Daniel L. Wallach (Shareholder)
dwallach@becker-poliakoff.com

Professional Experience
Mr. Wallach is Board Certified in Appellate Practice by The Florida Bar, and is AV-Rated (the highest level attainable) by Martindale-Hubbell. He has significant appellate law experience, and has practiced before a number of appellate tribunals, including the United States Supreme Court, the United States Court of Appeals, the Florida Supreme Court and the Florida district courts of appeal. Mr. Wallach has handled appeals involving a broad range of subject matters, including civil rights, constitutional law, land use and zoning, municipal law, business disputes, creditors' rights, employment law, family law, and intellectual property rights. Mr. Wallach also provides litigation support during every phase of the litigation process to optimize his client's position and create efficient and effective strategies for trial. In addition to his burgeoning appellate practice, Mr. Wallach handles complex federal litigation at the trial court level, where he has developed a niche handling cases involving the federal securities laws, federal civil rights statutes, and religious discrimination (RLUIPA). Mr. Wallach was recently rated “excellent” by Avvo Ratings, an online lawyer listing that rates and profiles individual attorneys. The rating is based on a mathematical model that considers the information in a lawyer's profile, including years in practice, disciplinary history, professional achievements, and industry recognition.

Prior to joining the firm in December 2000, Mr. Wallach gained significant litigation and trial experience with a prominent New York litigation boutique, where his clients included Donald Trump, Carl Icahn, Bob Arum, and several professional boxers, including former world champion Julio Cesar Chavez.

Mr. Wallach began his legal career as the judicial law clerk for the Honorable Jacob Mishler, a federal district court judge and the former chief judge of the United States District Court for the Eastern District of New York. Upon the conclusion of his one-year federal judicial clerkship, Mr. Wallach joined the New York office of Weil, Gotshal & Manges, where he was a member of the Business and Securities Litigation Department (which, at the time, was the largest law firm practice group devoted exclusively to the practice of federal securities litigation). While there, Mr. Wallach worked on a wide range of cases arising under the federal securities laws, including class action and derivative action lawsuits filed against issuers and underwriters of securities.

Representative Cases/Matters:

• Represented national, publicly-traded casino and gaming company in litigation brought by competitor challenging land use, zoning and development approvals.
  
  
• Defended pari-mutuel racetrack in lawsuit brought by harness drivers trade association seeking increased share of slot machine gaming revenues.
  
  
• Represented municipalities and religious organizations in RLUIPA actions alleging religious discrimination in connection with denial of land use and zoning applications.
  
  
• Represented investors in securities fraud and ILSA class action against publicly-traded home builder and affiliates alleging fraud in connection with the sale of new homes.
  
  
• Defended real estate developers in ILSA actions seeking to rescind sales contracts.
  
  
• Represented developers, homeowners' associations and private individuals in litigation challenging and/or seeking to sustain quasi-judicial land use decisions by municipalities.
  
  
• Represented well-known sports broadcasting personality in breach of contract against sports talk radio station and corporate parent; recovered $60,000 in unpaid wages for client.
  
  
• Represented victims of police brutality in civil rights action against municipality.
  
  
• Represented several professional boxers, including former champion Julio Cesar Chavez, in lawsuits with promoters and managers challenging exclusive promotional rights (successes included defeating famed boxing promoter Don King's efforts to prevent Mr. Chavez from fighting Oscar De La Hoya for the word welterweight championship).
  
  
• Defended municipalities in actions challenging constitutionality of land use ordinances (successfully defended City of Hollywood from constitutional challenge to City's review criteria for development approval).
  
  
• Defended condominium and homeowners' associations in lawsuits alleging housing discrimination under the “55 and over” provisions of the federal Fair Housing Act.
  
  
• Represented transportation service providers in litigation arising out of bid protest disputes with municipalities (due, in large part, to Mr. Wallach's constitutional challenge, Broward County recently modified its appeal bond requirement to make the appeals process less costly to those seeking to challenge the County's procurement decisions).
  
  
• Defended restaurants and dining establishments in ADA compliance lawsuits.

Select Reported Decisions:

• Van Hook v. The Residences at Coconut Point, LLC, 2010 WL 381363 (11th Cir. Feb. 3, 2010) (prevailed on behalf of real estate developer in obtaining reversal of final judgment entered by trial court in favor of purchaser in case arising under federal ILSA statute)
  
  
• DK Arena, Inc. v. E.B. Acquisitions I, LLC, 31 So.3d 313 (Fla. 4th DCA 2010) (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 precedent that detrimental reliance upon verbal representations in the context of a real estate transaction can, under certain circumstances, overcome the statute of frauds)
  
  
• Grovenor House, LLC v. E.I. DuPont De Nemours and Co., 2010 WL 883647 (S.D. Fla. Mar. 8, 2010) (prevailed on motion to dismiss in breach of warranty action brought by real estate developer against manufacturer of laminated products)
  
  
• Domantay v. United States, 988 So.2d 1098 ( Fla. 2d DCA 2008) (prevailed on behalf of federal government agency in appeal of judgment entered in mortgage foreclosure action)
  
  
• Christ Covenant Church v. Town of Southwest Ranches, 2008 WL 2686860 (S.D. Fla. June 29, 2008) (prevailed on motion to compel discovery in action brought by house of worship against municipality alleging discrimination in denial of site plan application; decision permitted Mr. Wallach's client to obtain important discovery in RLUIPA action)
  
  
• Wigand v. West City Partners, Inc., 2008 WL 384394 (S.D. Fla. Feb. 11, 2009) (prevailed on behalf of real estate developer in securing dismissal of ILSA claims)
  
  
• Friends of Great Southern, Inc. v. City of Hollywood, 964 So.2d 827 (Fla. 4th DCA 2007) (successfully defended municipality and real estate developer with vested rights from constitutional challenges to the city's review criteria for development approval)
  
  
• Moran v. Schurger , 849 So.2d 1184 ( Fla. 3d DCA 2003) (prevailed on behalf of corporate shareholder in obtaining reversal of a $175,000 final judgment which had been entered against him in the trial court through the doctrine of piercing the corporate veil)
  
  
• Rodriguez Salgado v. Les Nouvelles Esthetiques, 218 F. Supp. 2d 203 (D.P.R. 2002) (prevailed on behalf of magazine publisher in obtaining dismissal of libel action)

Activities & Memberships
Mr. Wallach serves as a Vice-Chair of the prestigious Appellate Advocacy General Committee of the ABA 's Tort Trial & Insurance Practice Section. He has also served as a volunteer attorney with the Lawyers Committee on Human Rights, representing persons seeking political asylum. Mr. Wallach also handled matters on a pro bono basis for the Volunteer Lawyers for the Arts. During the 2008 presidential election, Mr. Wallach was a registered poll watcher with the Florida Democratic Lawyers Council and a volunteer with the Barack Obama Presidential Campaign.

Bar Admissions
Florida, 2001
New York, 1992

Publications
Co-author, “Twelve Deadly Sins: An Owner's Guide to Avoiding Liability for Implied Obligations During the Construction of a Project,” Construction Lawyer, Fall 2007

Q&A With Becker & Poliakoff's Daniel Wallach, Law360

Co-author, "Risky Business: The Active Interference Exception to No Damage for Delay Clauses", Construction Lawyer, Winter, 2003.

Co-author, "Lawyers Serving on Boards of Client: A Survey of the Problems", Insights, April 1993, Vol. 7, No. 4.

Co-author, “Statutory Exception to Barton Doctrine Narrowly Construed by the First Circuit,” Commercial Law League, Bankruptcy Section, August 2004

Court Admissions
United States Supreme Court
United States Court of Appeals, Eleventh Circuit
United States Court of Appeals, Seventh Circuit
United States Court of Appeals, Fifth Circuit
United States District Court, Southern District of Florida
United States District Court, Middle District of Florida
United States District Court, Southern District of New York
United States District Court, Eastern District of New York
United States District Court, Western District of New York

Education
J.D., Hofstra University School of Law, 1991 (With Distinction), Hofstra Law Review Editor
B.S., Hofstra University, 1984