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

• Mitchell Bierman
• Alan K. Fertel
• Edward G. Guedes
• Joseph H. Serota

Fort Lauderdale

Recognized as Super Lawyers

• Mitchell J. Burnstein
• Jamie A. Cole
• Michael J. Kurzman
• Susan Trevarthen
• Peter D. Waldman

Recognized as Rising Stars

• Chanae Wood

Boca Raton

Recognized as Super Lawyers

• Howard D. DuBosar
• Alen H. Hsu
• Brett J. Schneider

Recognized as Rising Stars

● Jeremey Rosner

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The article discusses a decision by a three-judge panel of the Third District Court of Appeal in Miami-Dade County, which upheld Circuit Judge Reemberto Diaz’s ruling that North Miami Council members acted within Florida law when they voted to move the election date.

Ed represented the city of North Miami in the case. He told the Miami Herald that because the appeals court simply upheld the trial court’s ruling without elaborating in a written opinion of their own, “technically that kind of decision is not binding precedent.” 

Nevertheless, Ed said Florida law allows municipalities to change the election date via ordinance and without voter input. 

“It is very, very clear that the Florida Legislature authorized this kind of election date-changing by cities, and to do so by ordinance notwithstanding a charter,” Ed said.

He emphasized that making the change is “a one-time shot.” “This isn’t just a mechanism for cities to abuse the process and sitting elected officials to continuously extend their terms in office, because it’s a one-shot alignment,” Ed said. “Once you align, that’s it. You’re done.”

Ed is Board Certified in Appellate Practice by the Florida Bar and is chair of the firm’s Appellate Practice Group. 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, including medical malpractice, premises liability, probate, First Amendment and constitutional litigation, family law, state and federal administrative rule-making and regulation, home rule authority and preemption, election law, civil rights, land use and zoning, intellectual property, and labor and employment issues.

Click here to view the article.

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Board-certified lawyers have met The Florida Bar’s highest standards for special knowledge, skills, and proficiency in various areas of law, as well as professionalism and ethics in the practice of law. Board certification is Florida’s official, independent determination of a lawyer’s expertise to practice in a specialty field of law. It is the gold standard for Florida lawyers, representing a recognition by a lawyer’s peers that they have attained a level of professional expertise in their chosen fields. 

Richard Rosengarten focuses his practice on municipal and commercial appeals and litigation. He represents local governments in commercial disputes, land use, law enforcement, discrimination and torts. His civil litigation practice also includes private sector contract disputes, complex civil litigation, construction law and real property matters.

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One commentator said that Ed “is a very effective and skilled written and oral advocate.” Chambers also noted that Ed “is experienced across a wide variety of complex appeals and disputes, including IP matters, land use and zoning issues, election law, and medical malpractice claims.”

Chambers USA annually ranks the preeminence of law firms and lawyers across key practice areas throughout the country. The rankings are based on extensive research and thousands of interviews with practicing lawyers and clients. Individual rankings reflect qualities such as legal knowledge and experience, ability, effectiveness, and client service.

View the full guide here.

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The APS Fellowship is a prestigious opportunity designed to identify and nurture future leaders in appellate law. The Florida Bar’s Appellate Practice Section is known for advancing the quality and accessibility of appellate advocacy and offers fellows unique opportunities for professional growth and service.

As part of the program, Blayne will contribute to one of the Section’s official publications, participate in executive council meetings and DCA Judges Conferences, and handle a pro bono appellate matter under Third District Judge Kansas Gooden’s mentorship.

The post WSHC+B Attorney Blayne Yudis Selected as the Appellate Practice Section Fellow for the 2025-2026 term appeared first on Weiss Serota Helfman Cole + Bierman.

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This appointment reflects our firm’s ongoing commitment to supporting both for-profit and nonprofit developers, housing authorities, lenders, and CRAs. We’ve guided affordable housing projects through every stage, from acquisition and entitlements to financing and construction. Our firm has helped clients secure key incentives, including density bonuses, parking reductions, and impact fee waivers, while also playing a lead role in zoning code reform to shape policies that incentivize equitable and sustainable development.

Blayne represents public and private sector clients in litigation, with a focus on civil rights and torts, complex commercial disputes, constitutional challenges, and government-related defense.

The post WSHC+B Attorney Blayne Yudis Appointed to Miami-Dade Affordable Housing Advisory Board appeared first on Weiss Serota Helfman Cole + Bierman.

To enforce compliance, SB 180 empowers residents and businesses to bring civil actions against local governments to obtain declaratory and injunctive relief, along with recovery of attorneys’ fees and costs, if a local government fails to announce its intent to repeal such ordinance within 14 days of receiving written demand, and proceeds to repeal such ordinance within 30 days. 

Although the amendment appears to be limited in its impact and apply only to counties identified in Federal Disaster Declarations for Hurricanes Debby (DR-4806), Helene (DR-4828), and Milton (DR-4834), those declarations collectively cover every county and municipality in Florida.

SB 180 is currently pending presentation to the Governor. Local governments should immediately review all ordinances adopted since August 1, 2024, and assess whether any fall within the scope of this sweeping state preemption. If you have any questions, feel free to contact us to discuss: Jamie A. Cole (jcole@wsh-law.com); Susan Trevarthen (strevarthen@wsh-law.com); Chad S. Friedman (cfriedman@wsh-law.com); or Roger C. Pou (rpou@wsh-law.com).

The post Client Alert: Florida Legislature Retroactively Prohibits Any More Restrictive Regulations on Development from 2024 to 2027 and Beyond appeared first on Weiss Serota Helfman Cole + Bierman.

Key Provisions of the CHOICE Act

1. Presumption of Enforceability

The Act establishes a presumption that certain non-compete and garden leave agreements are enforceable and do not violate public policy, provided they meet specific criteria. Courts are required to issue injunctions enforcing covered agreements, shifting the burden of proof onto the former employee or poaching employer to establish certain narrow defenses. This marks a significant shift from existing law, which requires employers seeking enforcement to prove the existence of a legitimate business interest supporting the restrictive covenant, irreparable harm, and several other elements. The existing legal standard will continue to apply to agreements that are not covered by the CHOICE Act.

2. Covered Employees

The Act applies to employees or contractors who:

• Work primarily in Florida or for an employer with its principal place of business in Florida.
• Earn or are expected to earn a salary exceeding twice the annual mean wage of the relevant county.
• Are not classified as healthcare practitioners under Florida law.

3. Requirements for Presumptively Enforceable Agreements

Non-Compete Agreements will be presumed to be enforceable if:

1. The employee is informed in writing of their right to seek legal counsel before signing the agreement and is given at least seven days to review the agreement before signing.
2. The employee acknowledges in writing that they will receive confidential information or information about customer relationships during their employment.
3. The employee agrees not to assume a role with or for another business that provides services similar to those provided to the covered employer during the three years preceding the non-compete period, or in which it is reasonably likely that they would use confidential information or customer relationships.
4. The non-compete period does not exceed four years.
5. If the employee is granted a covered garden leave agreement, the non-compete period is reduced day-for-day by any non-working portion of the notice period.
6. It’s important to note that there are no restrictions on the geographic scope of a covered non-compete agreement. 

Similarly, Garden Leave Agreements are presumed enforceable if:

1. The employee is informed in writing of their right to seek legal counsel before signing the agreement and has at least seven days to review the agreement before signing.
2. The employee and employer agree to provide up to four years’ advance notice before terminating employment, which is known as the “notice period.”
3. During the notice period, the employer agrees to pay the employee their regular base salary and benefits.
4. The employee acknowledges in writing that they may receive confidential information or information about customer relationships during their employment.
5. The garden leave provisions provide that:

• After the first 90 days of the notice period, the covered employee is not required to provide services to the covered employer.
• During the remainder of the notice period, the covered employee may engage in nonwork activities, including during normal business hours.
• The covered employee may also work for another employer with the permission of the covered employer during the remainder of the notice period.

Action Steps for Employers

1. Review your existing agreements and assess whether they need modifications to align with the Act’s definition of a “covered” garden leave or non-compete agreement.
2. Restrictive covenants can still be enforced against employees earning less than twice the mean salary for the applicable county. However, employers won’t have a preliminary injunction without demonstrating a legitimate business interest and irreparable harm.
3. Review your company’s confidentiality protocols and ensure comprehensive, up-to-date, and legally compliant policies regarding trade secrets, customer information, and confidential information. While the CHOICE Act only requires employees to acknowledge access to confidential information, implementing additional guardrails enhances overall security.

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Pooja provides an overview of the order’s key provisions and discusses recent legal developments related to its enforcement. She also highlights important considerations for employers reviewing their current policies and compliance efforts.

Pooja works with public and private sector employers to analyze their compliance with labor and employment laws and to help mitigate potential future legal problems. She is experienced in representing employers in claims involving the ADA, ADEA, FMLA, FLSA, and other federal and state anti-discrimination laws.

Read more here: The Checkoff, April 2025

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