented business owners and former distributor of competing for product in prior employer’s claims for patent infringement and non-compete restrictions contained in the distribution agreement. Court ordered nominal damages against former distributor on patent infringement under the doctrine of equivalence and determined no breach of post-employment restrictive covenants, pursuant to jury verdict.
  • A challenge over corporate control by a deposed president/director against our clients, the new president, and the company, seeking $100,000,000 (settled very favorably to our client).
  • Defense of a $400 million lawsuit by the Federal Government against our clients.
  • In re Chira, 567 F. 3d 1307 (11th Cir. 2009) Prevailed on behalf of the purchaser of assets from bankruptcy estate in the adversarial bankruptcy matter, authorizing purchasers acquisition of assets from trustee).
  • Sewell v. D'Alessandro & Woodyard, Inc., Case No. 2:07–CV–343–FtM–29SPC (M.D. Fla.) (Steele, J.)
  • The firm represented several thousand investors in securities fraud and Interstate Land Sales Act (ILSA) class action against the publicly-traded home builder and affiliates alleging fraud in connection with the sale of new homes as pre-leased investment properties. The Class was certified and the Firm was approved by the court as class counsel. The certified class included between 2,000 – 4,000 individuals. The case settled in December 2011 following four years of contentious litigation and considerable motion practice and discovery, and the settlement was approved by the federal court following a fairness hearing, resulting in a substantial payment to the class.
  • Perez v. Asurian Corporation, No. 06-20734-CIV, SD Fla.
  • The firm represented a national class of consumers against wireless phone insurer, alleging that insurers demanded unreasonable deductibles on phone protection policies, failed to adequately inform that refurbished phones were available and provided replacement phones that cost less than deductibles. Court approved class action settlement providing for improved disclosures, improved claims administration procedures, monetary relief, and additional subclass relief in the form of vouchers redeemable for a free phone.
  • Handled complex eminent domain and real estate issues for a client whose vacant property was to be leased to a cellular service provider for the location of a cell tower. The property was slated to be taken as part of a school site. Environmental contamination was discovered on site. Becker & Poliakoff assisted in negotiating a resolution of the valuation issues for the voluntary conveyance of the property to the School Board and assisted with numerous complicated issues relating to site clean-up, title, and other real estate issues.
  • The complex case involving road widening project and its impact on a mobile home park. The right of way and easement takings caused the loss of 17 homes resulting in significant business damages. The Condemning Authority overlooked existing private water and sewer utilities leading initially to the dismissal of the condemnation action. Following a hotly contested 2-week jury trial, Becker & Poliakoff was successful in obtaining substantial compensation for business and severance damages, including over $250,000 in severance damages for the construction of a noise barrier wall.
  • Southwest Ranches v. Kalam, 980 So. 2d 1121 (Fla. 4th DCA 2009). Successfully argued that government officials enjoyed qualified immunity from suit based on officials’ that land use determinations concerning the interpretation of comprehensive land use plan. The Court held that qualified immunity doctrine applied to officials at the earliest possible time, prior to having to incur an expense of defense including discovery. The Court based its application of the immunity doctrine on objective standards, concluding that the official’s intent was irrelevant to the application of the doctrine of immunity.
  • Academy Express, LLC v. Broward County, 53 So.3d 1188 (Fla. 4th DCA Feb. 7, 2011) The firm prevailed on behalf of transportation service provider in bid protest dispute arising out of county’s award of shuttle bus contract for Fort Lauderdale/Hollywood International Airport.
  • Markham v. PPI, Inc., 843 So. 2d 922 (Fla. 4th DCA 2003). Ad valorem taxation of Pompano.
  • Friends of Great Southern, Inc v. City of Hollywood. Defended the City of Hollywood and a real estate developer, with vested rights, from constitutional challenges brought by a citizens group relating to the City’s review criteria for development approval.
  • Genovese v. Provident Life & Accident Insurance Company, Broward Circuit Court; The firm served as co-counsel for plaintiff Dr. Genovese who brought a breach of contract action against the insurer, which resulted in a second jury decision against Provident to recover his lifetime disability benefits. The earlier verdict resulted in the jury finding total disability under the plaintiff’s policy.
  • Represented a multi-billion dollar federal bank in multiple trademark enforcement and domain dispute matters. The firm successfully litigated a range of claims including the infringement of the bank's registered trademark, false designation of origin, cyber-piracy, unfair competition, and deceptive and unfair trade practices.
  • Represented a leading company of high-end ladies undergarments in trademark, trade dress, and design patent claims against a famous national retailer, who was utilizing the company's famous packaging for sale of the retailer's inferior line of ladies' undergarments.
  • Represented a well-known resort against an internationally known hotel and timeshare resort chain in an action concerning the resort's trademark. The case resulted in the recognition of the resort's mark and a halt of infringing activity by the international company.
  • The firm successfully represented one of the named former directors of Banco Latino in an action brought under the RICO statute, in U.S. District Court, by the Government of Venezuela.
  • The firm obtained personal jurisdiction in Florida over a Mexican telecommunications company in an action brought by a U.S. citizen.
  • The firm handled a case by a major Brazilian pharmaceutical company against an international race car driver for breach of a sponsorship agreement, applying Brazilian law in a U.S. court.
  • The firm represented a Brazilian juice manufacturer and bottler against a Florida corporation which had sold it a defective piece of machinery and refused to provide a refund, as contracted.

Name Title Phone V-Card Email Office
Perry M. Adair Office Managing Shareholder, Miami 305.260.1016 Miami
Hugo V. Alvarez Shareholder 305.262.4433 Miami
Alan S. Becker Founding Shareholder 954.985.4127 Ft. Lauderdale
Marni Becker-Avin Director of Professional Dev. and Client Service 954.985.4187 Ft. Lauderdale
Evan B. Berger Senior Attorney 954.364.6055 Ft. Lauderdale
H.O. Brock, Jr. Shareholder 239.433.7707 Ft. Myers
Keith E. Broll Senior Attorney 407.875.0955 St. Augustine
JoAnn Nesta Burnett Senior Attorney 954.985.4192 Ft. Lauderdale
Martin C. Cabalar Attorney 973.898.6502 Morristown
Adam Cervera Senior Attorney 305.262.4433 Miami
Jude C. Cooper Shareholder 954.985.4160 Ft. Lauderdale
In Memoriam - John Cottle, (1952 - 2018) Office Managing Shareholder, Ft. Walton Beach 850.664.2229
Yasin Daneshfar Attorney 954.985.4177 Ft. Lauderdale
Matthew T. Davidson Attorney 954.985.4163 Ft. Lauderdale
Steven M. Davis Shareholder 305.262.4433 Miami
Michael O. Dermody Senior Attorney 772.286.2990 Stuart
Jamie B. Dokovna Shareholder 561.820.2890 West Palm Beach
Oliver Edwards, VII Attorney 212.599.3322 New York
Stephen J. Fraher Of Counsel 212.599.3322 New York
Michael C. Góngora Shareholder 305.260.1014 Miami
Howard E. "Buddy" Googe Shareholder 772.286.2990 Stuart
Claramargaret H. Groover Of Counsel 407.875.0955 Orlando
Astrid Guardado Senior Attorney 813.527.3900 Tampa Bay
Curtis B. Hunter Shareholder 305.260.1043 Miami
Scott Kiernan Shareholder 407.875.0955 Orlando
Sarah Klein Attorney 212.599.3322 New York
Sanjay Kurian Shareholder 239.433.7707 Ft. Myers
Albert K. Lawler Of Counsel 212.599.3322 New York
Conrad J. Lazo Shareholder 813.527.3900 Tampa Bay
Steven B. Lesser Shareholder 954.985.4137 Ft. Lauderdale
Allen M. Levine Shareholder 954.985.4141 Ft. Lauderdale
James J. Mahon Shareholder 212.599.3322 New York
Robert J. Manne Of Counsel 954.987.7550 Ft. Lauderdale
Kevin Markow Shareholder 954.985.4174 Ft. Lauderdale
K. Joy Mattingly Shareholder 954.987.7550
Steven H. Mezer Shareholder 813.527.3900 Tampa Bay
J. Kevin Miller Shareholder 239.433.7707 Ft. Myers
Vincenzo M. Mogavero Shareholder 732.842.1662 Morristown
Angela Morisco Attorney 732.842.1662 Morristown
Marilyn Perez-Martinez Senior Attorney 561.655.5444 Miami
Andrew Polenberg Attorney 954.364.6032 Ft. Lauderdale
Jon Polenberg Shareholder 954.364.6037 Ft. Lauderdale
Gary C. Rosen Managing Shareholder 954.985.4133 Ft. Lauderdale
Robert I. Rubin Shareholder 561.655.5444 West Palm Beach
Jeremy C. Sahn Senior Attorney 954.985.4116 Ft. Lauderdale
Gary M. Schaaf Office Managing Shareholder, Tampa Bay 813.527.3900 Tampa Bay
Michael S. Schwager Shareholder 305.351.1069 Miami
Leslie Sheekley Senior Attorney 850.664.2229 Ft. Walton Beach
Candace C. Solis Attorney 954.985.4102
Glenn H. Spiegel Shareholder 212.599.3322 New York
Mark J. Stempler Shareholder 561.655.5444 West Palm Beach
William H. Strop Shareholder 954.364.6081 Ft. Lauderdale
Andrea Titone Attorney 212.599.3322 New York
Thomas A. Tormey, Jr. Of Counsel 212.599.3322 New York
John P. Townsend Senior Attorney 850.664.2229 Ft. Walton Beach
Steven Vogel Shareholder 305.262.4433 Miami
Daniel L. Wallach Shareholder 954.965.5049 Ft. Lauderdale
Lee A. Weintraub Shareholder 954.985.4147 Ft. Lauderdale