The firm’s real estate and litigation attorneys work together to assist owners, banks and other financial institutions in dealing with distressed real estate loans and the resulting ownership issues. The issues involved in managing these assets can vary widely, and require a multidisciplinary approach in order to successfully navigate through the many potential pitfalls. We have experience dealing with these complex issues and have provided clients with counsel and training in the following areas:

• legal issues arising in loan restructuring scenarios
• legal options and strategies regarding workouts
• subsequent developer issues that may result when you foreclose or otherwise acquire ownership of a project from the developer
• legal considerations relating to accepting a deed in lieu of foreclosure
• insolvency/bankruptcy strategies
• receiverships
• REO management and disposition issues

The Real Estate group authored “The Florida Distressed Condominium Relief Act: Options, Obstacles and Opportunities” to provide analysis about the law.

Becker has played a leading role in the creation of condominium and homeowner’s associations. As developer’s counsel, we draft condominium and property owner association documents, land sales filings, unit closings, and provide developer controlled Board representation and general developer representation. In addition, we review and revise contracts regarding property acquisition and financing, and work closely with local governments regarding land use planning, zoning and platting. Additionally we draft and consult on contracts with contractors, consultants, lenders and end users; examine conditions of title; handle closings with the buyers; advise on developer’s role in community associations, in various stages of operation, from post formation to turnover and transition.

Below find a representative listing of the Firm’s developer clients and some of the project(s) with which we assisted them. Our representation includes drafting condominium documents, preparing the necessary filings for the Division of Florida Land Sales, Condominiums and Mobile Homes, and in many instances, handling the Interstate Land Sales filing and closing on the unit sales. Condominium conversion representation is as noted below and includes all of the above mentioned services plus compliance with the Roth Act portion of the Condominium Act.

Representative developer clients & projects of Becker’s Real Estate Group

Bahri Developments Corp.
Villas of Maydana Condominium (Miami-Dade County)

Barrington Group
Carolina Landings
Savannah Preserve
Residences at Longbar

BAP Development
Cypress Club
The Opera House
The Onyx
The Onyx 2
Premiere Towers

Bob Butler
Seaside Key West Residences

Brickellinvest
Bayshore Palms, a Condominium

CMC Group
Bristol Tower Limited Partnership
Bristol Tower, a Condominium
Grovenor House
Porto Vita, Ltd. (w/Turnberry Associates)
Bella Vista Mid-Rise North Condominium
Oceania (w/Turnberry Associates)
Towers of Porto Vita – South Tower Condominium
Towers of Porto Vita – North Tower Condominium

Centerline Homes, Inc.
Vizcaya Port St. Lucie
Viscaya Delray
Vizcaya Plantaion

Diplomat Properties, L.P.
Diplomat Ocean Residence, a Condominium

DR Horton
Majorca Isles
Doral Village

E.B. Developers
The Belmont at Coral Way Condominium

Engle Homes/Pembroke, Inc.
Pembroke Falls – Multiple Phases

Epic West LLC
Epic West Condominium

Epoch
Marina Mile Business Park

Equity Residential
Grand Oasis
Grand Marquis

Gems of Delray, Inc.
Ten at Delray, a Condominium (Delray)
Diamond at Delray, a Condominium
Emerald at Delray, a Condominium
Ruby at Delray, a Condominium

Groves Properties
South 27 Lofts, Condominium

Home Devco
Landmark at the Gardens

Horse Creek Partners
Horse Creek Estates

Issa Homes
Carlyle at Celebration Coachhomes at Lake Nona

JED of Southwest Florida, Inc.

JPI
Jefferson at Young Circle

Key West Seaside Corporation
Seaside Key West Residences (Townhomes) (Monroe County)

Kimball Hill Homes
Lead Florida Counsel on myriad new development projects and association representation

Lake Place, Inc.
Lake Place II, a Condominium – (Hillsborough)

Lexin Capital
Siena at Celebration

Neo LLC
Neo Vertika
Neo Lofts
Wind by Neo Epoch
Cima

PM Concepts
Sun Valley East, a Condominium
Woodbine
Whitehorse Estates
Hampton Lakes
Parc Plaza, a Condominium

Park Development Group
Villa Del Lago at Metrowest, a Condominium

Parkland Development
Bellagio at Cypress Lakes

Plaza Luxury Group
Ocean Palms LLC

Point Lake Investments Corp.
Point Lake Villas, a Condominium

RAM Development
Lakeside
Broadway Promenade
Lauderdale One

Roger Development
One Village Place

Simdag-Robel
Trump Tower

Southern Facilities
Young Circle Commons

SM Brickell Limited Partnership
Santa Maria, a Condominium

SPC Developers, LLC.
SaltPonds, a Condominium

Technical Olympic USA (TOUSA) Engle Homes/Southwest Florida, Inc.
Reflection Lakes
Drexel Park

Triad Development
Mirabella

Tower V Developers
Oceania Condominium V

Transeastern Properties, Inc.
Tampa Bay Golf and Country Club
Glen Eagle Golf and Country Club (Naples)

Turnberry Associates
Porto Vita, Ltd (with CMC Group)
Oceania (with CMC Group)

VanLan Developments Corp.
Vista Las Olas, a Condominium (Broward County)

Vater Development Corp.
Caribbean at Boca Bayou

Willoughby Gardens Associates
Diamond Lake I- VI

ZOM USA
Madison I St. Pete
Madison II St. Pete
Waverly on Lake Eola

Condominium Conversion Projects
Four Winds, a Condominium
Hillcrest Country Club
Hillsboro Imperial Apartments, Inc
Hillsboro Windsor Condominium, Inc. Oakland Grove,
Oasis of Nurmi Isles, a Condominium
Shore Club Condominium “B”, Inc.
Shore Club Condominium “C”, Inc.
The Tuscany of Palm Beach, Inc.

Becker provides legal, title and settlement services for purchases and sales of real property. Our dedicated team of attorneys, paralegals, title and closing staff has the experience and knowledge to ensure that all parties enjoy a smooth closing experience. Due to our streamlined workflow processes, we are able to provide excellent service at a competitive price. We offer full legal representation of buyers or sellers of residential real estate. We pride ourselves on maintaining constant communication with our clients in order to make the closing experience a positive one. At the outset of the transaction, our clients receive a check list of action items, which party is responsible and calendar appointments for critical contractual dates. Throughout the closing process, we maintain close contact with our clients so they know which deliverables have been received and which are still pending. This emphasis on communication has allowed us to earn referrals from a long list of prestigious real estate organizations and mortgage professionals.

REO – Real Estate Owned
The firm’s REO group services asset manager clients with their real estate needs including the liquidation of real estate owned (REO) properties for financial institutions. The REO group has extensive experience in high volume closings due to our representation of our developer clients. Whether we are handling a developer client’s closings or volume REO closings, our goal is and has always been to exceed expectations by closing transactions as quickly and efficiently as possible and expediting the disbursement of funds for each closing. Our team is well-trained regarding the nuances of REO work including the use of specific websites for document uploads and closing transactions in addition to the necessity of funding transactions on or before the scheduled closing date.

As a vendor for nationally based asset managers, we are evaluated monthly based on files scheduled to close during the month versus files actually closed during the month. Our REO group has consistently surpassed all mandatory levels of scoring by receiving scores in the 90+ percentile and during some months, our scoring criteria has exceeded 100% due to our ability to accelerate closings scheduled for the following month.

Title and Settlement Services
The firm provides title and settlement services for purchasers of residential real property. In that regard, we handle such services from contract through closing and maintain the same exemplary communication for all parties involved. These services include:

• Title Information Services
• Record Owner Searches
• Escrow Closing Services
• In Office or Remote Closings
• 1031 Tax Deferred Exchanges
• Ownership & Encumbrance Reports
• Foreclosure Reports

We are authorized to write title insurance through any of the following title underwriters:

• Fidelity National Title Insurance Company
• Chicago Title Insurance Company
• First American Title Insurance Company
• Old Republic National Title Insurance Company through Attorney’s Title Fund Services, LLC
• LandAmerica
• Commonwealth

Creating and transforming land use and zoning classifications to assist clients who are pursuing development projects and business opportunities throughout the state has been an important part of Becker’s core business since its inception. The combination of our pre-eminence in real estate, local governmental law, lobbying, and construction law provides our developer clients with unique and unparalleled counsel in planning, developing and building projects.

From complex commercial ventures such as hotels, office buildings, industrial parks, shopping centers, warehouses, racetracks and telecommunications towers to high rise condominiums, apartment buildings, residential homes, workforce and affordable housing, and even county fairs, Becker’s land use and zoning attorneys are experienced and knowledgeable in all aspects of land development and usage including, but not limited to, local government law, developer agreements, land use and zoning changes, environmental permitting, site planning, DRI compliance, creation of Planned Unit Developments (PUD), Planned Developments (PD), Community Redevelopment Agencies (CRA). Where appropriate, we assist our clients to obtain density increases, drafting and filing of state registration requirements, use of tax credit financing, variances, temporary use permits, drafting and processing amendments to local, county and state law, and obtaining valuable economic incentives.

The Firm has a successful track record for increasing developer entitlements with density bonuses, variances, special exceptions, tens of millions of dollars in cash incentives to developers, and many creative zoning solutions. Becker prides itself on working with civic and community groups to build consensus and propose out of the box winning strategies that unify communities. Becker has vast experience in all aspects of local government approvals, site plans, signage, water-sewer permits, TCO’s, CO’s, environmental approvals, concurrency, and permits for rock crushing, mining, fill, asphalt operations, etc. We have successfully represented clients in over 100 different cities in Florida.

Our client base includes buyers, sellers, lenders and borrowers, owners, developers and contractors who are all seeking to increase the economic value of their land. In addition, the Firm represents telecommunications companies seeking approvals from local governmental entities for specific land uses that will enhance their technology. In addition, through our representation of 4,000+ Community Association clients, we are called upon to negotiate development agreements to mitigate impacts from nearby or adjoining developments. We have successfully represented Community Association clients before City and County Commissions throughout Florida on zoning, permits, height limitations, setbacks, noise mitigation, etc.

Notable Client Representations:

• Trump
• WSG
• Ocean Properties
• Cornerstone
• Triad
• Pinnacle Housing Group
• RAM
• MCZ/Centrum
• Isle of Capri Casinos
• J.W. Harris
• Carr Development
• Lane
• Firm Realty
• Southern Facilities
• Fortune
• U.S. Capital
• Diplomat Properties
• Frontier Development
• T-Mobile
• TD Bank
• Prince Bush
• United Trust Fund
• Ferro Development
• Advance Auto Parts
• Sunshine Gas Distributors
• Lexus of Kendall
• Ben Gamla Charter Schools
• Advantage Academy Charter School
• and many others.

The Firm’s real estate attorneys represent financial institutions, including major regional, national and offshore banks, national life insurance companies, private lenders, hedge funds, and Wall Street investment firms, and serve investors in connection with the financing and development of real estate. Real Estate based financing can include construction loans, permanent loans, mezzanine financing, etc. Our lender representation includes all aspects of commercial lending, including, but not limited to, drafting loan commitments, term sheets, construction loan agreements, participation agreements, subordination agreements, intercreditor agreements, and such other documents as are utilized in today’s sophisticated commercial lending environment. We also represent financial institutions in all aspects of mortgage default negotiation, including pre-negotiation agreements, forbearance agreements, mortgage modification, etc.

The Firm prides itself on providing comprehensive real estate finance services with an entrepreneurial spirit. Often this means bringing the parties together, negotiating favorable terms, assisting in identifying the proper financial vehicles, drafting the necessary documents, acquiring the necessary governmental approvals and ultimately, closing the deal.

Our team offers comprehensive representation to established and emerging businesses in every aspect of commercial real estate transactions. We counsel clients on leases, retail leasing, commercial leases, property management, landlord / tenant issues, office leasing, real estate brokers, and ground leases. We advise clients of alternative strategies for expanding, renovating, or disposing of commercial real estate holdings, establishing and modifying land use agreements including variances, easements and zoning to protect desired access, signage and building design criteria; and, representation of local and national real estate developers in all aspects of real estate development.

Our local, regional, and national clients include public and private companies; REITs; regional and national financial institutions; investment funds; architects, engineers, and contractors; landlords and tenants; developers (shopping center, mixed use, housing, office, industrial, residential, community, and multi-family); retailers; homeowner cooperative and condominium associations; buyers and sellers; brokers; public sector and governmental entities; and utility companies.

We pride ourselves on developing excellent working relationships with our banking and corporate clients by anticipating their needs and adding value to each transaction. As an example, our attorneys noticed how difficult it was for in-house counsel to easily track and monitor costs and expenses for new site development files. We designed a spreadsheet that charts all fees, costs and expenses incurred on each pending transactions on a month by month basis. This is an example of how we proactively developed a solution that will improve communication, streamline the process and ultimately, make it easier and faster to get the job done.

Representative Services

• Ground Leasing, Office Leasing, Build To Suit Leasing and Retail Leasing
• Submerged Land Leases
• Purchase and Sale Agreements
• Easement, Variance and Restrictive Land Use Agreements
• Title Agent for all National Title Insurance carriers
• Development and Construction Agreements
• Condominium Documents
• Negotiation and Review of Loan Documents
• Due Diligence
• Legal Opinions
• Loan Documentation/Review
• Refinance/Restructuring of Loans
• Loan Workouts

Representative Matters

• Represented a high profile New York based investment firm in its $117 million all-cash purchase of the iconic Miami Beach Resort hotel.
• Represented Fortune 500 company in the purchase, financing, development, construction, and zoning of a 1,000,000 square foot distribution center.
• Acted as counsel in the acquisition, development, leasing, and permanent loan work of numerous grocery-anchored retailer shopping centers.
• Represented an international video sales and rental retail store chain, a national quick-serve food restaurant chain, a national banking association, and a national discount shoe retail store chain, in the expansion and roll-out of their respective concepts across the country.
• Acted as counsel to developers in the acquisition and creation of condominiums and marina slip documents, submerged land lease, and related development work for multi-family, mixed-use and resort type developments.
• Representation of Regional and National Financial Institutions as lender counsel in real estate based loans, asset based loans, refinances, loan modifications and loan workouts.
• Representation of TD Bank, NA in 20-year lease for branch site in the Cobblestone Plaza, Pembroke Pines
  Total Value: $5.0 million
• Representation of purchaser of $12,705,000 note, mortgage and loan documents from BankAtlantic
  Total Value: $12.7 million
• Representation of borrowers in BankUnited loan to AAAA World, Inc. and AAAA Universe, LLC (collectively “borrowers”)
  Total Value: $51.5 million
• Representation of purchase in acquistion of 404-room Seralago Main Gate Inn located in Kissimmee, FL
  Total Value: $8.4 million
• Representation of Premier Beverage Company in lease of 25,500 square foot facility in Pensacola, FL
  Total Value: $2.0 million
• Purchase of Dollar General store in Daytona Beach Shores
  Total Value: $2.0 million
• Sale of 4.0 acres in the City of Dania for retail development
  Total Value: $2.0 million
• Purchase of ground lease sites for client Simoes Properties, with CVS, McDonalds and Wawa
  Total Value: approximately $6.5 million

With one of the largest economies in the country, Florida is home to an extraordinarily active state legislature that routinely passes laws with significant and far-reaching impact in Florida and beyond. These laws are implemented by the state’s vast array of regulatory agencies, many of which are trendsetters that impact the national policy agenda.

Our lobbying team in Tallahassee is on the forefront of these legislative and regulatory developments. We combine our substantive knowledge of complicated policy areas with our deep understanding of Florida’s political landscape to provide strategic lobbying services to companies and organizations before the Florida Legislature, the Governor’s Office, and regulatory agencies. We are also uniquely positioned to provide clients with advice regarding the legal implications of legislative and regulatory proposals.

Our Tallahassee team advances its clients’ policy interests before the Florida Legislature by utilizing its close working relationships with members of the  Legislature and their staff, testifying regularly before legislative policy and fiscal committees, drafting legislation and legislative amendments, preparing position letters, working with other companies and organizations to build coalitions around key policy issues, and navigating clients through Florida’s complex legislative process on a broad range of policy areas.

Services Provided

• Secure state government appropriations
• Draft, track, analyze, thousands of pieces of legislation and advise clients on how to react
• Devise legislative strategies to defeat, pass, or amend legislation
• Build coalitions and organize grass roots campaigns
• Prepare testimony, coordinate site visits, and meet with the House and Senate Leaders, key Legislators and Committee Chairs

Notable Client Accomplishments

Public

• For the City of Hollywood (a client for 28 years), Becker has proudly represented Hollywood as its State Government lobbyist.  Every year, we fight at the state and local levels to preserve Hollywood’s vital economic engine, its beaches. We are proud that tens of millions of dollars has been secured to protect and fund these efforts from the State and County.  We continue to work on the sand by-pass project at Port Everglades and have secured over $14 million for the city thus far. The Team fully funded the Fred Lippman Senior Center for $228,000, the SE Focal Point Senior Center $141,550 and the SHIP funding for affordable housing at $1.48 million.  We have continued to protect the City against a Claims Bill that has now been agreed to at $100,000.  We have helped save the City hundreds of millions of dollars by changing State law on the Ocean Outfall and allowing Hollywood flexibility in meeting the 60% re-use requirement.
• For Miami-Dade County, secured $5 million for the Ludlam Trail Corridor Acquisition.
• For the City of Pompano Beach, secured $287,500 for the Drinking Water Plant Filter Rehabilitation project and  assisted the city score a major legislative win in secure passage of the “White-Miskell Act,” which protects tourists and recreational consumers by reforming the parasailing industry in the wake of multiple deaths stemming from neglect by unregulated commercial operations there.
• For the Solid Waste Authority of Palm Beach County (a client for 10+ years), we led the lobbying effort that resulted in Florida’s Governor Rick Scott signing HB 531 into law. The bill put Palm Beach County on par with every other county in the state by allowing haulers to depreciate their equipment over seven years, rather than the previous five. This will make bids on hauling contracts more competitive by making them more
• For the City of Miami, our team successfully worked on securing a $1.2 million dollar appropriation for a Citywide Stormwater Master Plan which will assist in mitigating flooding throughout the city. Our team also worked closely with the Florida Department of Transportation as well as Governor Scott’s office in order to extend the state’s contribution to the New Starts Program for local transportation projects. This was our first year representing the City of Miami.
• For the City of Lauderdale Lakes, our team secured funding in the amount of $1,000,000 for Canal System Conveyance, and Water Quality,  $484,000 for Street Roadway Improvement to NW 21^st Street, and $1,000,000 for NW 31^st Ave Corridor Improvement.
• For the City of Cape Coral, successful in obtaining appropriations in the amounts of $1,292,250 for its reservoir and pipeline project, $176,250 for a police department public safety mobile command center vehicle, $790,135 for the Reclaimed Water Transmission Main Caloosahatchee River Crossing Project, $125,000 for the Sirenia Vista Park Utilities Expansion Project, a $100,000 Cultural Facilities Grant, $740,341 in State Housing Initiatives Partnership Program (“SHIP”) funds for affordable housing, and $3,850,000 for Burnt Store Road Widening. We successfully lobbied for inclusion of language in the local government pension bills (SB 246 and HB 7181) which specifically addressed the City’s maximum benefit pension plan which is expected to save the city over $120,000,000. Additionally in 2018, the team secured $176,250 for the Cape Coral Police Department Public Safety Mobile Command Center and $1,115,000 for the Cape Coral Reservoir and Pipeline Project. The money will fund engineering, design and permitting for the phase 1 portion of the project which would entail a pipeline from the existing reservoir in lower Charlotte County (Southwest Aggregates Mine) to the City of Cape Coral Gator Slough, the city’s northernmost feeder canal.
• For the City of Opa-Locka, our team successfully advocated for $700,000 for Burlington Canal Dredging and Side Sloe Restoration, $400,000 for NW 127^th Street and Cairo Lane Water Project,
• In only two Legislative Sessions the Becker team secured over $650,000 for the Town of Lake Park, a town of only 8,500. In 2017, $600,000 was secured for the very important Lake Shore Drive Drainage Improvement Project. $600,000 will be used to raise the roadway and install drainage basins along Lakeshore Drive with flapper values on the outflow drainage to the Lake Worth Lagoon which will enhance drainage. Additionally, the Becker secured a much need $56,000 grant for work on the Lake Park Historic Town Hall.

Private

• For Bethune-Cookman University, Florida Memorial University and Edward Waters College, Florida’s three private Historically Black Colleges and Universities (HBCUs), our team secured over $80 million in appropriations and corrected a funding process that changed from expenditure and reimbursement to upfront funding. Effective Access to Student Education (EASE), formerly known as Florida Resident Access Grant (FRAG), benefit state residents attending private colleges and universities in Florida. Our team has worked with a coalition of independent colleges and universities to increase the grant amount awarded annually.
• For Bethune-Cookman University, our team passed historic legislation. Florida became the first state in the union to select an African American, Dr. Mary McLeod Bethune to represent the state in National Statuary Hall.  Each state has two prominent citizens representing them in National Statuary Hall in Washington D.C. This law replaces a statue of Confederate Gen. Edmund Kirby Smith with a statue of a civil-rights activist and educator Dr. Bethune, founder of Bethune-Cookman University.
• For the Florida Association of Jewish Federations (a client for 25+ years), our successes for this non-profit, membership-based organization consisting of the state’s local Jewish Federations include hundreds of millions of dollars in governmental funding through appropriations and grants as well as numerous policy successes including establishing holocaust education in the public school curriculum, fostering business-to-business connections between Israel and Florida’s technology innovation communities and many others. The Becker lobbyists provide education and training about relevant legislation, advocacy and political insights to Federation members all over Florida.
• For Pensacola Care Inc. (PCI) (Quest Management), the team successfully secured a statewide appropriations increase of $11.5 million for Intermediate Care Facilities for Individuals with Development Disabilities (ICFIDD). The ICF community that takes care of Florida’s most vulnerable was desperate for an update to their funding. This statewide success of $268 million resulted in over $1 million being directly appropriated to PCI, our client, to help fund nearly 317 beds and associated care fragile Floridians.
• For American Clinical Solutions (ACS), the Becker team was successful in preventing language that jeopardizes patient safety from passing in the medical marijuana implementation legislation. ACS, the state’s only clinical lab that tests medical marijuana for the presence of fertilizers, pesticides, terpenes, mold, mildew and for potency was opposed to legislation that limited the medical marijuana testing business to environmental labs, which operate with much lower standards.

Notable Client Representations

Public

• Broward County Public Schools
• Miami-Dade County
• Miami-Dade County Public Schools
• Florida Polytechnic University
• City of Cape Coral
• City of Hollywood
• City of Homestead
• City of Miami
• City of Miami Gardens
• City of Miami Springs
• City of Lauderdale Lakes
• City of Lauderhill
• City of Lauderhill Safe Neighborhood Districts
• City of Opa-Locka
• City of Pompano Beach
• City of South Miami
• City of West Park
• Solid Waste Authority of Palm Beach County
• Town of Lake Park
• Town of Medley
• Village of Virginia Gardens
• Village of Pinecrest

Private

• American Clinical Solutions
• American Traffic Solutions
• AT&T
• Bethune-Cookman University
• Broward Community and Family Health Center
• Centene Corporation d/b/a Sunshine Health
• ChildNet
• CIOX Health, LLC
• Coalition of Franchisee
• Crohns & Colitis Foundation
• Culpepper
• Edward Waters College
• FCCI Insurance Group
• Florida Association of Jewish Federations
• Florida Association of Local Housing Finance Authorities
• Florida Community Financial Services Association, Inc.
• Florida Delegation, Southeast US Japan
• Florida Independent Spirits
• Florida Memorial University
• Florida Polytechnic University
• Foundation for Sickle Cell Disease Research
• Gulf Power
• Hamilton Downs
• Heart Gallery
• JAFCO
• Juda Eskew
• Miami Children’s Initiative
• Neighborworks Florida Collaborative
• Pensacola Care Inc. (Quest Management)
• Peoples Gas System
• RAI
• Safety Net Hospital Alliance FL
• Seus Japan Association 
• Society for Clinical and Medical Hair Removal
• ShotSpotter (SST, Inc.)
• Tampa Electric Company
• TECO Energy
• Univision Communications Inc.
• Urban League of Broward County
• Virgil Hawkins Florida Chapter National Bar Association
• WestCare Foundation
• Whiskey Creek
• Ygrene Energy Fund

 

The Becker Federal Government Relations team includes Washington, D.C. and state capitol insiders, Capitol Hill veterans, former high-level administration officials and agency experts, and former in-house corporate lobbyists. The team is highly regarded by Members of Congress, congressional and committee staff, state legislators, third party trade and industry organizations, and executive personnel, as effective advocates for their client partners’ interests. At its core, the team is diverse and bipartisan, which enables team members to work successfully on both sides of the aisle. Because of the team’s collective years of experience working on Capitol Hill and inside Washington and state political circles, they are skilled in identifying strategic opportunities for their client partners, particularly with the Appropriations, Commerce, Financial Services, Judiciary, Small Business, Transportation, Veterans Affairs, and Ways and Means Committees.

Additionally, the team has very strong working relationships with Members of the Congressional Hispanic Caucus (CHC), Congressional Black Caucus (CBC), Congressional Asian Pacific American Caucus (CAPAC), Multicultural Media Caucus, Congressional Hispanic Conference, New Democrats, and Blue Dogs. The firm also has access to state leaders and legislators in key state capitols such as Tallahassee, Sacramento, Albany, Austin, and Richmond.

Services Provided

• Assist and advise client partner in developing strategy
• Participate in, represent, and help prepare client partner for meetings and hearings before Congress and at Executive Agencies
• Monitor and review legislation and other actions proposed for the aforementioned governmental bodies for potential impact on client partner’s interests
• Advise and assist client partner in passing or defeating legislation or other proposed action by governmental bodies
• Arrange meetings with Members of Congress and their staff as well as with key federal agency officials to advocate for client partner’s goals and objectives
• Secure partnerships with Washington based third party organizations and corporate partners to advance client partner’s priorities
• Assist client partner with branding opportunities in Congress and state capitols associated with strategic fly-ins, caucus meetings, presentations by client partner executives with strategic Members and staff, and materials that showcase the client partner’s work in the community, among other initiatives.
• Prepare the political and legislative landscape for potential future heavy engagement through a strategic soft approach we call “brand lobbying”
• Assist client partner’s government relations team with strategic PAC management activities and help with coordinating the development and execution of PAC fundraising initiatives

Notable Client Accomplishments

$500 Million Included in Omnibus Bill for Coast Guard’s Offshore Patrol Cutter Program
On behalf of Eastern Shipbuilding Group, $500 million was included in the FY18 Omnibus bill of the Homeland Security Appropriations for the Coast Guard’s Offshore Patrol Cutter program, an increase of $400 million over FY17 funding.

$130 Million in Appropriations for Small Business Development Centers
For Small Business Development Centers (SBDCs), secured $130 million in appropriations, an increase of $30 million over the President’s proposed budget.

$83.7 Million for Virginia Port Authority; One of Only Four Construction New Starts in the President’s FY2022 Budget
Secured one of only four Construction New Start’s in the President’s FY2022, the first time the Virginia Port Authority has secured New Start funding for the critically important deepening and widening of the Norfolk Harbor and Channels. Significantly, the U.S. Army Corps of Engineers set aside full funding for the project at $83.7 million which will enable the Port to maintain its overall construction schedule.

$25 Million in National Defense Authorization Act for Leading Government Contractor
Secured a $25 million authorization in the National Defense Authorization Act for client STS International Inc.

$20 Million Port Infrastructure Grant Awarded to Virginia Port Authority
Secured $20 million from US Department of Transportation (USDOT) for Virginia Port Authority, the largest Port infrastructure grant in the country in 2020. After years of trying, VPA achieved success with the Becker team’s three-dimensional strategy: politics, policy, and impact. Becker also used regional economic data and support from a regional coalition of Members to make a winning case for the port.

$13 Million U.S. Department of Transportation TIGER Grant for Collier County, FL
Secured a $13 million US Department of Transportation (USDOT) TIGER Grant for transportation infrastructure for Collier County. The highly competitive grant was won on a re-application following a high level debrief with USDOT and outreach from the entire delegation including then House Transportation Appropriations Committee Chairman Mario Diaz-Balart (R-FL). The Becker team worked closely with USDOT’s Office of Intergovernmental Affairs to achieve this major win for Collier County.

$12 Million in Capital Funding for Florida Historically Black Colleges and Universities
For Florida Memorial University, Bethune-Cookman University, and Edward Waters College, secured $12 million in capital funding after negotiations with program officials within the U.S. Department of Education and Congressional committee staff.

$10 Million to Protect Communities Using ShotSpotter Gunshot Location System Coverage
Guided and advised public safety innovator ShotSpotter and its local government clients in securing over $10 million in federal funding to protect their communities through Gunshot Location System coverage.

$9+ Million for Collier County, FL to Purchase New Buses and Rehabilitate Operations
Secured $9+ million in 2020 for Collier County to purchase new buses and to rehabilitate its existing operations and maintenance building. We helped the County design a project that was well-aligned with both the grant requirements and our knowledge of FTA’s priorities and interests. We also engaged their Congressional delegation to weigh in with support, arming them with draft letters of support and talking points for outreach to USDOT leadership.  Notably, we leveraged the support of House Transportation Appropriations Subcommittee Ranking Member Mario Diaz-Balart.

$5.1 Million Air Force Grant for FIU’s Reconfigurable Antenna Research Program
Secured $5.1 million for client, Florida International University to create a Center of Excellence in joint partnership with the Department of Defense, NASA, and NOAA for research in origami antennae.

$4.6 Million to Rehabilitate Aging Force Main Pipeline in North Bay Village, FL
For 42 years, wastewater from North Bay Village pumped through the same pipe traveling more than two miles to Miami Beach to be processed. This force main pipeline rested on the Biscayne Bay floor and was exposed to hazards such as impacts from boats. Damage to the pipe was accelerated by corrosion and age. This pipeline had caused six spill accidents and was causing continued environmental damage and health risks to North Bay Village and all the surrounding communities. Becker began working with North Bay Village to see if federal funding would be available for this project. Working closely with then-Senator Bill Nelson and Congresswoman Debbie Wasserman Schultz’s office, we resubmitted the appropriations request. After several years of work, North Bay Village received notification that it had been awarded $4,655,012 to completely rehabilitate the existing 12,000 feet of 12-inch force main that crosses the Biscayne Bay.

Governmental entities, at all levels, purchase hundreds of thousands of dollars worth of goods and services from outside vendors. Becoming a government vendor can be very lucrative for private companies who understand the complexities and nuances of governmental bidding and contracting. We work closely with clients to navigate the highly structured procurement process and with clients whose businesses are impacted day to day, both positively and negatively, by local ordinances and regulations.

Our team has helped clients, in various industries, change local ordinances and win multi-million-dollar concessions and contracts for food, retail, duty free, billboards, bus benches, for hire transportation, shuttle services, luggage wrapping, luggage carts, currency exchange, phone cards, hotels, audit and accounting, parking, waste and recycling, janitorial, insurance, software and software implementation, auto tag agencies, construction and engineering services, etc.

The procurement process requires knowledge and experience in various aspects of drafting, negotiating, lobbying, and litigating procurement matters, including invitations for bids, requests for proposals, design-build contracts, change orders, bid disputes and payment and performance bond claims. The legal issues surrounding public procurement are especially complicated because each public body has a unique set of rules and regulations governing their procurement process which must be followed precisely and often require extraordinary documentation in very short timeframes to submit, petition or protest an award.

Thus, our clients who do business with governments rely on our knowledge, contacts, responsiveness and determination to get the job done. Our team is well-versed in the nuances of Request for Letter of Interest (RLI) and Request for Proposal (RFP) processes used by most state, local and quasi-governmental entities in Florida. Other members of the Local Lobbying and Government Procurement team have provided strategic and political advice, on call lobbying, helped draft responses for literally hundreds of winning concessions and contracts bids, and served as counsel on bid protests in numerous jurisdictions.

Services Provided

• Represent clients in enacting or amending local ordinances and regulations impacting businesses, vendors or concessionaires
• Represent clients throughout the government procurement process, including assistance in review and submittal of bids and responses to requests for proposals, requests for qualifications, requests for letters of interests, and other public solicitations
• Assist clients with identifying and advocating for business opportunities with local governments
• Monitor/notify/assist with review of public advertisements and availability of public project
• Placement on public vendor list with purchasing divisions for government agencies
• Review terms and conditions of advertisements for government contracts
• Review submittal requirements set forth in procurement documents
• Assist in preparation and review of bids, proposals, qualifications, and letter of interest in government contracts
• Lobby and interact with government officials to further clients’ goals
• Advise as to applicable statutory and administrative rights and remedies – re: qualification, ranking, award, and protest in government contracts
• Intervene to challenge government agency actions, preparation of protest petitions, and represent clients in all phases of contract awards, including qualifications, rankings, and contract negotiations
• Intervene to defend awards challenged by competitive bidders or third parties
• Negotiate with government agencies re: resolution of government contract disputes
• Negotiate final contracts pursuant to government contract awards, including issues such as terms of payment, contractual liability, or insurance coverage and other mandatory contractual provisions
• Assist with development and maintenance of governmental contract relations
• Negotiate and secure municipal land leases and/or CRA financial incentives for clients selected for development within urban and/or CRA Districts
• Represent and negotiate municipal contract extensions without the necessity of new RFP’s

Notable Client Accomplishments

At Miami, Ft. Lauderdale & Palm Beach Airports:

• For Miami International Airport, won a major extension for HMS Host and MCA Concessionaire in Central Terminal.
• For Fort Lauderdale-Hollywood International Airport, won RLI for Terminals 1 and 2 Food and Beverage and negotiated 18-year agreement and award at FLL Terminals 1 and 2.
• For Delaware North Food and Travel Services, we won a long-term contract extension at Fort Lauderdale Hollywood International Airport, Terminal 3 and 4. Contract term will be over 50 years without an RFP.
• For Paradies News-Gifts , we won a 15-year extension at Fort Lauderdale-Hollywood International Airport Terminals 3, 4.
• For numerous clients including: Duty Free Americas, Secure Wrap, Smart Carte, Paradies Shops, Delaware North Food and Hospitality, Inc., Fuel Facility Management, Travelex Financial and Business Services, Go Airport Shuttle, Master Concessionaire, SH&E-Concession Consulting, Keolis, Sunshine Cleaning Services, Air-IT, HMS Host, Paradies, Standard Parking, SP Plus J.V. Ground Transportation Manager, helped devise the winning strategies for concessions and contracts.
• Helped clients win engineering, design and construction projects, change orders, and scope changes worth hundreds of millions of dollars in contract values at Ft. Lauderdale-Hollywood International Airport such as: New South Runway Project, Exit Roadway Design Criteria Package, High Speed Taxiway/Airfield Modification and General on-call aviation Engineering for Reynolds Smith Hill, the award winning design for the Rental Car Garage – Spillis Candella-DMJM-AECOM, the design of new $600M South Runway for Atkins RSH, Balfour Beatty – James A. Cummings JV for the construction of the new Terminal 4, Tutor Perini – Baker Concrete – HNTB Construction of new South Runway Design Build, Tutor Perini Construction Terminal 4 Apron expansion project, Turner Construction, Keith & Associates CPM Terminal Four, Gresham Smith Partners Terminals 1, 2, 3, Modernization, PSI-Vertical V – Tierra South Florida New South Runway Quality Assurance Material Testing Services, Keith and Associates on call Utilities Engineer $8,000,000, Cartaya and Associates on call Building Projects $7,000,000.
• Defended three multi-million dollars contract awards for clients, Air-IT, Limousines of South Florida, and Go Transportation at the Ft. Lauderdale-Hollywood International Airport. Bid protests challenging the awards were denied, and Becker intervened in each protest and won.
• Extension of Sunshine Cleaning Systems contract at FLL Airport for 27 months – total contract value $51,728,971.
• Settled Tutor-Perini FLL Runway Expansion Contract dispute for $19,000,000 for an all in contract of $239,000,000. Settled multiple change orders disputes, delay claims, in favor of the contractor.
• Negotiated a voluntary Settlement Agreement and Release between Sunshine Cleaning Systems, Inc. and Broward County regarding compliance with the Business Enterprise Act of 2009.
• Amendment to Shared Ride and Limousine Service Concession at FLL to Go Airport Shuttle to remove minimum guarantees and other favorable adjustments.
• Amendment with Keolis Transit America at FLL to adjust annual management fee and other favorable adjustments – $49,114,495.
• Approval of two agreements with NV5 and Broward County for consultant services for Quality Assurance Materials Testing for FLL Airport, Building, Airfield and Airside Projects – $5,400,000.
• Amendment and Change Order for Cummings (Tutor Perini) – Balfour Beatty JV Construction Management Risk FLL Airport Terminal 4 Gate Replacement – Western Expansion – $164,502,990.
• Amendment to Agreement between Broward County and SP Plus (Standard Parking) for Parking Management Services – $2,371,036.
• Amendment to ACAI Associates, Inc. design and scope changes of Terminal 4 Federal Inspection Services Facility at FLL – $11,400,000.
• Amendment to the Agreement between Broward County and Tutor-Perini FLL Terminal 4 Apron Expansion revised total $47,995,968.
• Various Contract Amendments for Clear Channel Interspace Airports for advertising services at FLL for an additional two (2) years.
• Amendment to Agreement with Gresham Smith increasing amount from $14,000,000 to $25,000,000 Terminal Modernization FLL.
• For the Palm Beach Airport Hilton Hotel, we won (on a 7-0 vote) a lease extension with Palm Beach County.
• Won airport ground transportation taxi contract and County $120,000,000 Pari-transit contract for Metro Mobility Management Group and successfully defended the 2nd ranked firm’s bid protest. The victory also included defeating the local union representatives who sought to derail the award.
• Won and successfully defended a bid protest for Palm Beach County Misdemeanor Probation Services contract.
• Won bid protest for Sunshine Cleaning for janitorial services at the Palm Beach International Airport.

Public

• For Palm Beach County School Board, secured and defended a multiyear multimillion dollar contract for an education services client to provide supplemental academic instructional services, and overcoming a series of challenges at the Fourth District Court of Appeals, Division of Administrative Hearings, and at the School Board level.
• For the City of Lauderhill, approval of additional funding from Broward County for Performing Arts Center.
• With FDOT, intervened and defended an FDOT award for a Severe Incident Recovery Team, LLC, which was protested by a competitor. The towing contract involves servicing a portion of the Florida Turnpike.
• Emergency Employee Loan Program award to BMG Money, School Board of Broward County and multiple cities in South Florida.
• Won Employee Benefit Plan for BMG Money with Office of the Tax Collector of Palm Beach County.

Private

• For ProChamps, to provide its web-based registration platform for foreclosed properties in the City of Doral and help the city manage and control blight and health and safety issues with these properties
• For Motorola Solutions, successfully helped expedite a $3.5M contract in the City of Miami for the Police Department. This award will help the Department update its CAD technology with the latest software systems.
• For ShotSpotter (gunfire detection), additional efforts to help improve safety and security in the City of Miami. The team was the first to work with the elected’s and administration to help implement and expand ShotSpotter to make the city a model for large municipalities
• For Embraer Aircraft, coordinated the long-term lease extension aircraft maintenance and parts distribution center adjacent to the North Runway at Ft. Lauderdale-Hollywood International Airport
• For Siemens Industry, Dade mobility and consultant services
• For Mitsubishi Heavy Industries, government relations services
• At Jackson Memorial Hospital, represented Star One Staffing, a company providing nursing, staffing services in documenting procurement irregularities that led to rejection of an RFP
• For our client, American Traffic Solutions, won a bid protest in the City of Doral for the installation of ten cameras. Doral had initially intended to award the contract to a competitor; however, based upon the protest, the decision was reversed in favor of American Traffic Solutions
• Won a bid protest for Horsepower Electric in the City of Weston. Horsepower was the third-place bidder and successfully knocked out first- and second-ranked firms
• Award of SFRTA – Tri-Rail Commuter Connector Bus Service – Keolis Transit America (Dade, Broward, Palm Beach) – $39,000,000 5 year contract
• For Consulate General of Japan, government relations services
• For Consulate General of Canada, government relations services
• For Hollywood Beach Golf and Country Club and City of Hollywood, approval of License and Management Services Agreement
• At Port Everglades, represented Florida Stevedore and Hallmark Stevedore before the Broward County Commission in opposition to waiving or changing the rules and Code regarding new Stevedore franchises at Port Everglades. Represent FPL on the $1.2B new power plant project at Port Everglades
• For Limousines of South Florida (Tectrans), intervened and defended a $5M-plus paratransit contract in Collier County working closely with Collier County Attorney, Administrator, staff and Commission to uphold award
• On behalf of client Vacant Property Security, won a bid protest in the City of Miami which upheld the City’s Chief Procurement Officer finding of non-compliance of competitor bids. We also secured passage of ordinance on behalf of client
• Won hotly contested waste disposal contract for SWS/Sun-Bergeron J.V. breaking a Waste Management’s 25-year monopoly in the City of Miramar. Won additional franchises in Lauderhill, Oakland Park, Deerfield, Davie, Lauderdale by the Sea, and other cities
• Successfully represented H.J. Paving on bid protest in Miami-Dade County
• Successfully represented McKinley Insurance in bid specification issue and secured addendum to clarify specifications before the Orange County Commission
• Successfully represented McGladrey Accounting firm on a City Audit contract in the City of Pompano Beach
• Successfully represented ORACLE on software purchases in the City of Miami
• For client Limousines of South Florida, won City Trolley Service in the City of Hollywood
• For Pinnacle Housing, successful bid protest in the City of Hollywood
• For Related Group Development Apogee, obtained $1M impact fee reduction
• U.S. Legal on the award for legal insurance services for Broward County employees
• Quarterbacked a coalition lead by the Florida Retail Federation and hundreds of national and local retailers and shopping center owners in opposition to an Ordinance that would have required mandatory security cameras in all retail parking lots in Broward County
• Plante & Moran on the Third Party Assurance Contract for the County’s ERP computer procurement
• Bergeron Emergency Services for the County’s hurricane debris removal contract and Bergeron Land Development for the Port Everglades Turning Notch Wetland Mitigation project
• DeRose Design Consultants for the on-call parking consultant
• First Broward Auto Tag and Deerfield Auto Tag for the private tag agencies
• Saltz Michelson on hurricane hardening of government buildings and design-engineering of the new Broward Addiction and Recovery Center and the Cotterman Sexual Assault Treatment Center
• Seawood Builders/H.J Russell team for design and build of $50 million Central Broward Regional Park and Cricket Stadium including significant change orders, code interpretations, and design criteria issues
• James A. Cummings on the Broward County Courthouse $187,000,000 award. Defended Bid Protest in month long trial with dozens of witnesses, evidence and cross examination, and ultimate award by County Commission
• Spillis-DMJM (AECOM) Heery-Cartaya JV, as the design professional for the Broward County Courthouse
• Seawood Builders on the award of the $20 million Mills Center design-build project and a $10 million CM at Risk renovation of TY Park in Hollywood
• Kronos for the time and attendance software system for workforce management
• Award of solid waste disposal contract to Sun-Bergeron breaking a 25 year monopoly by Waste Management
• Award of $12,854,000 contract to Horsepower Electric for Roadway and Traffic Construction and award of two successive Mast Arm Design Builds $8,649,000 and $8,145,335
• For American Traffic Solutions (ATS): quarterbacked the winning strategy to provide red light cameras in the cities of Miami, Hollywood, North Bay Village and many other cities. Also won a bid protest and a 5-0 unanimous vote. Won contracts in Homestead, Doral, Hialeah, Key Biscayne, Palmetto Bay Boca Raton, Miami Springs, and Cutler Bay. Increased number of cameras and extended contract in City of Miami
• Award to Brown & Caldwell Water and Wastewater Studies contract and Reclaimed water plant expansion contract
• For the City of Lauderhill CRA: Two grants from Broward County – $128,250 and $150,000
• For City of Lauderdale Lakes: Successfully won approval from county for deferred repayment plan for BSO debt
• Award of consultant engineering services for potable water storage tanks and pumping systems – Carollo Engineering, Inc. – $3,584,484.
• Award of consultant engineering services for water and sanitary sewer system improvements – Chen Moore Associates, Inc. – $11,171,569.
• Approval of City of West Park – Broward County Operating Agreement for McTyre Park.
• Approval of #1 Ranking Matthews Southwest to develop 800 room Broward County Convention Center Hotel and 300,000 sq.ft. expansion of Convention Center.
• Award Bond Consulting Engineering Services Port Everglades, Ammann and Whitney – $2,000,000.
• Approval of Property Assessed Clean Energy (PACE) improvement provider agreement with Ygrene for funding of energy conservation and efficiency improvements, renewable energy improvement sand wind resistance improvements.
• Agreement with Van Dee Fulfillment for mailing service and marketing for Broward County’s Greater Fort Lauderdale Convention and Visitors Bureau.
• Approval Broward Redevelopment Program Grants to City of West Park and Lauderhill CRA public improvements, roadway improvements and redevelopment.
• Award of Construction Manager at Risk Agreement to James B. Pirtle Construction Company Broward Addition Recovery Center and Nancy J. Cotterman Center – $18,165,656.
• Amendment to Spillis Candela (AECOM)/Heery/Cartaya JV for project design new Broward County Courthouse project – $19,714,308.
• Waiver of the Procurement Code and to extension for an additional 5 year term to the Agreement with First Broward Auto Tag Agency and South Broward Auto Tag Agency for Private Auto Tag Agency Services.
• Amendment between Broward County and James A. Cummings (Tutor Perini) – $14,900,000 for a new 500 car secure parking garage and Courthouse plaza. Total contract $203,666,479.
• Amendment to Mediterranean Shipping Company (MSC) and Broward County for extension of the 39.8 acre marine terminal at Port Everglades through October 31, 2014.
• Won bid protest for Hilton Hotels, where the County sought to disqualify them in the competitive procurement for the Palm Beach Convention Center hotel.

Notable Client Representations

Public

• City of Hollywood
• City of Lauderdale Lakes
• City of Lauderhill
• City of West Park

Private

• Acai Associates, Inc.
• Advanced Green Technologies, Inc.
• Airport Express/Tri County Transportation
• Amadeus Air-Transport It Services
• American Traffic Solutions
• B & L Service, Inc.
• BMG Money, Inc.
• Breezetrack, LLC
• Brown & Caldwell
• Cartaya & Associates, Architects P.A.
• CDL Technical & Motorcycle Driving School
• Chen Moore & Associates, Inc.
• Clear Channel Outdoor, Inc.
• Community Champions Corp.
• Consulate General of Canada
• Consulate General of Japan
• CSS of South Florida, Inc.
• Delaware North Companies Travel
• DeRose Design Consultants, Inc.
• Embraer Aircraft
• First Broward Auto Tag Agency, Inc.
• First Broward Auto Tag Agency of Lauderhill, Inc.
• Florida Pipeline Corp.
• Fort Lauderdale Business and Currency
• FRS Caribbean
• Fuel Facility Management
• Gelin Benefits Group
• GFA International
• Gresham Smith and Partners
• Hensel Phelps
• Hilton Hotels
• HMS Host
• HorsePower Electric, Inc.
• Keith & Associates, Inc.
• Keolis Transit America
• Keolis Transit Services, LLC
• Louis Berger
• Luar Investments
• Mast Acquisitions LLC
• Master Concessionair LLC
• Matthews Southwest
• Mitsubishi Heavy Industries
• Motorola Solutions
• National Health Transport, Inc.
• NV5, Inc.
• Olsen Associates, Inc.
• Paradies Shops LLC
• Pirtle Construction Company
• ProChamps
• Related Urban
• Reynolds Smith and Hills, Inc.
• Ross & Baruzzini
• RSM US, LLP
• Safeguard America Inc.
• Saga South Development
• Salty Donut
• Saltz Michelson Architects, Inc.
• ShotSpotter (SST, Inc.)
• Siemens Industry, Inc.
• Sixt Rent a Car
• SLH Investments
• South Broward Tag Agency, Inc.
• SP Plus Curbside Management Joint Venture
• Standard Parking
• Star One Staffing
• Stiles Pirtle Joint Venture
• Sunshine Cleaning Systems
• U.S. Legal Services, Inc.
• V&E Restaurants
• Van Dee Fulfillment
• Wade Trim
• Westcare Foundation
• Yellow Airport Limousine Service d/b/a Go Airport
• Ygrene Energy Fund Florida LLC

We advise public and private corporations, boards of directors, executive officers, investors and committees of the board of directors on matters of SEC disclosure and compliance. We have developed a balanced approach to compliance obligations and combine best practices and practical judgment to provide a workable solution to regulatory and business issues.

Our services include:

• Special Counsel representation to Audit, Corporate Governance and Special Committees of the board of directors;
• Review and advice in the drafting and filing of all Exchange Act reports;
• Assistance in Section 16 compliance and the filing of Forms 3, 4 and 5;
• Review and oversight of Insider Transactions;
• Assistance in the establish of corporate governance principles and policies;
• Development of Committee Charters and Procedure.

Our asset protection and business wealth preservation team utilizes various methodologies for clients to preserve and protect the value of their personal assets and business holdings. We are acutely cognizant of economic risks incurred by high net worth individuals from claims against their personal and business assets. Our asset protection planners are recognized thought leaders whose array of clients are local, national and international high net worth individuals and their businesses. Our team searches for solutions for these critical problems including utilization of sophisticated and litigation tested offshore asset protection structures.

Becker represents a wide range of financial services firms engaged in securities brokerage services, investment banking and investment advisory services. We provide advice and counsel in all areas of operations, including formation and business development, compliance, corporate finance and securities litigation.

We regularly represent financial services firms and individuals in regulatory investigations and proceedings conducted by the federal and state securities agencies and self-regulatory organizations, as well as litigated matters including securities arbitrations.

We are the go-to Firm for successful registered representatives that seek to establish their own broker-dealer or investment advisory firm. We have guided numerous individual brokers in the transformation from registered representative to securities principal and firm owner.

Becker represents public and private issuers, venture capitalists, angel investors, broker-dealers and investment bankers in a wide range of capital formation transactions. Our clients range from start-ups and mid-level growth companies to seasoned enterprises in a broad range of industries.

We close deals. Our team of experienced, pragmatic, and dependable attorneys have a proven ability to execute a broad range of transactions in an efficient and successful manner.

Our practice includes:

• Initial public offerings;
• Public offerings and private placements of debt and equity securities
• PIPE Transactions;
• Rule 144A and Regulation S offerings;
• Private debt offerings;
• Offerings by mezzanine and leveraged buyout funds;
• Rights offerings and exchange offers;
• Capital raising and risk-hedging transactions

We represent executives and corporations in the negotiation, drafting and enforcement of executive employment agreements. Our clients are corporate 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.

• 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

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;
• Portfolio trading issues;
• Exchange listings;
• Usage of electronic media, including the internet and social networking media;
• General advice on day-to–day activities;
• Compliance with federal, state and non-U.S. laws and regulations;
• Preparation of partnership and operating agreements;
• Preparation of advisory agreements and structuring of performance compensation agreements;
• Development of structures for employee participation in profit sharing arrangements;
• Advice on registration with the Securities and Exchange Commission (SEC), state securities commissions and exemptions from registration requirements;
• Compliance with anti-money laundering requirements;
• Advice on trademark and other intellectual property issues;

The firm’s Tax & Estate Planning attorneys have strong credentials and extensive experience in this highly specialized area of the law. The firm serves clients’ needs in the following areas:

• Tax advising non-U.S. taxpayers of the U.S. federal income tax consequences of doing business or making investments in the United States;
• 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 with respect to real estate acquisitions, financing and restructuring-related workout 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;
• Representing pension funds, foundations, charities and other tax-exempt organizations;
• Providing guidance to taxpayers concerning employee benefits, including advice on designing, establishing and maintaining retirement and executive compensation programs;
• Advising clients regarding tax issues involved with public offerings and private placements of equity, debt and hybrid securities; and
• Advising clients concerning state and local tax issues.

We provide representation on the buy side and the sell side in public and private mergers and acquisitions. Our clients include buyers and sellers, major stockholders, lenders, financial advisors, management, special board committees, venture capitalists, individual investors and private equity funds participating in the transactions. We have a deep roster of attorneys with substantive expertise in employment, technology, tax, intellectual property, and real property law that allows us to conduct thorough and in-depth due diligence on target companies.

Our services include:

• Advance preparation for prospective targets;
• Asset sales and purchases;
• Corporate governance advice;
• Joint ventures;
• Leveraged buyouts;
• Private equity;
• Recapitalizations;
• Spin-offs/Split-offs;
• Stock sales and purchases; and
• Strategic mergers

Our clients invest in private and public companies in transactions involving preferred stock, subordinated debt, and other types of securities. In many cases, these transactions result in the investor holding a minority interest in the issuer, and we are adept at formulating structures and provisions that protect the interests of these minority investors. We also represent majority investors and issuers in the negotiation of a wide range of financial and strategic investments.

We have a great depth of experience representing public and private companies, officers and directors, securities firms and their registered professionals in a wide range of proceedings including:

• NYSE and FINRA securities arbitrations;
• federal and state commercial litigation;
• Nasdaq delisting proceedings;
• securities related employment and customer disputes, and
• SEC, NYSE and FINRA investigations and enforcement actions.

These matters range from the garden variety investment claims to sophisticated securities fraud actions and enforcement proceedings involving:

• 10b-5 claims;
• officer and director liability;
• improper disclosure;
• market manipulation
• trade reporting violations;
• failure to supervise;
• clearing and trading irregularities;
• research conflicts of interest, and
• sales practice rule violations.

We have a great depth of experience representing public and private companies, officers and directors, securities firms and their registered professionals in a wide range of regulatory proceedings including:

• NYSE and FINRA securities arbitrations;
• federal and state commercial litigation;
• Nasdaq delisting proceedings;
• securities related employment and customer disputes, and
• SEC, NYSE and FINRA investigations, enforcement actions and regulatory proceedings.

These matters range from the garden variety investment claims to sophisticated securities fraud actions and enforcement proceedings involving:

• 10b-5 claims;
• officer and director liability;
• improper disclosure;
• market manipulation
• trade reporting violations;
• failure to supervise;
• clearing and trading irregularities;
• research conflicts of interest;
• sales practice rule violations;
• employment and promissory note disputes; and
• corporate raiding.

Our attorneys have a great depth of experience representing public companies in a wide range of corporate and securities related matters. We provide outsourced “In-House” counsel services to our public clients and offer flat fee arrangements for general corporate and securities representation. These services include:

• Assistance in complying with all recurring reporting obligations under the Securities Exchange Act of 1934, including annual reports on Form 10K, quarterly reports ON Form 10Q, 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 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.

Becker represents public and private issuers, venture capitalists, angel investors, broker-dealers and investment bankers in a wide range of securities transactions including public and private offerings, acquisitions and exchange offers and shareholder rights plans. We also counsel clients on compliance with securities laws and the disclosure and filing requirements of the Securities and Exchange Commission, the New York Stock Exchange and Nasdaq, and other exchanges and self regulatory bodies. Our clients range from start-ups and mid-level growth companies to seasoned enterprises in a broad range of industries.

Corporate Finance

• Initial public offerings
• Public offerings and private placements of debt and equity securities
• PIPE Transactions
• Rule 144A and Regulation S offerings
• Private debt offerings
• Offerings by mezzanine and leveraged buyout funds
• Rights offerings and exchange offers
• Capital raising and risk-hedging transactions

Becker represents clients in sensitive dealings and controversies with federal and state government agencies. James Mahon, who leads this practice group, has over 30 years of experience responding to challenges by taxing authorities. The firm has negotiated with government agencies to obtain favorable settlements, and, where necessary, has successfully litigated civil and criminal proceedings commenced by the IRS and state taxing authorizes. We represent clients undergoing tax audits, collection proceedings and regulatory investigations. We have also brought delinquent taxpayers into compliance with the tax authorities and guided numerous clients through the offshore voluntary disclosure process.

We are skilled negotiators experienced in Offers in Compromise, Installment Payment Agreements, Collection Due Process Appeals, Innocent Spouse Claims, Responsible Person Assessments, Sales Tax and Nexus Matters, and New York State Residency audits and nonresident income allocation audits.  If litigation does result, our experienced litigation team has represented clients in Federal and State civil and criminal litigation.

Through our representation of various lenders, we have gained significant experience analyzing and implementing loan work outs, obtaining receiver appointments, enforcing rent assignments, foreclosing on commercial and residential properties, and representing the interests of lenders and other creditors in bankruptcy.

The firm represents title insurance companies defending title claims, and is experienced in handling disputes relating to land acquisition, survey defects, title, easement rights, real estate contracts, and land partnerships.

We have successfully represented developer entities and principals regarding HUD project investigations.

We have won significant condemnation awards for land owners whose property was taken by the government for development or road construction.

The Firm has considerable experience defending real estate developers against claims or defenses asserted by buyers attempting to avoid enforcement of purchase contracts, particularly such claims and defenses based upon alleged violations of:

• The Interstate Land Sales Full Disclosure Act (ILSA) and the Department of Housing and Urban Development (HUD) regulations interpreting ILSA;
• The Condominium Act;
• The Homeowners Association Act;
• Real Estate Tax Disclosure requirements; and
• Community Development District disclosure requirements.

The Firm also has extensive experience in representing commercial landlords and tenants in various disputes involving lease contract disputes, deposit disputes, and disputes over ownership of furniture, fixtures and equipment upon termination of leases.

Representative Cases

• Prevailed at trial and on appeal on behalf of a real estate developer in a breach of contract suit against famed boxing promoter Don King regarding a parcel of property located in Palm Beach County, in DK Arena, Inc. v. E.B. Acquisitions I, LLC (2010). The decision affirmed the trial court’s finding that Mr. King breached obligations in a dispute concerning a $23-million purchase and sale agreement for real estate. This case also firmly established the precedent that detrimental reliance upon verbal representations in the context of a real estate transaction can, under certain circumstances, overcome the statute of frauds.
• Prevailed on appeal on behalf of a residential land developer where the court held the developer was exempt from the disclosure requirements under the federal Interstate Land Sales Full Disclosure Act (ILSFDA) statute, in Van Hook v. The Residences at Coconut Point (2010).
• Prevailed on behalf of property owner seeking disbursement of loan proceeds in action brought by mortgage broker, seeking to freeze loan proceeds as security in commission dispute, in Cohen Financial, LP v. KMC/EC II/LLC, 967 So. 2d 224 ( Fla. 3rd DCA 2007).
• Wigand v. West City Partners, Inc
  Successfully obtained a decision where the Federal District Court for the Southern District of Florida prevented 42 of the 43 plaintiffs who sued the condominium developer from bringing their breach of contract and ILSA claims in one lawsuit.