Bruce J. Berman

Experience

Mergers and Acquisitions

• 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.
• Represented the buyer in a lawsuit between two public companies over the consummation of a $1.2 billion acquisition.
• Defended public and private company buyers against multimillion-dollar earnout claims.
• Represented 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

• Represented 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.
• Defended a major European bank in multiple federal litigation in the United States over applications for discovery of foreign documents in aid of litigation in foreign countries.
• Represented the European parent company of one of the largest global insurers in the successful transfer of U.S. litigation to Germany.

Product Liability/Aviation

• 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.

Health Care

• Co-counsel in 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 litigation, 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.

Featured Insights

Litigation and Trials

Bruce Berman and Peter Webster Co-Author 2023 Edition of “Berman’s Florida Civil Procedure”

News

Litigation and Trials

Carlton Fields’ Bruce J. Berman and Peter D. Webster Co-Author 2022 Edition of Trusted Treatise “Berman’s Florida Civil Procedure”

News

Government Law & Consulting

Fla. High Court Codifies the ‘Apex Doctrine’: Discovery Protection for Corporate Decision-Makers

Publication

Recognition

• Circle of Excellence Award, Miami-Dade Bar (2023)
• The Best Lawyers in America, Commercial Litigation (2013–2023)
• Florida Super Lawyers, Super Lawyers Magazine (2009–2022)
• The International Who's Who of Aviation Lawyers (2014–2020)
• Most Effective Lawyers Award, Appellate, Daily Business Review (2017)
• Chambers USA (2007–2018)
• Florida Legal Elite, Florida Trend Magazine (2011)
• Super Lawyers Magazine, National Corporate Counsel Edition (2010)
• Who’s Who in the World, Who’s Who in America, Who's Who Legal – Aviation, Who’s Who in American Law, and Who’s Who in the South and Southwest

Professional & Community Involvement

• The Florida Bar 
  • Standard Jury Instructions Committee — Civil Cases (2000–2007) 
  • Chair, Civil Procedure Rules Committee (1984–2004) 
  • Chair, Rules of Judicial Administration Committee (1988–2002)
• Florida Supreme Court
  • Supreme Court Workgroup on Public Records (2000–2001) 
  • Court Reporter Certification Planning Committee (1995–1998)
• Feeding South Florida
  • President (2008–2010)
  • Board of Directors (2001–2010)
• Miami-Dade County Circuit Court
  • Former Member, Ad Hoc Trial Practices and Procedures Committee 
• Miami-Dade Beacon Council
  • Aviation Committee
• New World Symphony
  • Former Community Board Member

Speaking Engagements

• "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 (2009, 2011)
• “International Discovery,” International Litigation and Arbitration Update, The Florida Bar, Miami, FL (2006)
• Bruce has 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.

Credentials

Background

• Partner, McDermott Will & Emery, Miami, FL
• Partner, Weil, Gotshal & Manges, Miami, FL

Areas of Focus