Litigation – Weiss Serota Helfman Cole + Bierman

Firm Partners Howard D. DuBosar, Anne R. Flanigan, and Ronald S. Nisonson Recognized in the 2025 Lawdragon 500 Leading Litigators in America Guide

Weiss Serota Helfman Cole + Bierman — Fri, 20 Sep 2024 19:06:52 +0000

The Firm is proud to announce that partners Howard DuBosar, Anne Reilly Flanigan, and Ronald Nisonson were named among the 2025 Lawdragon 500 Leading Litigators in America.

Howard, Chair of the firm’s Commercial Litigation Practice Group, focuses his practice on complex commercial litigation matters. He has extensive experience in corporate and partnership litigation, business divorce, business torts, trade secret litigation, intellectual property, and commercial real estate recovery disputes.

Anne is a civil litigator, representing both public and private clients in a wide range of cases. Her litigation practice includes federal civil rights matters, personal injury, contract disputes, and real property claims, and she actively practices in both federal and state court.

Ronald Nisonson is a commercial litigator and Florida Supreme Court Certified Circuit Mediator with over two decades of experience. His practice focuses on contracts, corporate and commercial litigation, construction litigation, professional liability, and insurance defense litigation. Ronald has handled complex matters in trial and appellate courts in both the Florida and federal judicial systems.

Lawdragon’s 500 Leading Litigators in America guide showcases top U.S. litigators across various specialties. Compiled through submissions, journalistic research, and peer vetting, it features 2,878 lawyers from about 100 firms.

To view the full guide, click here.

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WSHC+B Attorneys Selected for Inclusion in the Best Lawyers in America 2025

Weiss Serota Helfman Cole + Bierman — Thu, 15 Aug 2024 15:21:06 +0000

Congratulations to all our attorneys who have been recognized by their peers for inclusion in the 2025 edition of The Best Lawyers in America©.

Of the 47 lawyers recognized, 12 of the firm’s attorneys were recognized for the very first time and 14 attorneys were recognized as Ones to Watch.

Best Lawyers has employed the same transparent methodology for more than 35 years, based entirely on peer review.

The following includes all Firm attorneys named and areas in which they are recognized:

Miami

Mitchell A. Bierman (Administrative / Regulatory Law, Government Contracts, Government Relations Practice)
Lillian Arango (Real Estate Law)
Maria Victoria Currais (Real Estate Law)
Jeffrey Decarlo (Commercial Litigation, Public Finance Law)
Alan K. Fertel (Sports Law)
Chad S. Friedman (Land Use and Zoning Law, Real Estate Law)
Jessika Arce Graham (Bankruptcy and Creditor Debtor Rights / Insolvency and Reorganization Law)
Edward G. Guedes (Appellate Practice)
Stephen J. Helfman (Land Use and Zoning Law)
Juan P. Loumiet (Litigation – Real Estate, Real Estate Law)
Justin Luger (Commercial Litigation)
Anthony L. Recio (Land Use and Zoning Law)
Paul Ryder (Employment Law – Management)
Clifford A. Schulman (Environmental Law, Land Use and Zoning Law)
Joseph H. Serota (Commercial Litigation)
Eduardo M. Soto (Real Estate Law)
Richard Jay Weiss (Government Relations Practice)
Laura K. Wendell (Appellate Practice)
David M. Wolpin (Employment Law – Management, Government Relations Practice)
Daniela Cimo (Ones to Watch: Land Use and Zoning Law)
Kelsie Elmer (Ones to Watch: Real Estate Law)
Roger C. Pou (Ones to Watch: Municipal Law)
Samantha W. Soto (Ones to Watch: Labor and Employment Law – Management, Litigation – Labor and Employment)
Alejandro Uribe (Ones to Watch: Land Use and Zoning Law)

Fort Lauderdale

Daniel L. Abbott (Litigation – Land Use and Zoning)
Mitchell J. Burnstein (Commercial Litigation, Eminent Domain and Condemnation Law)
Jamie A. Cole (Commercial Litigation)
Alicia Gonzalez (Real Estate Law)
Paul Gougelman (Land Use and Zoning Law)
Michael J. Kurzman (Construction Law, Litigation – Construction)
Matthew H. Mandel (Commercial Litigation)
Eric L. Stettin (Commercial Litigation)
Susan L. Trevarthen (Land Use and Zoning Law)
Peter D. Waldman (Eminent Domain and Condemnation Law)
Isabella Falcon (Ones to Watch: Commercial Litigation)
Anne Reilly Flanigan (Ones to Watch: Appellate Practice, Civil Rights Law, Commercial Litigation)
Narinah Jean-Baptiste (Ones to Watch: Municipal Law)
Bryan C. Siddique (Ones to Watch: Commercial Litigation)
Alison F. Smith (Ones to Watch: Labor and Employment Law – Management)
Blayne Yudis (Ones to Watch: Commercial Litigation)

Boca Raton

Howard D. Dubosar (Commercial Litigation, Litigation – Bankruptcy)
Andrew S. Maurodis (Land Use and Zoning Law)
Brett J. Schneider (Employment Law – Management, Labor Law – Union, Litigation – Labor and Employment)
David N. Tolces (Real Estate Law)
Ethan Goldstein (Ones to Watch: Commercial Litigation)
Ryan Hudak (Ones to Watch: Labor and Employment Law – Management)
Jeremy S. Rosner (Ones to Watch: Commercial Litigation)

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WSHC+B ATTORNEYS RECOGNIZED AS 2024 SUPER LAWYERS AND RISING STARS

Weiss Serota Helfman Cole + Bierman — Mon, 24 Jun 2024 15:56:39 +0000

The Firm is proud to announce that 11 attorneys have been named to the 2024 Super Lawyers list, while 4 attorneys have been recognized as 2024 Rising Stars.

Super Lawyers recognizes distinguished attorneys who have undergone a rigorous screening process and are ultimately selected for inclusion in their annual list of exceptional legal professionals. Published by Thomson Reuters, Super Lawyers is a rating service of attorneys from more than 70 practice areas and determines its rankings through independent research, peer nominations, and peer evaluations. Only the top 5 percent of outstanding lawyers in Florida are rated by Super Lawyers, while no more than 2.5 percent of lawyers under 40 years old or who have practiced for fewer than 10 years are selected as Rising Stars.

The Firm’s recognized attorneys are listed below.

Miami

Recognized as Super Lawyers

Recognized as Rising Star

Justin D. Luger

Fort Lauderdale

Recognized as Super Lawyers

Recognized as Rising Stars

Boca Raton

Recognized as Super Lawyers

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Preliminary Injunction Entered to Prevent Enforcement of Florida’s Overly Intrusive Financial Disclosure Requirements

Weiss Serota Helfman Cole + Bierman — Tue, 11 Jun 2024 18:10:56 +0000

Miami, FL – United States District Court Judge Melissa Damian has entered a preliminary injunction enjoining the members of the Florida Commission on Ethics from enforcing a new requirement that local Mayors and members of municipal elected bodies file a highly intrusive financial disclosure form. For the past 50 years, municipal elected officials have been required to file a Form 1 financial disclosure, which advises the public of the officials’ employers, primary sources of income and major assets.

Last year, Florida enacted a new law that requires municipal elected officials instead to file a Form 6, which requires that elected municipal officials also disclose the amount of their net worth, the amount of their income (including from their primary jobs), the value of each of their assets and the amounts of each liability. These additional disclosures have nothing to do with the officials’ duties and are not relevant in any way to possible breaches of the public trust. Judge Damian found that “it is not apparent from the record that a change from the Form 1 requirement to the Form 6 requirement was necessary nor that SB 774 is substantially related to the State’s identified interests.”

In a lawsuit filed by Weiss Serota Helfman Cole + Bierman, over 170 elected municipal officials from throughout Florida challenged the law as a violation of the First Amendment. Judge Damian ruled that the elected municipal elected officials “have demonstrated a reasonable likelihood that they will succeed on the merits of their claim” and prevented the members of the Commission on Ethics from enforcing the new requirement statewide during the pendency of the lawsuit.

“This is the most intrusive form of financial disclosure that I am aware of in the entire nation, requiring more disclosure of quintessentially personal financial information than is required of the President of the United States, members of Congress and elected officials in every other state,” said Firm Partner and Fort Lauderdale Office Managing Director Jamie A. Cole, the lead attorney representing the plaintiffs. “Most municipal elected officials receive little to no compensation for their public service, yet they are being asked to disclose their precise net worth, income and assets. This legislative overreach has already resulted in the mass resignation of about 125 municipal elected officials and, if allowed, would discourage many others from serving their communities.”

Cole added that the preliminary injunction is a significant step in the plaintiffs’ efforts to ultimately obtain a ruling that the Form 6 disclosure requirements are unconstitutional.

WSHC+B Partners Edward G. Guedes and Anne R. Flanigan, and associate Jeremy Rosner, are co-counsel with Cole in representing the plaintiffs.

Click the links below to see media coverage.

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Edward Guedes Defends City of Miami Beach’s Alcohol Sales Ordinance at the Third District Court of Appeals

Weiss Serota Helfman Cole + Bierman — Tue, 31 Oct 2023 14:38:05 +0000

In a recent article published by the Daily Business Review, Edward G. Guedes, Chair of the Appellate Practice Group, discusses representing the City of Miami Beach in a pivotal appellate case against Story Nightclub. The case centered around the City’s ordinance related to alcohol sales after 2 a.m.

The Third District Court of Appeal’s decision upheld the ruling and affirmed the denial of a temporary injunction. The Third DCA also found neither an abuse of discretion in the trial court’s decision to deny the motion for temporary injunction, nor any error in its attendant legal conclusions. Reflecting on the decision, Guedes stated, “The facts are what they are, and the courts have concluded that the City of Miami Beach had a legitimate, rational basis for taking corrective action to protect their residents in that neighborhood.”

This case has been a focal point of discussion, shedding light on the balance between nightlife economy and the interests of residents. The Court’s decision underscores the importance of local regulations and the City’s commitment to its residents.

For an in-depth look at the case and its implications, click here to read the full article.

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Alan K. Fertel speaks with the “Locked On Canes” podcast about the NCAA’s recent memo on NIL regulations

Weiss Serota Helfman Cole + Bierman — Fri, 30 Jun 2023 14:19:28 +0000

WSHC+B partner and chair of the firm’s Sports, Arts and Entertainment Law Practice Group, Alan K. Fertel, spoke with the “Locked On Canes” podcast about the NCAA’s recent memo stating that schools must follow NCAA rules regarding NIL over state NIL laws.

“They have no idea what they are doing in the NIL space,” Alan observed. “If they don’t take a stand they become irrelevant. If they do take a stand they force litigation within those states.”

Alan is a standout lawyer whose diverse practice includes sports, arts and entertainment law, civil litigation, commercial law, international law, and family law. Alan negotiates high value endorsement deals and sponsorship contracts for athletes including American Olympic gold medal swimmers Caeleb Dressel and Bobby Finke and two-time Olympic silver medalist Eddy Alvarez.

Listen to the full podcast here.

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WSHC+B speaks with the Daily Business Review as an honoree in the 2023 Florida Legal Awards Litigation Departments of the Year category

Weiss Serota Helfman Cole + Bierman — Thu, 25 May 2023 20:07:44 +0000

WSHC+B was recently profiled by the Daily Business Review as an honoree in the 2023 Florida Legal Awards Litigation Departments of the Year category, which highlighted the department’s successes, its approach to challenges in the field and its ability to thrive in today’s post-pandemic world.

The litigation team discussed some of its biggest successes and biggest challenges of 2022 highlighting that its “emphasis on having our attorneys actively serve the legal industry and community at large in a way that fosters meaningful positive change has been a constant guiding principle throughout our firm’s 30-plus years of operation.”

Read the full article here.

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Partner Ed Guedes discusses with the Daily Business Review his recent appellate victory in an appeal involving Florida’s Anti-SLAPP statute

Weiss Serota Helfman Cole + Bierman — Fri, 31 Mar 2023 20:02:59 +0000

WSHC+B partner and chair of the firm’s appellate practice group, Ed Guedes, represented his client in an appeal involving an issue of first impression in Florida. His client sued the Town of Indian River Shores in the Nineteenth Circuit Court after the resident and former pension board member got into a dispute with the town council over his vote to raise the pension return rate. A town council member demanded he resign and filed two ethics complaints against him which led to him being voted out as a union official. In turn, he sued the Town for declaratory relief, defamation, malicious prosecution, and tortious interference.

In the lower court, the Town of Indian River Shores invoked Florida’s Anti-SLAPP statute, pursuant to which a defendant can file a motion to dismiss or for summary judgment, which must be heard by the court “at the earliest possible time.” The provision was created with the intention to prohibit lawsuits brought against individuals for exercising their right of free speech in connection with a public issue or their rights to peacefully assemble.

This initially led to Ed’s client’s lawsuit being dismissed, but Fourth District Court of Appeal Judges Jeffrey T. Kuntz and Dorian K. Damoorgian held, “Crosby brought the claim against a governmental entity, the Town. The Circuit Court, therefore, erred when it allowed a governmental entity to rely on Florida’s Anti-SLAPP statute as the ground for granting its motion to dismiss. So we must reverse the circuit court’s dismissal with prejudice based on the Anti-SLAPP statute. Florida’s Anti-SLAPP statute protects the people, not the government.”

A Fellow of the prestigious American Academy of Appellate Lawyers and ranked by Chambers USA in appellate law, Ed Guedes is widely known for his representation of business and government clients in high-stakes appeals. He has litigated dozens of appeals before the Florida Supreme Court, Florida’s district courts of appeal and the U.S. Courts of Appeals in a wide variety of matters.

Daily Business Review (March 31, 2023) ‘Writing on a Blank Slate’: Florida Attorney Wins Anti- SLAPP Appeal in Case with No Precedent, Case Law

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Ed Guedes Successfully Overturns Corporate-Wide Discovery Order on Behalf of Publix Super Markets, Inc.

Weiss Serota Helfman Cole + Bierman — Fri, 27 Jan 2023 17:15:58 +0000

WSHC+B partner and chair of the firm’s appellate practice group, Ed Guedes, made sure the tactic to obtain corporate-wide discovery from his client, Publix Super Markets, Inc., in a garden variety slip-and-fall case will not be allowed.

Last week, the Third District Court of Appeal quashed the Miami-Dade Circuit Court’s discovery order, which partially allowed a deposition of a corporate representative with respect to 150 areas of inquiry. The court reasoned that the deposition notice was impermissible, to the extent that it permitted corporate-wide discovery.

“We’re starting to see certain law firms using this tactic as a bludgeon rather than a way to refine certain questions that need to be answered by a corporate representative,” Ed told the Daily Business Review in an article about his representation. “It has become a free-for-all, ‘We want access to all your company information on all these topics and you just better make somebody do it.’ We pushed back because that is not what the statute contemplates.”

The court agreed with Ed, stating in its ruling that the tactic “amounts to impermissible carte blanche discovery that results in irreparable harm and departs from the essential requirements of the law.” The court also expressly held that plaintiffs suing for an accident caused by a transitory foreign substance are not permitted to proceed on a theory of negligent mode of operation.

“The decision provides stronger and clearer guidance to trial judges as to what is permissible in terms of discovery when you are dealing with these premises liability cases governed by the statute,” Ed said. “It has to be narrower; it cannot be the broad exploration that happened here.”

Daily Business Review (January 26, 2023) ‘Using This Tactic as a Bludgeon’: Appellate Court Rejects Corporate-Wide Discovery Order

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Weiss Serota Helfman Cole + Bierman Secures $1.5 Million Arbitration Ruling Against FEMA

Weiss Serota Helfman Cole + Bierman — Tue, 25 Oct 2022 14:51:55 +0000

Firm’s Mitch Bierman, Justin Luger and Roger Pou successfully represent the Village of Pinecrest in obtaining Hurricane Irma damage reimbursements

Miami, Fla. – Weiss Serota Helfman Cole + Bierman (WSHC+B) successfully navigated a new federal arbitration process to win a $1.5 million ruling against FEMA on behalf of the Village of Pinecrest. Mitch Bierman, Justin Luger and Roger Pou represented the Village in obtaining reimbursements for damages caused by Hurricane Irma in 2017.

This ruling and form of arbitration are expected to have significant impacts going forward as claims related to Hurricane Ian are filed and evaluated.

A U.S. Civilian Board of Contract Appeals panel ruled that the Village was wrongfully denied virtually all public assistance funding requests from FEMA. The Village’s claims revolved around various categories of debris clearance and removal activities performed between October and December 2017, in response to damage caused by Hurricane Irma on Sept. 10, 2017.

Federal arbitration can now be sought through this Board as a last resort for claims of at least $500,000 in densely populated areas and at least $100,000 in certain areas with a population of under 200,000.

“We are thrilled to secure an appropriate outcome for the Village of Pinecrest through this new arbitration procedure,” said Luger. “The Village’s well-documented claims were disregarded by FEMA at every turn. It is heartening to know that there is now an impartial avenue to pursue justified and documented disaster relief reimbursements.”

Bierman, Partner and Miami Office Managing Director at WSHC+B, is Village Attorney for the Village of Pinecrest.

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