Gary C Rosen

/Home/Business Attorneys: Ft. Lauderdale FL

Civil and Commercial Litigation

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.

Asset Based Lending & Lender Liability
The Firm has extensive and diversified experience in various aspects of lender representation and commercial litigation, including lender liability claims, loan workouts and restructuring, all types of asset-based lending transactions (including securities and real estate), as well as foreclosures and bankruptcies. Our attorneys represent lenders throughout the state of Florida in litigation, workout situations and other litigation alternatives under both state and federal law. Additionally, our attorneys also represent lending institutions in defending lender liability claims under state and federal law, such as claims asserted for breach of fiduciary duty, breach of implied obligations of good faith and fair dealing, and violations of federal environmental laws and federal securities laws. The attorneys in the Complex Commercial Litigation Group, in their representation of lenders and financial institutions, frequently work together with attorneys in other practice areas of the Firm, such the Bankruptcy and Financial Restructuring, Tax, Corporate Securities, Construction Litigation and Real Estate to serve all facets of their clients' representation needs.

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.

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.

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.

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.

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.

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

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.

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.

Business Litigation Certified Attorney - Florida Bar

Gary C Rosen
Becker & Poliakoff PA
3111 Stirling Rd
Fort Lauderdale FL 33310-9057
Tel: 954 985-4133
Fax: 954 985-4176
E-mail: grosen@becker-poliakoff.com

Practice Group
* Commercial Litigation
* Intellectual Property
* Appellate Law

Areas of Emphasis
* Business Litigation
* Construction Litigation
* Intellectual Property Rights
* Non-Compete Agreements

Mr. Rosen is a Board Certified Business Litigation attorney and chairs the Firm's statewide litigation practice. He has undertaken complex litigation on behalf of county and city governments, developers, builders, corporations, condominium associations, financial institutions and physicians. He has extensive trial experience in the areas of business litigation, construction claims, defects and delays, in which he has obtained several multimillion dollar jury verdicts, judgments and settlements in favor of claimants in construction deficiency cases. In addition, Mr. Rosen represents national corporate clients in the protection of intellectual property rights through civil prosecution of trademark and copyright infringement.