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Bruce J. Berman

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Bruce J. Berman

Overview

Bruce Berman focuses his national and international practice on large and complex commercial disputes, appearing as trial counsel, arbitrator, and appellate advocate in federal and state courts throughout the United States and before leading domestic and international arbitration tribunals. He represents U.S. and international clients in disputes spanning mergers and acquisitions, corporate finance, securities, aviation, health law, and intellectual property (copyright, trademark, and unfair competition).

In recent years, Bruce's practice has increasingly centered on major national and cross-border matters. Nationally, he serves both as an arbitrator — on appointment by insurers issuing representation and warranty insurance (RWI) — and as litigation counsel in RWI disputes arising out of M&A transactions, working in court and in arbitration alongside senior retired judges and other industry experts who preside over post-acquisition RWI claims. Internationally, Bruce currently represents Brazilian clients, working with Cayman Islands and English counsel, in litigation pending before the Grand Court of the Cayman Islands; defends a foreign subsidiary of a multinational company in an international arbitration governed by Mexican law; represents an Italian yacht manufacturer in a U.S. federal action tied to a related arbitration in London; and advises a French principal of a global business in a multijurisdictional dispute spanning the United States, the United Kingdom, and France.

Bruce is also a legal scholar and the original author (and now co-author) of the leading Florida state treatise, Berman's Florida Civil Procedure, published annually since 1998 by West Group. He ranks among the most-cited legal scholars in the Florida court system. The Florida Supreme Court recently recognized Bruce as a "perceptive observer" in one of its opinions — one of many landmark procedural rulings and rules changes his scholarship has helped shape.

Bruce has also been recognized by the Florida Supreme Court and the Florida Bar with long-term leadership appointments to numerous committees focused on court proceedings and administration. He has also lectured to the state court trial bench on issues of jurisdiction and venue as part of the faculty of the Florida Conference of Circuit Judges.

Experience

Mergers and Acquisitions

Serving as arbitrator and as litigation counsel in numerous RWI disputes nationwide arising out of M&A transactions, in both court and arbitration proceedings.

Defeating a $30 million negligent appraisal claim for a corporate acquisition and obtaining a seven-figure affirmative recovery against defense costs.

Defending national insurers of sellers' financial and business representations and warranties in multiple post-acquisition cases initiated by strategic and investment purchasers in arbitration proceedings and courts.

Representing the buyer in a lawsuit between two public companies over the consummation of a $1.2 billion acquisition.

Defending public and private company buyers against multimillion-dollar earnout claims.

Representing the parent company of one of the largest cruise lines in the world in defense of a $17 million claim by Israeli and New York brokers arising out of a hostile acquisition in Europe.

Securities Class Actions

Defeated class certification in a $1.5 billion post-merger securities litigation in Georgia state court and sustained the lower court's ruling through appeal and denial of certiorari in the state Supreme Court.

Defended federal and state RICO and common law fraud claims in major class action litigation over one of the largest Ponzi schemes in the Southeast.

International Disputes

Representing Brazilian clients, together with Cayman Islands and English counsel, in litigation pending before the Grand Court of the Cayman Islands.

Defending a foreign subsidiary of a multinational company in an international arbitration governed by Mexican law, arising from a cross-border commercial dispute.

Representing an Italian yacht manufacturer in a dispute with a U.S. purchaser, pursued through arbitration in London while the related U.S. federal action remains pending.

Advising a French principal of a global business in a multijurisdictional dispute implicating the laws and courts of the United States, the United Kingdom, and France, among potentially others.

Representing a major European manufacturer in an international arbitration dispute arising out of a successful joint bid for a $7 billion U.S. government aviation contract.

Defending a major European bank in multiple federal lawsuits in the United States over applications for discovery of foreign documents in aid of litigation in foreign countries.

Representing the European parent company of one of the largest global insurers in the successful transfer of U.S. litigation to Germany.

Health Care

Co-counsel in a hospital's defense of billion-dollar qui tam litigation over alleged Stark Law violations.

Represented a major Florida hospital center and special taxing district in multiple lawsuits as special counsel for sovereign immunity issues.

Defended health care insurers in class action litigation by medical service providers challenging reimbursements.

Coordinated, prosecuted, and defended tens of millions of dollars of payor-provider claims in multiple, related arbitration proceedings before tribunals of the American Health Lawyers Association and the American Arbitration Association.

Bankruptcy

Represented the Federal Deposit Insurance Corp. in a bankruptcy case arising out of the failure of the largest state bank in Florida, at a cost to the Deposit Insurance Fund substantially in excess of $5 billion.

Litigated the right of a joint venturer to sue its former partner/purchaser of the assets of a major aircraft company in bankruptcy, after final approval of a Chapter 11 reorganization plan approving the sale.

Additional Matters

Defended a European aircraft manufacturer in product liability litigation in state and federal courts across the United States arising from fatal accidents in general aviation.

News & Insights

News

Speaking Engagements

"Representations and Warranties Insurance Coverage and Disputes," ARIAS-U.S. Spring Conference, Amelia Island, FL (May 17, 2023)

"Departures From the American Rule on Attorney's Fees," Annual Florida Chapters Conference, The Federalist Society, Lake Buena Vista, FL (February 2, 2018)

"Civil Procedure," Civil Trial Law Certification Review Course, The Florida Bar (2011)

"Civil Procedure," Civil Trial Law Certification Review Course, The Florida Bar (2009)

"International Discovery," International Litigation and Arbitration Update, The Florida Bar, Miami, FL (2006)

Recognition

Honors & Recognitions

The Best Lawyers in America (2013–2027)

Florida Super Lawyers, Super Lawyers Magazine (2009–2026)

Lexology Index (formerly Who's Who Legal) (2014–2020, 2023–2026)

Circle of Excellence Award, Miami-Dade Bar (2023)

Chambers USA (2007–2018)

Most Effective Lawyers Award, Daily Business Review (2017)

Florida Legal Elite, Florida Trend (2011)

Corporate Counsel Edition, Super Lawyers Magazine (2010)

No aspect of this advertisement has been approved by the highest court of any state. See Awards Methodology.

Professional & Community Involvement

Professional & Community Involvement

Much of Bruce's bar service has focused on Florida's court rules and procedures. He chaired the Florida Bar's Civil Procedure Rules Committee and its Rules of Judicial Administration Committee, and he served on its Standard Jury Instructions Committee for Civil Cases. He also served on the Florida Supreme Court's Workgroup on Public Records and its Court Reporter Certification Planning Committee, as well as the Miami-Dade County Circuit Court's Ad Hoc Trial Practices and Procedures Committee.

In the community, Bruce is a member of the Miami-Dade Beacon Council's Aviation Committee. He previously served as president and as a member of the board of directors of Feeding South Florida and was a community board member of the New World Symphony.

Bar Admissions

  • Florida

Court Admissions

  • 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, Southern District of Florida

Education

J.D., Boston University School of Law

MBA, Columbia University

B.A., Williams College

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