Benchmark Litigation

Florida

Review

Dispute resolution
Akerman

Akerman has a largely unmatched vigor in the Southeast with a vast network throughout Florida, while also maintaining its expansion throughout other regions in hotspots such as New York, Illinois, and California. The firm is routinely commended by clients, specifically pointing out its strengths in communication and advice. One praises the way the team “communicates with their clients” and further comments, “Overall, I was very happy.” Another client using the firm’s banking and financial services expertise had several positive points to share. “[They have] great communication and follow-up on matters, a balanced approach to litigation and workout matters, reasonable hours and billing, and all-around excellent service,” says the client. In the commercial litigation space, one says, “Akerman offers excellent advice and options.”

     Jacksonville’s Christian George brings his expertise in bankruptcy and commercial litigation to clients, who have expressed their appreciation for his leadership. A client who has tapped George for bankruptcy, commercial and banking disputes notes that he “understands our model and approach to working out matters and litigation.” The same client commends George’s “excellent communication and follow-up, balanced approach... and good rapport with [the executive management] of our bank.” He is described as having a “great personality” that is equally deserving of recognition. George served as lead counsel defending South State Bank, one of the largest in the state, in a lawsuit asserting numerous claims filed by an individual who was a signatory to a home equity line of credit – she alleged that the bank engaged in misconduct by drawing on the credit to satisfy another co-defendant bank’s demand for funds pertaining to disputed checks. The team delivered a swift victory for the client by taking an aggressive and efficient strategy. George’s team filed a motion for sanctions to which the plaintiff responded by dismissing her FDUTPA claim. Following that success, the team obtained a summary judgment as to the remaining claims, which was affirmed on appeal. 

     The Miami office features esteemed commercial litigator and co-chair of the distressed property practice Robert Chaskes. Clients seek him out for his expertise in complex business litigation. One reflects, “[He has] superb legal knowledge and [a] pragmatic approach to domestic and international business disputes.” Chaskes is described as having “excellent communication skills” and as being a “top-notch legal professional.” Chaskes was successful in defending Amicorp in a case that involved the contentious doctrine of “conspiracy jurisdiction” to assert personal jurisdiction in Florida. The plaintiffs were not Florida residents but sought to assert jurisdiction in Florida to recover more than $40 million in losses as a result of a Ponzi scheme orchestrated by Florida residents. Amicorp was the entity that provided corporate and trust services and was alleged to have issued fraudulent securities purchased by the plaintiffs. All securities and issuers were foreign entities and sold to foreign investors. Chaskes successfully argued that the plaintiffs did not provide a sufficient basis to exercise personal jurisdiction pertaining to the tortuous activity allegations under either the state’s statute or the US Constitution. The Third Circuit affirmed the ruling, further clarifying the use of the doctrine of conspiracy jurisdiction. 

     Fellow Miami-based partner Gerald Cope was co-lead lawyer handling an appeal to the Fifth Circuit for Massage Envy. The issue at the appellate court pertained to the client’s “Terms of Use Agreement” that bound the appellee/plaintiff to arbitration. The Fifth Circuit agreed with Cope’s arguments – namely, that there is a distinction between a Browsewrap Agreement and a Clickwrap Agreement, asserting that, as in this case, it requires an affirmative act acknowledging the terms. Michael Marsh also hails from the Miami office. He specializes in commercial litigation, including disputes related to insurance. Marsh represents Allstate Insurance Company in a COVID-related business interruption lawsuit alleging that the insurance company denied claims for coverage. In a federal court in California, Marsh obtained a dismissal of three claims and another three were granted leave to amend. 

     The Tallahassee office features appellate authority Kristen Fiore, who has extensive experience throughout various courts of appeals nationwide. She led the charge on behalf of CVP Community Center in a challenge to an award of attorney’s fees to McCormick 105. The appeal arises from a lawsuit filed by McCormick, claiming that it was entitled to the fees and costs pursuant to the governing condominium documents, reciprocal fee provisions of the Florida statutes. Fiore successfully persuaded the Fourth Circuit court to reverse the district court’s order and awarded the client appellate attorneys’ fees. The Orlando office is where litigator Megan Costa DeLeon is based. Her focus is largely on commercial disputes; however, she serves as lead counsel in a product liability case defending ProAmpac against a lawsuit filed by RCBA Nutraceuticals d/b/a Ronnie Coleman Signature Series. The trial court allowed the plaintiff to file a third amended complaint, which added the client as a co-defendant based on its acquisition of PolyFirst Packaging – which manufactured the allegedly defective packaging. Costa DeLeon appealed to the Fifth Circuit, which published an opinion agreeing with her arguments that the plaintiff failed to establish personal jurisdiction, and her motion to dismiss was reversed and remanded for further proceedings. 

     Mark Bernstein resolves commercial conflicts and lawsuits, predominantly on behalf of clients in the financial and manufacturing industries, among others. His industry and practice area expertise are praised by clients. “Mark is always very timely and provides great insight into construction contracting,” says a client who sought out Bernstein for his commercial expertise. “Mark has an excellent understanding of our business from both a commercial and operational perspective.” 

Boies Schiller Flexner

Although established in New York, where its reputation first grew with founding trial lawyer David Boies leading the charge, Boies Schiller Flexner has also maintained a significant presence in the Florida market. Its Fort Lauderdale office, specifically, has been successful in litigation, with stand-out lawyers in the market both locally and nationally. 

     A regular contender on the Top 250 Women in Litigation list, Sigrid McCawley is highly regarded for her trial acumen and leadership at the firm. McCawley is best known for her recent work representing victims of Jeffrey Epstein and Ghislaine Maxwell. She has handled a series of matters, representing victims in criminal prosecutions and civil litigation. In the recent case against Prince Andrew, McCawley defeated motions to dismiss, and secured a significantly favorable settlement before his deposition that included a substantial donation to the client’s charity for sex trafficking victims and a statement vindicating the plaintiff. She will also be leading at trial in cases against prominent banks JP Morgan & Chase and Deutsche Bank. In addition to her criminal and civil actions, McCawley has handled an international arbitration on behalf of Trividia Health. The matter was before the International Chamber of Commerce, which issued a final award in favor of the Trividia in its contractual dispute against Nipro Corporation. The award was secured by the district court. 

     Another one of the firm’s Fort Lauderdale leading attorneys is Stuart Singer who has received praise from the market this year. “Stuart Singer is an excellent attorney,” asserts one peer of the Miami scene. Singer is a multidisciplined litigator, as exemplified in his practice this year – which has included antitrust, commercial and appellate work. Singer was co-lead lawyer representing NextEra in a challenge to Texas Senate Bill 1938, a commerce bill that gave transmission companies the exclusive right to build new lines. The case went to the Fifth Circuit which ruled in favor of NextEra, disagreeing with the Eighth Circuit, which had upheld a similar law. The Supreme Court asked the Solicitor General to address the case. Singer is actively preparing for trial in a real estate antitrust case alleging anticompetitive tactics in violation of Section 1. He represents REX Real Estate Exchange in its lawsuit against Zillow Group and the National Association of Realtors. The case goes to trial in September 2023. 

Hunton Andrews Kurth

Recognized in jurisdictions around the country for its overall talent in litigation, Hunton Andrews Kurth is praised for its ability to provide clients with exceptional service across a litany of practice areas. Clients make note of the variety of issues for which they turn to the firm: “Class actions, regulatory advice, cybersecurity litigation, and arbitration.” One additionally shares, “Hunton Andrews Kurth has provided a variety of legal services to us recently. Hunton has provided advice and counsel on commercial contracts, litigation, class action litigation, employment issues and franchising.” In the same vein, the client comments on the firm’s service, adding, “Hunton brings a level of service that is above and beyond what we experience with other firms. They understand the client and provide counsel in a timely manner.”

     Hunton’s range of excellence across practice areas is equal to its bench strength spanning a strategic network of offices. In the southeast, Sam Dannon is recognized by peers in the Miami market. “Sam Dannon is a great lawyer,” one comments. “He’s excellent. He did a great job with the grass fertilizer cases. I think if you’re talking about individuals – Sam has a big name. It’s a well-deserved name.” Richmond-based litigator Elbert Lin receives the same recognition with a praising mention: “Elbert Lin – He's the man!” Lin serves as lead defense counsel to automobile parts manufacturers and distributors facing enforcement proceedings from the Environmental Protection Agency and the California Air Resources Board. The companies also selected Lin and the team to represent them before the DC Circuit Court of Appeals. Lin seeks to challenge the EPA’s reinterpretation of the Clean Air Act, alleging it was illegal and acted without following proper rulemaking procedures pursuant to the act. The lower court had found in Lin’s favor, allowing the clients to challenge the interpretation in each enforcement action. Fellow Richmond partner Ali Cunningham makes her debut as a Litigation Star this year, covering the mass tort, product liability and environmental litigation and serving as the co-head of the firm’s litigation group. She is the lead lawyer representing French subsidiary of Alfa Laval, Alfa Laval Packinox, in an International Chamber of Commerce arbitration commenced by Drivetrain, serving as the litigation trustee for the bankrupt subsidiaries of a now-defunct infrastructure and energy company, Abengoa. Cunningham and the Hunton team were sought out as lead counsel after Drivetrain increased its damages request substantially. In response and as newly appointed counsel, Cunningham overhauled the defense strategy and resolved the case successfully and on terms favorable to the client.

     Richmond’s George “Trey” Sibley’s practice emphasizes matters of environmental permitting, while in D.C., environmental practice head Deidre Duncan focuses on disputes related to compliance in addition to permitting. The two are often active in these regards on high-stakes proceedings with the potential to markedly reshape the landscape of EPA regulation. Recently, Sibley and Duncan were before the Ninth Circuit in a matter challenging the scope of the court’s discretion to vacate federal agency action. The District of Columbia office also features Torsten Kracht whose commercial practice has involved class actions and arbitrations nationwide. One of Kracht’s clients voices their deep appreciation for his representation, client relationship, as well as his disposition. “Torsten listens first and provides counsel second,” the client reflects. “He is a consummate professional who is client focused and results driven. I have worked with hundreds of attorneys over the course of my in-house career and have not met another attorney that rises to his level.”

     In Texas, Houston’s Kelly Sandill is an active, multidisciplined litigator with a history of casework ranging from government relations to First Amendment. Sandill has been lead counsel to the Houston Police Officer Union in its challenge to voter-approved city charter amendment, Proposition B, which tied firefighter pay to policy pay. She led an all-female trial team that initiated the underlying challenge in 2018, and after years of litigation, months of briefing, oral arguments and post-submission filings, the Texas Supreme Court reinstated the team’s trial win. Not only did the Supreme Court find in favor of the HPOU, affirming the client’s right to collectively bargain for its members and ensure it remains a competitive police force, the high court’s opinion is likely to become authoritative on preemption in Texas.

     Making a first appearance as a Litigation Star this year, New York partner Shawn Regan has an industry-focused approach, handling all practice areas touching on issues related to the financial, energy, and consumer-retail sectors. He received a shout out from a peer who worked with him on a national case. Los Angeles-based partner Ann Marie Mortimer is the head of commercial litigation at the firm and stands at the forefront of cybersecurity litigation. Her talent is noted by clients who commend her work. One of whom shares, “Ann Marie is great at client communication and shows creativity in her legal arguments.” Spearheading cybersecurity cases as a thought-leader and litigator, Mortimer has maintained an exceptionally active practice over the last year involving technology-breach, California Consumer Privacy Act violations, and a variety of multidistrict litigation cases. Mortimer obtained dismissal for Bath & Body Works facing a CCPA class action alleging violations although the named retailers were not involved in a data breach. She is also lead counsel for Meta Platforms, handling a multitude of cases across jurisdictions in an effort to curb abusive users and hold them accountable as the company has come under scrutiny over its responsibilities. Mortimer has secured a series of wins over the last year, including motions to dismiss counterclaims and affirmative defenses brought by the defendant in a case. In the cybersecurity space, Mortimer thwarted a putative data breach class action with a success motion to dismiss in favor of OneMain Holdings and OneMain Financial Group after it announced that a vendor shared reports of credit card transactions which contained privileged information.