Charles M. Rosenberg

Overview

Chuck Rosenberg focuses his practice on complex business and commercial litigation involving a wide array of substantive business and legal areas, including antitrust and trade regulation, trade secrets and competition issues, securities, corporate governance, including officer and director liability, real estate law, and employment.

Chuck has tried, argued, arbitrated, and mediated cases in federal and state courts. He has argued cases in the courts of appeals of several states as well as the U.S. Court of Appeals for the Second, Sixth, and Federal Circuits. In 2009, he was certified by the Florida Supreme Court as a mediator.

Experience

Intellectual Property, Antitrust, and Trade Regulation

• Defended suits by and against recording artists and their agents involving disputes regarding royalties.
• Defended and prosecuted claims of copyright infringement in the motion picture and music industries.
• Defended and prosecuted claims of violations of noncompetition, nonsolicitation and nondisparagement covenants.
• Defended price-fixing and illegal tie claims in the motion picture distribution industry.
• Defended and prosecuted patent infringement claims.

Corporate Governance

• Represented special litigation committee of the board of directors of a public corporation in a heavily regulated industry.
• Defended and prosecuted shareholder and limited partner derivative suits.
• Defended corporate officers and directors in connection with claims of corporate waste and the wrongful taking of corporate opportunities.
• Defended and prosecuted actions brought by officers involving allegations of denial of “success fees” and the wrongful termination of employment.

Corporate Acquisitions and Divestitures

• Defended and prosecuted actions brought by purchasers and sellers in both stock and asset transactions claiming misrepresentations as to the value of the assets purchased.

Class Actions

• Defended national health insurance company against claims alleging denial of coverage to a large class of insureds.
• Represented large timeshare company in putative class action removed to federal court under the Class Action Fairness Act of 2005; defeated remand to state court and obtained dismissal of FDUTPA and related claims. Perret v. Wyndham Vacation Resorts, Inc., 846 F. Supp. 2d 1327 (S.D. Fla. 2012) Read PDF; Perret v. Wyndham Vacation Resorts, Inc., No. 0:11-cv-61904, 2012 WL 592171 (S.D. Fla. Feb. 22, 2012) Read PDF.

Real Estate Litigation

Commercial real estate disputes involving shopping center leases, common area maintenance provisions, and brokerage commissions.

• Creative Builders Corp. v. Witte, 33 So. 3d 839 (Fla. 4th DCA 2010). Represented the personal representative of an estate in the appeal of a final judgment in his favor. The Fourth District Court of Appeal affirmed the judgment awarding the personal representative an equitable lien and constructive trust on real property and ordering foreclosure if the lien was not satisfied by a date certain.
• Republic Fed. Bank, N.A. v. Doyle, 19 So. 3d 1053 (Fla. 3d DCA 2009). In a foreclosure action, represented the lender in the appeal of an order by the trial court arbitrarily postponing a foreclosure sale. The Third District Court of Appeal reversed the trial court’s order as an abuse of discretion and as contravening section 45.031(1)(a), Florida Statutes.

Recognition

• Certified County and Circuit Court Mediator by the Florida Supreme Court
• AV Rated by Martindale-Hubbell
• Outstanding Young Citizen Award presented by Cleveland Jaycees
• Panel of Early Neutrals, U.S. District Court for the Northern District of Ohio
• Chair, Subcommittee on Alternative Dispute Resolution, and U.S. Civil Justice Reform Act Advisory Committee, U.S. District Court for the Northern District of Ohio
• Delegate, U.S. Sixth Circuit Judicial Conference
• Delegate, Ohio Eighth District Judicial Conference
• Florida Super Lawyers, Super Lawyers Magazine (2007-2015)
• Top Lawyers, South Florida Legal Guide (2014-2019)

Professional & Community Involvement

• American Academy of Attorney-Mediators Inc. 
  • Graduate, Mediation Training Program
• The Florida Bar
• Miami-Dade County Bar Association 
  • Federal Court Committee
• The Ohio Bar
• U.S. District Court for the Northern District of Ohio
  • U.S. Civil Justice Reform Act Advisory Committee
• Cleveland Bar Association 
  • Chairman, Federal Courts Committee
• Washington and Jefferson College 
  • Board of Trustees
• Graduate, Leadership Cleveland 
• George Washington University Law School Alumni Association 
  • National Board of Directors
• Shaker Heights Public Library 
  • President, Board of Trustees
• Jewish Vocational Service of Cleveland 
  • President, Board of Trustees
• Bellefaire Jewish Children’s Bureau 
  • Treasurer
• Goodwill Industries of South Florida Inc.
  • Board of Directors

Credentials

Background

• Partner, Benesch, Friedlander, Coplan & Aronoff LLP, Cleveland, OH
  • Member of Management Committee
  • Chairman of Trial Department
• Captain, Judge Advocate General's Corps., U.S. Army, Washington, D.C., and the Republic of Vietnam
• Trial Attorney, U.S. Department of Justice, Washington, D.C.

Areas of Focus