Brian Lerner

One Financial Plaza 100 SE Third Avenue, Suite 2001
Fort Lauderdale, FL 33394, United States

Practice/Organization Description

I practice in all areas of commercial and corporate litigation, with extensive experience in employment litigation. I have litigated cases at all stages and in all types of forums—including administrative proceedings before government agencies, injunction hearings, bench trials and jury trials in state and federal courts, and final arbitration hearings. I strive to implement strategies designed to achieve the client’s desired results—whether early resolution, aggressive litigation, or resolution by trial.

My employment litigation experience includes representing individuals and employers in investigating, prosecuting, and defending the following: (1) EEOC charges of discrimination; (2) discrimination, harassment, and retaliation claims; (3) Family and Medical Leave Act (FMLA) claims; (4) Americans with Disabilities Act (ADA) claims; (5) Title III claims for denial of equal access to public places; and (6) collective and class actions brought for wage and overtime violations under local, state, and federal laws like the Fair Labor Standards Act (FLSA).

I also have extensively litigated employment contract disputes including claims for breaches of employment agreements, severance agreements, change of control agreements, non-compete agreements, non-solicitation agreements, and confidentiality and trade secret agreements.

My representative employment experiences include, among others, the following:

(1) Represented a pro bono client in a five-day federal jury trial in a case involving claims of disability discrimination and retaliation against the U.S. Department of Homeland Security. The jury awarded significant monetary damages to the pro bono client and the court awarded permanent injunctive relief for the pro bono client. The case was selected by the Daily Business Review as its “Most Effective Lawyers Pro Bono Case of the Year.”

(2) Represented a national mortgage lending institution, three of its affiliates, and three former high-level executives by obtaining partial summary judgment and then an arbitration defense award after a five-day AAA domestic arbitration final hearing in a matter alleging sexual harassment, retaliation, breach of contract, defamation, negligence, and tortious interference.

(3) Represented a major financial institution in a federal jury trial where the plaintiff claimed she was terminated after twenty years of service because of her age, race, and national origin.

(4) Represented retail, construction, hospitality, and travel-industry entities, among others, in collective and class actions for unpaid wages or overtime under theories of “off the clock,” missed or docked rest and meal breaks, miscalculation of overtime pay, and failure to pay minimum wage brought by former employees and the Department of Labor.

I also have counseled companies regarding their employment agreements, severance agreements, and other contractual arrangements for executives and other highly skilled employees. I have drafted and reviewed employment policy manuals, conducted audits of company employment practices and policies, consulted on workforce reductions, conducted internal investigations, provided training to executives, managers, and other employees in regard to employment practices, equal employment opportunity, and diversity, and day-to-day counseling on workplace issues.

In the commercial and corporate litigation area, I represent individuals and corporations in all manner of business disputes. My representative experiences include, among others, the following:(1) represented an international aerospace company in a seven-day ICC international arbitration final hearing held in Europe; (2) represented an international engineering and construction company in a one-month bench trial held in Florida; and (3) defended an international financial institution in a fourteen day bench trial in Florida.

Bar Admissions

Florida

District of Columbia

U.S. Court of Appeals, Eleventh Circuit

U.S. District Court, District of Colorado

U.S. District Court, Middle District of Florida

U.S. District Court, Northern District of Florida

U.S. District Court, Southern District of Florida

Education

University of Miami School of Law, J.D., magna cum laude, 1996 – 1999

University of Michigan, B.A., History and Communications, 1992 – 1996

Professional Associations & Memberships

Young President, Mount Sinai Medical Center Foundation

Member, Florida Bar Labor and Employment Section

Member, Federal Bar Association

Member, Broward County Bar Association

Honors and Awards

Chambers USA, Labor and Employment: Florida, 2010

Lawyers to the Rescue, Pro Bono Lawyer of the Month, June 2010

Florida Super Lawyers Rising Stars, Employment Litigation: Defense, 2009

South Florida Legal Guide, Top Up and Comer, 2009, 2010

Florida Trend, Florida Legal Elite Up and Comer, 2008

Daily Business Review, Most Effective Lawyers, Pro Bono Case of the Year, 2007

Areas of Practice
  • Administrative Law
  • Alternative Dispute Resolution (ADR)
  • Appellate Practice
  • Business Torts
  • Civil Rights
  • Class Action
  • Commercial Law & Contracts
  • Construction Law
  • Debtor/Creditor
  • Environmental Law
  • Insurance
  • Labor & Employment Law
  • Litigation
  • Products Liability
  • Securities Law
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