Becker attorneys offer a unique approach to this practice area, providing clients with access to legal know-how and experience in understanding how government impacts the child care industry.  In addition, Becker has significant experience in other complimentary practice areas such as corporate, real estate, employment, and general business litigation to assist our clients.

Clients benefit from a team of experienced and highly successful attorneys with a proven track record in challenging health and safety violations.  Becker understands the financial implications that a health and safety violation can have when carrying the state’s Gold Seal designation, contracting for school readiness, or voluntary pre-kindergarten (VPK) services.  We stand ready to assist you.

As a client, you receive the following benefits:

• Consultation for any pending or anticipated violations
• Risk management tips on how to avoid violations
• Thought leadership on child care best practices
• Courses for in-service hours on health and safety standards
• Updates on pending legislation that could impact your business
• Monitoring and updates on pending rules that impact your business
• Lobbying services in Tallahassee as directed by the Child Care Practice Group Advisory Council
• Potential discounts on hourly rates when challenging health and safety violations or other legal matters that impact your business

Ellyn Bogdanoff and Mark Stempler serve as co-leaders of Becker’s Early Learning Advisory Services Practice. With over 30 years of experience in the education field, Ellyn first served as a political activist, state representative, state senator, and lobbyist, and then as the executive director, general counsel, and lead lobbyist for a statewide association of child care centers.  Her experience is unparalleled and she brings a wealth of knowledge in a complex field that must navigate numerous laws and rules of various government agencies and jurisdictions.

As a seasoned litigator, Mark has an impressive track record when challenging government agencies.  Not only has he won multimillion dollar awards for his large corporate clients, he has also successfully challenged numerous health and safety violations for the owners of child care centers throughout Florida.

Representing some of the nation’s largest and most respected title insurance companies, Becker is adept at efficiently and effectively resolving our client’s most complex title disputes.

Becker attorneys defend title insurance companies, their agents, and their insureds in all aspects of title claim issues including mortgage fraud, lien and mortgage priority disputes, bad faith claims, bankruptcy proceedings, and title agent due diligence. Additionally, attorneys routinely counsel clients on matters involving the interpretation of insurance policies and various other coverage issues.

Our Title Insurance Defense practice is complimented by our diverse team of real estate transactional, financial services, and litigation attorneys, as well as by the firm’s affiliated title company, Association Title Services (ATS).

Attuned to the intricacies of the financial industry and the numerous legal risks lenders face, Becker attorneys are experienced in structuring complex transactions and enforcing the rights of our financial services clients in state and federal courts.

Representing some of the most respected financial institutions, non-regulated lenders, and hedge funds, Becker attorneys handle a diverse array of transactions including asset-based lending, commercial finance, real estate secured transactions, and leasing transactions. In addition, our creditors rights lawyers represent clients in litigation and negotiations ranging from loan workouts, receiverships, foreclosures, uniform commercial code litigation, regulatory enforcement actions, defense of lender liability actions, title insurance disputes, and other actions regarding disposition of collateral.

Thought leaders in the financial services industry, Becker attorneys serve in leadership positions, are active in, and are frequently called upon to speak to industry trade groups and legal organizations such as the Secured Finance Network, the American College of Commercial Finance Attorneys, New York Institute of Credit, Turnaround Management Association, International Factoring Association (Northeast and Southeast Chapters), and the Risk Management Association, among others.

Representative Experience:

• Representation of lender in an approximately $20 million asset based loan to a supplier of complex metal components and products serving the aerospace, power, and general industrial markets. Led the negotiation of a sale of several subsidiaries of the borrower and coordination of a stock purchase where the purchase price was allocated to pay down the asset based loan in part and also toward several negotiated expenses relating to the sale.
• Representation of lender in a $17 million asset based loan and $6 million industrial development bond mortgage loan to a manufacturer of food service equipment and supplies. Led negotiations involved retiring of industrial development facility, restructure of asset based loan and cross collateralization with real estate loan.
• Representation of lender in a $13 million asset based loan to a public company and leader in the beverage category. Led negotiations with multiple warehouses involving warehouse liens and intercreditor agreements with private hedge fund which had advanced $17 million in mezzanine debt.
• Representation of major commercial bank in a multimillion defaulted loan where borrower was a tenant of a large complex which itself was undergoing a restructure and where the owner/landlord needed tenant’s obligation to be resolved satisfactorily in order to induce its lender to restructure its loan.
• Representation of finance company as lender in an ongoing asset based facility, amended ten times to a construction material provider. The tenth amendment involved negotiations with a public company guarantor for its acquisition of privately-held subsidiary which had previously advanced funds to the borrower.

Trustees and other fiduciaries often face litigation by beneficiaries and others who allege breach of fiduciary duty. Becker represents corporate, institutional, and individual clients in disputes related to wills, trusts, estates, and fiduciary issues. We also have experience representing fiduciaries, including banks and trust companies in their trust disputes.

We have a comprehensive understanding of how fiduciary disputes emerge having represented clients in all types of trust and estate litigation, breaches of fiduciary duty, including improper asset management, self-dealing, conflicts of interest, improper administration and distributions, reformation of instruments, and removal of fiduciaries, contests on the grounds of undue influence, lack of capacity, fraud, duress, and forgery.

Over the last decade, the risks associated with privacy and data security have grown significantly. In response to these ever-growing challenges the U.S. and international privacy and data protection standards have grown complex.

Becker provides its clients with the practical advice necessary to navigate cybersecurity and data security issues. The team handles litigation, compliance and regulatory counseling and internal investigations. Our lawyers have experience assisting companies in ensuring that their data collection and processing practices, data transfer procedures, privacy policies, and marketing activities are compliant with the relevant domestic, international, privacy, and data security regulations and laws. We work with our clients to provide comprehensive advice and representation in all areas related to cybersecurity, data privacy and data security. We have a wealth of experience assisting in data and breach-related issues, data protection, information security, Internet and computer law, e-commerce, consumer protection, information management and records retention and responding to cybercrimes and network intrusions.

Areas of Focus

• Cybersecurity Preparedness and Governance
• Incident Response and Crisis Management
• Regulatory Enforcement and Counseling
• Data Protection and Data Privacy
• Privacy-Related Class Action and Other Litigation

Becker Maritime attorneys have experience assisting clients in resolving all aspects of maritime disputes, including matters involving collision, personal injury, cargo loss, workers’ compensation, maritime commercial disputes and insurance coverage relating to inland marine vessels, oceangoing vessels, and passenger vessels. Our attorneys also have experience regarding the application of the Jones Act to offshore projects, cargo, passenger, and vessel movements.

As skilled litigators who understand the unique challenges confronting the maritime industry, we regularly handle complex and multijurisdictional litigation and have substantial experience defending civil, and administrative enforcement actions. Due to the nature of when and where clients’ needs arise, attorneys in this practice are on call 24 hours and travel to distant and sometimes remote locations. We work with clients to understand their objectives and always seek to resolve disputes as expeditiously as possible.

Areas of Focus

• Arrests and attachments
• Cargo Claims
• Vessel Construction/Shipbuilding Disputes
• Commercial Disputes
• Jones Act Coastwise Trade Issues
• Maritime Personal-Injury Claims
• Charter Party and Contract Disputes
• Insurance Coverage and Subrogation Matters
• Defense of Civil and Administrative Actions
• Mediation and Alternative Dispute Resolution

Content coming soon!

The Becker Federal Lobbying team includes Washington, D.C. insiders and Capitol Hill veterans. The team is highly regarded by Members of Congress and executive and committee staff members as effective advocates for their clients’ interests. Our lobbying team is politically diverse, which enables the members of our team to work successfully on both sides of the aisle. Because of their collective years of experience on Capitol Hill, they are skilled in identifying federal funding, programs, and services of critical interest to clients.

The team has pursued effective federal relations agendas to their successful conclusion, bringing in federal monies for projects of significant regional and national importance. These successes are the result of the close professional working relationships we have developed with key elected officials, congressional leaders, and members on the House and Senate Appropriations Committees. Furthermore, our years of congressional experience has resulted in long-standing professional relationships with staff members of many committees in the House and the Senate, which we are able to use to the benefit of our clients.

In addition, members of Becker’s local and state government practices have worked closely with House and Senate leaders, many of whom began their career in local and state government. The Federal lobbying team has extensive experience in issues relating to federal appropriations, heath care, higher education, homeland security, defense, taxation, alternative energy, local government issues, and international trade.

We differentiate ourselves by employing a creative approach that we call Brand Lobbying™. Instead of practicing emergency lobbying, or lobbying directed at a specific and oftentimes urgent issue, we seek to create long-term relationships between our clients and our target audience. We spend the majority of our time listening and educating so that when it is decision time for legislators there is seldom a need for a hard-sell – our clients are already top of mind.

Redirect

After your property is damaged by a hurricane or other disaster, you naturally expect your insurance company to quickly investigate your claim and fairly pay your loss. Unfortunately, many policy holders have learned that insurance companies often undervalue, delay, or deny payment. We have represented policy holders in a wide range of insurance disputes including coverage disputes and bad faith claims. Becker attorneys have significant experience assisting Florida property owners in their fight with their insurance carrier and have successfully resolved hundreds of claims totaling millions of dollars.

Becker will help you maximize your recovery.

 

In addition to our in-house legal services, Becker owns and operates Association Adjusting, a licensed and insured public adjusting firm led by Joseph “Joe Connelly (#E157037). Mr. Connelly has served as Executive Board Officer for the Florida Association of Public Adjusters (FAPIA).Recognized as an authority in the community association industry, Association Adjusting has the expertise and experience to help community associations achieve the most favorable outcome possible. Our team of public adjusters, led by Mr. Connelly, provides clients with only the highest level of professionalism and excellence – whether you’re dealing with a claim that stems from hurricane damage, water damage, theft, fire, mold, roof leak, or any other type of calamity, our singular goal is to ensure your interests are always protected.For more information visit http://www.associationadjusting.com.

Hurricane Preparedness and Recovery Guide

 

The state of Florida is no stranger to hurricanes and other natural disasters. Living in paradise doesn’t come without some risks associated with Mother Nature. The question is never just if our communities, homes and families will be impacted by a windstorm event, but when they will, and how we will prepare for and recover from that event.

Disaster Preparedness & Recovery: Are You Ready to Weather the Storm? – Online Class

 

Is your community prepared in the event that a hurricane strikes through your city? In this special course we will go over practical tips for developing and implementing a disaster recovery plan for your community…

Watch Now.

Anatomy of a Water Leak – Online Class

 

Water leaks are a major concern to association boards and unit owners alike. Come join our attorneys as they guide your association through the process of handling a water leak from detection through repair, insurance coverage and reconstruction responsibility, and potential liability claims….

Watch Now.

The Gap Customer Arbitration Plan (“GCAP”) provides legal defense for Broker/Dealers (the “Firm”) and their Registered Representatives for customer arbitrations arising out of transactions and services provided by the Firm during the coverage period. GCAP is designed to supplement the Firm’s errors and omission policy (“E&O”) and provide coverage for the deductible portion of E&O claims for a flat monthly fee, and continued representation under the E&O policy on an hourly basis once the deductible is exceeded on any individual matter.

Basic Services

1. The review and consultation with principals of the Firm on reasonable times and frequency of any customer complaint or threatened arbitration.
2. Provided the Firm has complied with its obligations set forth above, Becker will provide legal defense representation of Representatives on any Customer Arbitration during the Coverage Period, up to the amount of the E&O deductible determined by using the rates established in the retainer agreement.
3. The engagement of local counsel for a Customer Arbitration when in the judgment of Becker such engagement is necessary for the proper defense of the Customer Arbitration or required by local law.

Obligations of the Client

1. Provide notice to Becker and the E&O carrier within five business days of receipt of any customer complaint or Customer Arbitration.
2. Maintain E&O coverage during all times this retainer is in effect and timely furnish to Becker any and all notices sent to or received from the E&O carrier.
3. Cooperate in the defense of all Customer Arbitrations and provide timely response to all discovery, investigatory and other requests for documents and information.
4. Payment of the monthly retainer fee on the first of every month until this retainer is terminated.
5. Provided timely substitution of counsel upon termination of this retainer.

For more information on Becker’s GCAP Broker/Dealer services, please contact Robert Rabinowitz at rrabinowitz@beckerlawyers.com .

We help draft legislation and work closely with legislators and members of the executive branch to improve the laws that impact community associations in Florida. CALL provides clients with opportunities to have their voices heard in the legislative process.

Our tax group advises, structures and negotiates a wide variety of corporate transactions on behalf of our clients. These transactions include representing both public and private companies as either acquirers or targets in tax-free reorganizations and stock and asset purchases. We advise on divestitures and restructurings such as recapitalizations, liquidations and spin-offs. We also represent domestic and foreign sellers and financial and strategic purchasers in connection with the federal income tax aspects of taxable and tax-free merger, acquisition and reorganization transactions, in addition to tax planning utilizing partnerships, limited liability companies and joint ventures.

Services include:

• Tax planning for individuals in connection with business and personal transactions;
• Structuring partnerships, limited liability companies, joint ventures, business trusts and other domestic and international business entities;
• Structuring domestic and cross-border mergers, acquisitions, divestitures, and restructuring transactions;
• Advising clients regarding tax issues involved with public offerings and private placements of equity, debt and hybrid securities;
• Advising clients concerning state and local tax issues;
• Representing taxpayers in tax examinations, protests before the Internal Revenue Service Appeals Office and in litigation before every federal court.

Becker attorneys have been litigating securities arbitrations for over 25 years. We represent broker-dealers, registered representatives, investment advisors, and individual and institutional investors before FINRA. We are familiar with all aspects of the process including the business, professional and personal effect on industry professionals of the commencement of the proceeding. Resolutions of these claims can be simple or extremely complex and our experience makes us uniquely qualified to provide representation in these matters.

Reverse acquisitions are an alternative means for a private company to go public. In a reverse acquisition, a private company acquires a controlling interest of a public company, usually a shell company with no operations, in exchange for the private company’s business. Upon the closing, the principals of the former private company assume control and management of the combined entity, which will be a publicly traded corporation. These acquisitions require careful and thorough due diligence and proper guidance of the transition from a private company to the regulatory environment of a public company.

Becker attorneys have years of experience in these transactions and can be relied upon to counsel all aspects of the transaction. We analyze whether the transaction is appropriate for our client, assist in the negotiation of the terms and draft and review all necessary documentation.

Becker represents small- to mid-sized fund sponsors and investment management firms in matters ranging from formation and development to management and operation of their businesses. We assist in product design, tax planning, regulatory compliance, trading issues and all aspects of operation.

Our services include:

• Selection of the appropriate legal structure and domicile for the fund;
• Structuring of fund performance-based compensation arrangements;
• Development of offering memoranda, partnership and operating agreements, subscription documents, compliance manuals, review of sales materials and negotiations with seed or other key investors;
• Preparation and negotiation of service provider agreements, including advisory, prime brokerage, administration, custodial, and placement agent agreements;
• Compliance with federal, state and non-U.S. laws and regulations;
• Preparation of partnership and operating agreements;
• Advice on registration with the state securities commissions and exemptions from registration requirements;
• Compliance with anti-money laundering requirements;
• Advice on trademark and other intellectual property issues

We represent executives and corporations in the negotiation, drafting and enforcement of executive employment agreements. Our clients are corporations and business executives that require employment contracts to delineate the principal terms of the employment relationship including compensation, duties and responsibilities, and severance and non-compete obligations upon termination.

Our approach to these agreements starts with developing an intimate knowledge of the client’s business and intentions and advising on the appropriate terms of the agreement and standards in their industry. We know that a precisely drafted agreement will not only promote a stronger working relationship but will also avoid needless litigation upon termination. These services include:

• Negotiation and development of the principle employment terms
• Drafting and negotiation of employment agreements
• Creating employee stock option plans, phantom stock ownership plans and option agreements
• Non-compete and confidentiality agreements
• Severance agreements
• Termination agreements
• Mediation and arbitration of employment disputes

The Sarbanes-Oxley Act of 2002 imposed significant corporate governance requirements on public companies and obligates boards of director to corporate executives, and the board members themselves, are complying with these responsibilities. We have been guiding public companies in their corporate governance responsibilities for over 30 years and have worked with our clients to develop workable corporate governance principles and charters. We attend all board and committee meetings of our clients and guide them in the proper discharge of their corporate and fiduciary responsibilities.

Becker attorneys perform independent counsel investigations for a wide array of corporate issues including whistleblower complaints, employee discrimination and harassment claims and worksite disputes. We provide confidential advice to our clients and help resolve claims cost effectively.

The Employment Law practice team at Becker offers our clients a full range of employment law services that affect employers and employees, including:

• Title VII litigation and related claims under Florida Civil Rights Act
• Sexual harassment claims
• Personnel policy handbooks
• Employment law-related counseling
• Review of disciplinary procedures
• Best Practices regarding hiring and terminating employees
• Representation in EEOC, DOL, OSHA and other federal agency investigations
• Fair Labor Standards Act compliance
• Retaliation and other whistleblower claims
• Non-compete agreements
• Employment contracts
• Employer representation
• ADA compliance discrimination
• FMLA compliance
• Management/staff seminars on employment issues

Our Employment Law practice area represents clients in litigation matters involving claims of gender, race, national origin, age and disability discrimination, sexual harassment and other areas.

Our Employment Law attorneys also prepare employment agreements, employment policy handbooks and manuals, non-compete agreements, and provide employment law counseling, including issues involving the Americans with Disabilities Act, Family Medical Leave Act and other federal and state employment laws.

Every business must comply with the various federal and state wage and hour laws. Our in-depth experience with the Fair Labor Standards Act (FLSA) and other federal and state employment laws translates into practical advice on how to achieve compliance while meeting your business objectives. We:

• Review wage and hour compliance matters under the FLSA
• Educate and train managers and supervisors regarding the legal requirements of the nation’s wage and hour laws
• Provide advice during compliance audits and represent clients in enforcement proceedings
• Handle complex investigations and collective action litigation brought under the FLSA

We also provide representation and legal services for:

• Employment discrimination complaints filed with the EEOC or Florida Commission on Human Relations
• Employment law counseling, including hiring and termination issues
• Employment law seminars for management and staff
• Assessment of a company’s risk of an employment-related lawsuit, including:
  • Human resources data review
  • Pay equity analysis
  • Promotion and termination analysis
  • Training and evaluation systems analysis
  • Anti-harassment and diversity training
  • Initial workforce statistical analysis
  • Advice on diversity “best practices”
• Managing and defending employment-related claims and actions, including:
  • Case assessment, development, and administration
  • Initial investigation and document collection
  • Application of technology to efficient and effective document management
  • Selection of expert witnesses
  • Management of the discovery process
  • Public relations and crisis management
  • Trial and appeal

Becker attorneys have experience in dealing with virtually every type of employment issue. We partner with our clients to achieve a competitive edge in the full range of employment and personnel law issues that affect your “bottom line.”

We outsource in-house counsel services. For smaller companies, this is a cost-effective alternative to employing a full time in-house counsel, and for larger companies our services avoid the need to expand an existing corporate law department.

We mirror the relationship of full-time, in-house corporate staff. We are available for general questions, attend all board, shareholder and committee meetings and advise on the general day-to- day legal issues that affect ongoing operations. These services are structured to provide high availability and cost certainty. They include:

• Assistance in complying with all recurring reporting obligations under the Securities Exchange Act of 1934, including annual reports on Form 10-K, quarterly reports on Form 10-Q, 8-K obligations and other compliance advice;
• Disclosure of material developments;
• Preparation of proxy statement and assistance in the preparation of the annual report for shareholders’ meeting;
• Attendance at all board and committee meetings and the preparation of corporate minutes;
• Nasdaq, Stock Exchange and OTC Bulletin Board regulatory compliance;
• Fulfilling Exchange Act Section 16(a) responsibilities (Forms 3 and 4) for directors and executive officers;
• Stock Option Plan administration and regulatory compliance;
• General corporate advice on a full range of corporate governance issues, directors’ duties and responsibilities; and compliance with the Sarbanes-Oxley Act of 2002.

Our litigators have extensive experience in this area of the law which includes trials and appeals of eminent domain suits, bid protests relating to government contracts, ad valorem tax cases on large commercial properties, telecommunications and public records cases. In representing government clients in litigation, we have conducted executive sessions with Commissioners, represented government entities and aligned private parties in mediations, participated in Special Master litigation under Fla. Stat. Chapter 70, conducted trials, including DOAH trials, and oversaw multiple appeals.

Types of Representation:

• Burt Harris Claims
• Inter-Local Disputes
• Contract Litigation, Including Inter-Local Contracts, Contracts with Citizens or Businesses (e.g. Commercial Leasing, Settlement Agreements as Part of Litigation and to Resolve Code Enforcement Issues)
• Utility Contracts (and Evaluation of Such Agreements)
• Easements and Restrictive Covenants
• Code Enforcement, and Related Lien Issues
• Civil Rights Charges Under 42 U.S.C. 1983 (Including Equal Protection, Vested Rights, Absolute and Qualified Immunity)
• Eminent Domain
• Environmental Issues (Predominantly for Property Owners)
• Historical Preservation Issues
• Religious Land Use and Institutionalized Persons Act (“RLUIPA”) Litigation and Claims
• The Full Range of Land Use Issues, Including, But Not Limited to, Compliance and Consistency for Comprehensive Plan Amendments, Department of Administrative Hearing Trials, Petitions for Certiorari (First Tier and Second Tier), Interpretation of Land Development Codes, Zoning, and All Manner of Challenges in Connection With the Above
• Public Records Requests and Litigation Under the Public Records Laws (Including Sunshine Laws)

Representative Clients:

• the Town of Southwest Ranches
• the City of Florida City
• the City of Hollywood
• the City of Pompano Beach
• the City of Parkland
• the City of Palm Beach
• Palm Beach County
• Broward County
• the South Florida Water Management District
• Additionally, we have undertaken matters adverse to the City of Fort Lauderdale, the City of Aventura, the City of Pembroke Pines, and Broward County

Representative Cases:

• Prevailed on appeal on behalf of a transportation service provider in a bid protest dispute arising out of Broward County’s award of a shuttle bus contract for Fort Lauderdale-Hollywood International Airport, in Academy Express, LLC v. Broward County (2011).
• Obtained an appellate court ruling that government officials enjoyed qualified immunity from suit based on officials’ land-use determinations concerning the interpretation of a comprehensive land-use plan, in Southwest Ranches v. Kalam, (2009). The Court held that the qualified immunity doctrine applied to officials at the earliest possible time, prior to having to incur an expense of defense including discovery. The Court based its application of the immunity doctrine on objective standards, concluding that the official’s intent was irrelevant to the application of the doctrine of immunity.
• Markham v. PPI, Inc., 843 So. 2d 922 (Fla. 4th DCA 2003). Ad valorem taxation of Pompano.
• For City of Parkland, our attorneys successfully litigated a case for injunctive relief and damages for breach of contract with a commercial vendor which had previously agreed to sunset certain business activities within the City.
• Numerous examples of the defense of successful bids on behalf of winning bidders and challenging bids on behalf of second or third place bidders relating to the procurement of transportation services, technology, construction services and others.

The Firm has handled the prosecution and defense of hundreds of varied construction-related cases, many of which have involved extremely complex issues with a multitude of defendants and scores of construction defects and deficiencies relating to residential, public and commercial construction including roofing defects, water intrusion, structural life safety issues. Our construction attorneys handle cases from single and multi-family dwellings to large commercial buildings, planned unit developments, retail, industrial and governmental projects. The team has decades-long experience in the representation of property owners including governmental entities, developers, homeowners, contractors and subcontractors, design professionals, sureties, materials manufacturers in connection with the construction of schools and other government buildings, high-rise and other residential developments, condominium conversions of older rental property, commercial property, mixed-use projects.

All owners of construction projects must comply with Chapter 558, Florida Statutes (“Notice and Right to Cure”) when an owner seeks damages due to construction or design defects. Our Firm has been intimately involved with the pre-suit process associated with Chapter 558. In fact, shareholder Steven Lesser has authored three articles dealing with Chapter 558 for the Florida Bar Journal which addresses the requirements and strategy associated with this statute. “How To Comply with Chapter 558 Florida Statutes: Current Challenges and Future Changes” (co-authored with Larry R. Leiby), Florida Bar Journal (February 2009); The 2004 Amendments to Florida’s Construction Defect Statute: some Solutions and More Confusion, Florida Bar Journal, (2004); “Florida’s New Construction Defect Statute, The Aggrieved Owner’s Obstacle Course”, Florida Bar Journal, (2003).  Mr. Lesser has lectured lawyers throughout the State on Chapter 558, Florida Law including those attending the course to become Board Certified in Construction Law by the Florida Bar.