Attorneys
Gary C. Rosen
Chair

Herbert O. Brock, Jr.
Vice Chair

Perry M. Adair
Marcus C. Aguirre
Michele Ammendola
Larry Bassuk
Brian M. Becher
Alan S. Becker
Marni Becker-Avin
JoAnn Nesta Burnett
William J. Cea
Thomas J. Code
John Cottle
Steven M. Davis
Kenneth S. Direktor
Chris Alan Draper
Phillip E. Dubé
Lilliana M. Farinas-Sabogal
Jamie B. Goldberg
Michael C. Gongora
Bradley J. Gross
Astrid Guardado
Lori Heyer-Bednar
Jason Himschoot
Joseph W. Janssen
Mark G. Keegan
Scott Kiernan
Marlene L. Kirtland
Sanjay Kurian
Steven B. Lesser
Allen M. Levine
Neil H. Levinson
Mitchell W. Mandler
Kevin Markow
Aleida Martinez Molina
George Meierhofer
John Kevin Miller
Tracy A. Mitchell
Jana Montiel
David G. Muller
Miguel Diaz de la Portilla
Ivan J. Reich
Kathy E. Rentas
David H. Rogel
Cheryl L. Rosenbaum
Daniel S. Rosenbaum
Gary M. Schaaf
John M. Siracusa
John P. Townsend
Richard Valuntas
Daniel L. Wallach
Lee A. Weintraub
Michael R. Whitt
Laurel R. Wiley
Tatiana B. Yaques
Stuart J. Zoberg

Articles
Covenants Not To Compete: Current Conflicts And Emerging Issues Affecting Enforcement, By Gary Rosen & David H. Reimer

Commercial Litigation is one of the Firm's strongest, largest, and most well-respected practice areas. We are proud of our reputation for providing strategic, innovative, and aggressive representation. Becker & Poliakoff is one of Florida 's largest law firms (ranked by Florida Trend magazine) and one of the top five law firms in South Florida (according to the South Florida Business Journal). Approximately half of our attorneys are full time litigators.

Becker & Poliakoff represents clients in complex commercial litigation matters throughout the United States. The Firm's litigators have extensive experience litigating in federal and state courts, and in arbitrations, concerning a wide range of legal disputes, representing both plaintiffs and defendants. 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, coordination of extensive discovery and trial experience. We have handled a broad range of complex commercial 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. Several Becker & Poliakoff litigators are Board Certified by the Florida Bar and recognized experts in their field. Many of our attorneys are extensively published and lecture on their areas of legal expertise. One is a former Chairman of the Academy of Florida Trial Lawyers Commercial Litigation Section and a member of their Board of Directors. Another is Associate Editor for the Commercial Litigation Section, Academy of Florida Trial Lawyers Journal. Another was past Chairman of the American Bar Association Trial Techniques Committee, past Chairman of the Committee on Economics of Tort and Insurance Law Practice, past Chair of the Law Office Economics Committee and a member of the prestigious American Bar Association's Council on Tort & Insurance Practice Section.

Appellate Law
One way to judge a firm's litigation strength is through its history of Appellate Decisions. The Firm has been involved in nearly 300 appellate cases. We are not newcomers to the field of litigation and appellate work, and particularly Florida based real estate litigation. Our case list shows our leadership on a wide range of issues, from Constitutional issues, to the applicability of Federal Anti-Trust laws, to statutory construction, to director liability. Other cases involve issues of zoning, site plan, easement, permitting. Finally there are our many $1,000,000+ construction litigation victories, along with a leading case in which our form of Complaint in construction litigation was adopted by the appellate court as the proper model, which most everyone has copied ever since.

Construction Litigation
Becker & Poliakoff is proud to have more Board Certified Construction attorneys than any other Florida law firm. Board Certification by the Florida Bar is a rigorous and demanding standard which allows attorneys to be considered “experts” or “specialists” in their field upon successful passage of the Board Certification exam and meeting other criteria including continuing education, years of practice and more. Our Construction Law Practice Group is also one of the largest dedicated construction practices in the State.

In addition to being trial counsel in construction cases in almost every circuit of the State, the Firm has been counsel in many leading appellate cases involving construction law. For additional information, see Construction Law & Litigation practice.

A few examples of our Firm's experience:

1. The Firm successfully argued the appeal of Phillipe H. Moransais before the Supreme Court of Florida which effectively halted years of expansion of the Economic Loss Doctrine in favor of consumers of professional services including homeowners, developers, owners of commercial buildings and others that rely on professional services. The opinion clearly and convincingly retreated from previous decisions that had expanded the doctrine well beyond its original intent. Following an adverse decision by the appellate court stating that the engineers could not be sued for economic damages, the Firm's attorneys took the case to the Supreme Court to challenge the economic loss doctrine after years of expansion and misapplication. The Supreme Court overwhelmingly supported the Firm's position in a 5-1 landmark decision which in effect, reshapes construction law in Florida.
   
   
2. The Firm has represented the School Board of Broward County (SBBC) since 1994 as its Special Counsel for Construction. Our attorneys have worked closely with SBBC officials to resolve numerous delay and defect claims, draft and redraft construction-related contracts, train SBBC staff on changes to construction laws, prevent suits through the use of expert analysis to pre-determine liability and cost effectiveness of suing or defending claims, and when necessary, filing suits against the District's vendors or vigorously defending such claims.

Intellectual Property Litigation
Safeguarding the unique ideas, brands, methods, marks, technology and products of our clients is critically important. Our highly qualified team provides aggressive representation for our client's most valued assets. Our litigators have prosecuted claims for trademark, trade dress and copyright infringement, unfair competition, false designation of product origin, and trademark dilution.

Product Liability
We have handled many cases including, for example, allegedly defective household products or equipment such as air conditioning units which allegedly caused fires, and cases involving water filters which allegedly caused property damage or injury, and in one case, death. We have also participated in a team defending multi-million dollar claims involving fire retardant treated plywood; defended an engineer where a child was injured by a pump motor lift station designed by the engineer (and possible claim by the engineer against the manufacturer); defended a tire explosion case; defended two underground pollution cases; and defended seller of chemicals whose chemical product caused burns to plaintiff's eyes.

Infrastructure and Land Use litigation
We also have extensive experience in cases involving infrastructure issues, including land use concerns. Listed below are a few of our cases:

• Arvida v. Palm Beach County, we successfully represented the County and the Commissioners personally when the County was sued by Arvida on allegations of improper influence on the commissioners to pull building permits and CO's of Arvida's convention facility.
  
  
• Chase Manhattan v. South Florida Water Management District, we represented Chase as a developer of land in Martin County. We sued and got a preliminary injunction. This was the first case where the lands of the District were enjoined from public use.
  
  
• In Boca Grande Property Owners Assn. vs. Boca Development, et al., we represented the developer against the Association in a complex multiparty lawsuit (approximately 20 parties) to defend claims that a 355,000 sq. ft. Commercial center was constructed in violation of recorded declaration provisions prohibiting the center. We prevailed, were affirmed on appeal.
  
  
• We have successfully handled (and continue to represent) large telecommunications providers and tower operators of land use cases, both administratively and in court, involving placement of towers or antennae. 

Real Property
Real estate litigation covers a wide range of issues: foreclosures, evictions and other landlord tenant disputes, receivership actions, title problems, riparian rights and more.

• Milani v. Boca Highland Center and Palm Beach County
  The Firm successfully tried a complicated real estate and land use case on behalf of our client, Boca Highland Center, Inc., and as co-counsel with Palm Beach County, concerning the construction of “ Milani Park ” in Highland Beach which had been delayed for years by a lawsuit. The judge ruled in favor of Palm Beach County and Boca Highlands Center Inc.
  
  
• Our lawyers secured a ruling In re Lot 20, Block H, Revised Map of Royal Park Addition to Palm Beach, Fla., 603 So. 2d 714 (Fla. 4 th DCA 1992) Constitutional homestead protection superior to state-wide prosecutors rico lien.

Business Disputes
Our commercial litigators have vast experience in this broad category of law including partnership dissolutions, fraud, employment contracts, non competition agreements, and shareholders’ disputes.

A few examples: a challenge over corporate control by a deposed president/director against our clients, the new President and the company seeking $100,000,000 (settled for $7 million); defense of a $400 million lawsuit by the Federal Government against our clients; a $10 million contract dispute in Los Angeles, between our client – a European company – and the Plaintiff, a former representative seeking commissions.

Notable decisions in this area include:

• Bank One, Dayton, N.A. v. Sunshine Meadows Condominium Association, Inc., 641 So. 2d 1333 (Fla. 1994). Mortgage of commercial lender incorporated into common elements of Condominium;
  
  
• Ocwen Financial Corp. v. Holman, 769 So. 2d 481 (Fla. 4 th DCA 2000). Arbitration clause in complicated purchase and sale agreement required all claims to go to arbitration;
  
  
• Weinstein Design Group, Inc. v. Cecil Fielder, 884 So. 2d 990 (Fla. 4 th DCA 2004). Protecting the commercial use of major league baseball player's name;

International Litigation
The firm has handled a substantial number of cases involving matters in U.S. courts, including the application of foreign commercial law in the United States, application of the RICO statute, obtaining personal jurisdiction over foreign entities (including obtaining of jurisdiction over persons evading process), and domestication of foreign judgments.

The firm has also brought and defended cases by and against foreign companies and individuals to enforce agreements and foreign law for transactions by U.S. companies.

As examples, 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. In another matter, the firm was able to obtain personal jurisdiction in Florida over a Mexican telecommunications company in an action brought by a U.S. citizen. The firm also 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.

Labor and Employment Law
Experience includes trials and appeals of complex labor and employment cases, including discrimination cases, civil rights and administrative complaints:

• Jennes, et. Al. v. Ocwen Federal Bank FSB, case No. 99-8681 CIV-Ryskamp/Vitunac, aff'd Jennes, et. al. v. Ocwen Federal Bank FSB, Case No. 02-10265-EE, Eleventh Circuit Court of Appeals (Opinion of January 28, 2003). Fair Labor Standards Act and Incentive Compensation Plan claims.
  
  
• Sunbelt Distributors, Inc. v. Klienrichert, 702 So. 2d 644 (Fla. 4 th DCA 1997)
  
  
• United States of America v. Sea Winds of Marco, Inc., 893 F. Supp. 1051, (M.D.Fla. 1995). Justice Department lawsuit for Fair Housing Act violations.

Securities Litigation
The Firm has represented a broad spectrum of clients in Securities Litigation matters from private investors and shareholders to brokers/dealers, investment banks, corporate investors, issuers, underwriters, trustees and professionals on issues ranging from claims of fraud, sales practice violations, shareholder disputes, issuance and sale of securities, proxy disputes and drafting then litigating non-compete agreements when necessary and appropriate to protect the company's trade secrets. In addition, our attorneys have been involved in State and Federal Class Action Certification Litigation including numerous claim certification cases in various types of lawsuits:

• Binder v. Rainbow Medical, Inc., 831 So. 2d 254 (Fla. 3 rd DCA 2002) Misrepresentation class action in the sale of securities;
  
  
• Spitz, et al v. Connecticut General Life Insurance Company v. Minkin, Case No. 95-CV-3566, Central District of California, (appealed in case No. 99-55403, United States Court of Appeals, Ninth Circuit). Appeal of omitted class member in interest sensitive class-action insurance litigation.

Our litigation department is experienced in several areas of this highly specialized practice including:

• NYSE and NASD securities arbitrations;
• federal and state commercial litigation;
• employment and customer disputes, and
• SEC, NYSE and NASD investigations and enforcement actions.

We represent:

• broker-dealers;
• small to mid-sized public and private companies;
• investment bankers;
• registered representatives and customers, and
• securities professionals in compensation disputes with former firms.

Governmental Litigation
Experience includes trials and appeals of eminent domain lawsuits, environmental law cases, ad valorem tax cases on large commercial enterprises, telecommunications and public records cases.

• Markham v. PPI, Inc., 843 So. 2d 922 (Fla. 4 th DCA 2003). Ad valorem taxation of Pompano Harness Track;
  
  
• Zamecnik v. Palm Beach County, 768 So. 2d 1217 (Fla. 4 th DCA 2000). Trial of eminent domain proceedings to construct golf course on noise impacted real estate by aircraft using primary runway at Palm Beach International Airport;
  
  
• Town of Palm Beach v. State Department of Natural Resources, 577 So. 2d 1383 (Fla. 4 th DCA 1991). Jurisdictional limitations to authorize between local government and State to passage of environmental ordinance;
  
  
• Town of Manalapan v. Rechler, 674 So. 2d 789 (Fla. 4 th DCA 1996) Writ of mandamus for public records requests made simultaneous with pending litigation;