Editorial: Commercial Litigation in Florida

01 November 2007

High-profile clients to have sought the firm’s expertise include KMPG, Alliance Capital Management, Kmart and Microsoft. “Influential” Tallahassee practitioner Barry Richard is “a mover and shaker” with a back catalogue of “high-profile cases” such as his representation of George W Bush in the televised Bush-Gore litigation in 2000 – his expertise in government and election litigation were consistently praised by his peers. More recently, he led a team representing Alliance Capital Management Corp in a $3 billion action brought by the Florida Board of Administration. Other representative clients include Florida Department of Citrus, Progressive Insurance Company and Hard Rock Café. The following four practitioners hail from the Miami office: Hilarie Bass is the “excellent” national chair of the litigation department and is well known in the community for her “courtroom savvy” and for acting on cases such as the defence of Microsoft in a class action. She also represented Sportsline.com in a class action and Aetna in a class action against health insurers. “Leading litigator” David Ross also shone in the research. Ross has a broad practice, with clients such as State Farm, Progressive Insurance and Metromedia. Mark Schnapp and Holly Skolnick round off the representation, both now in private practice after stints in government. Skolnick previously served as a staff attorney in the public defender service (trial and appellate divisions). She was lead counsel in a successful challenge to Operation Polar Cap, a forfeiture action brought by the US Attorney’s Offices in Florida and Georgia. Mark Schnapp served for seven years at the US Attorney’s Office as chief of the criminal division. His knowledge of complex commercial matters is also “very highly regarded” – he recently defended a large Miami hospital in a seven-week trial involving defamation and breach of contract claims.

Kenny Nachwalter PA is a “highly successful boutique” with an office of 23 lawyers in Miami, specialising in complex commercial litigation; the firm possesses “some of the best in the state”, according to one respondent. Dubbed “a dean of the Florida bar”, named partner Michael Nachwalter drew plaudits, as did Richard Critchlow. Critchlow’s practice runs the gamut of business litigation, ranging from corporate to federal and insurance matters. His proficiency in securities litigation was also mentioned. Stanley Wakshlag is “very well regarded” in both contentious and non-contentious matters.

Squire Sanders & Dempsey LLP boasts two “esteemed litigators” with national and international profiles in this chapter. Recent cases include securing the dismissal of a breach of contract class action for two life insurance companies and obtaining a preliminary injunction on a contract claim to prevent a football team from leaving its city. Pedro Martinez-Fraga is a “prominent international player” and heads the international dispute resolution practice in Florida and Latin America. He has been involved in many notable cases, including acting as US counsel for the Republic of Chile in the case against Augusto Pinochet and he has also represented Argentina, Brazil and Spain. Ryan Reetz’s practice also contains an international element – he recently represented a video equipment manufacturer against a $20 million claim by an Argentine distributor over loss of contracts throughout Mercosur.

The oldest of Florida’s law firms, litigation boutique Bedell Dittmar DeVault Pillans & Coxe PA in Jacksonville is known for the “exceptional standard” of its commercial litigation practice. The firm’s clients include Florida Rock Industries, Cedar Bay Generating Co and Florida Power & Light Co. John DeVault is “a litigator through and through”, recommended for his “intelligent approach to complex cases”. Henry Coxe has a “great reputation” in the community and is immediate past president of the Florida Bar.

Carlton Fields PA offers a broad spectrum of litigation disciplines. Clients include Wachovia, Progress Energy Service Company, Ford and Bell Sports. Chair of the firm’s board of directors, Benjamine Reid has been involved with many decisive trials in the state – for example, he has represented South Florida Water Management District in litigation for over ten years. He represents major pharmaceutical, insurance, banking and software companies, to name but a few and has worked on many class actions. Edward Gerecke is “an insightful litigator” who impressed respondents to the survey with his representation of health care and pharmaceutical companies.

With a “notable international practice”, Astigarraga Davis is a Miami-based commercial litigation firm representing primarily multinationals and financial institutions from Canada, the US, Latin America and Mexico. José Astigarraga is a “spectacular practitioner” with a “truly international practice” who was vociferously praised by peers. Especially noted for undertaking litigation in the bankruptcy and creditors’ rights areas, he has served as a consultant to the World Bank and is vice president of the National Law Center for InterAmerican Free Trade. His clients include major multinational companies, banks, government-owned companies and Latin American enterprises. He is also a respected neutral and is mentioned in the arbitration chapter.

Holland & Knight LLP is “a Florida institution” with a solid network that facilitates multi-jurisdictional work and complex, large cases and expertise across a broad area of disciplines. Clients range from government entities to regional companies and large multinationals. Robert Feagin is a “very able practitioner” in the Tallahassee office.

Avila Rodriguez Hernandez Mena & Ferri is a new firm based in Coral Gables made up of six former Holland & Knight LLP partners. Former chair of Holland & Knight’s litigation and arbitration practice Wilfredo Rodriguez is a “fine litigator” dealing with domestic and international litigation and arbitration.

A full-service firm with offices worldwide, Hogan & Hartson LLP “commands respect” in the Florida litigation community. The firm represents government entities such as the State of Florida and the Florida Department of Environmental Protection, as well as universities, TV companies and food producers. Daniel González is the “first-rate” co-director of the international litigation and arbitration practice, and undertakes cases in the US, Latin America and Europe. Peers told us that his “top-notch financial background” ensures that he has in-depth knowledge of litigation in this area. He is often appointed lead trial counsel in complex multi-jurisdictional disputes.

At Colson Hicks Eidson, a Florida litigation boutique, Ervin Gonzalez was deemed “top-flight”. The firm’s caseload includes complex litigation in the insurance, real estate and corporate arenas and Colson Hicks Eidson’s expertise in construction litigation was especially well received.

Podhurst Orseck PA is dedicated to trial and appellate litigation serving clients ranging from start-ups to Fortune 500 companies, such as Florida East Coast Properties, Flagler Development Group and Codina Development. The group recently obtained a multi million-dollar verdict for an independent insurance agent in a case of wrongful termination of its exclusive agency relationship. Robert Josefsberg is an “excellent practitioner” who also contributes much on the lecture circuit.

Hill Ward & Henderson PA is a Tampa stalwart with a 40-strong litigation department and high-profile clients such as All Children’s Hospital and DaimlerChrysler. “A dean of the bar”, Benjamin Hill is one of the firm’s founding partners and heads the litigation group. He is renowned for “great results” in bet-the-company litigation, among other areas.

Hunton & Williams LLP rounds off this listing of top litigation lawyers. A large national player, the firm possesses a litigation department of over 300 attorneys. In Florida it has defended companies such as Bacardi, Eli Lilly, Pfizer and SunTrust Bank. Marty Steinberg is the “stunningly talented” litigator at the head of the Miami office. Among his recent cases, he has defended an international beverage manufacturer in a class action liability case.

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