Mark R. Osherow

Mark R. Osherow is a Florida Bar Board Certified Specialist in Business Litigation with nearly 30 years of experience. He has practiced for the majority of those years in both state and federal courts throughout Florida. With significant trial and alternative dispute resolution experience, Osherow has taken countless depositions ans served as first-chair in numerous trials, arbitrations and mediations. He serves as a legal advisor for his clients as they assess their business risks across a large segment of industry and service providers.

Mr. Osherow was recently selected by his peers for inclusion in The Best Lawyers in America for 2018 in the field of Business Litigation. This is the fifth year in a row that Mr. Osherow has achieved this recognition. Mr. Osherow has also been included in the listing of the 2017 Top 100 Miami Area Super Lawyers.

His practice encompasses a wide range of business and commercial litigation matters in a variety of areas, including trade secret and non-compete litigation, real estate, construction, fraud, business torts, securities, labor and employment, professional liability, and corporate, partnership and bankruptcy-related disputes.

He is also well-versed in probate litigation and other matters related to estate planning and trusts. Osherow’s experience also includes consumer protection and class actions, products liability, actions involving judicial dissolution of corporate entities and partnerships, insurance coverage and ERISA benefits litigation issues.

Osherow is well versed in federal practice, having handled cases involving Title VII, Section 1983, FLSA, ADA, FMLA Computer Fraud and Abuse (CFAA), and claims under many other state and federal employment related statutes, as well as claims involving many sorts of governmental liability claims. He has substantial experience with class action litigation particularly in the areas of consumer fraud class actions and collective actions under the FLSA.

• Business Litigation
• Commercial Litigation
• EDiscovery

• Free Consultation
• Credit Cards Accepted
• Contingent Fees
  Selected matters only; partial contingencies available in selected matters.
• Rates, Retainers and Additional Information
  Available upon request.

Connecticut

Since 1988

Florida

Since 1994

New Jersey

Since 1990

New York

Since 1989

11th Circuit

Since 1998

Managing Member/Partner

Osherow, PLLC

2017 - Current

Of Counsel

Broad and Cassell

2013 - 2017

Partner

Katz Barron

2011 - 2013

Yeshiva University

J.D. (1988) | Law

1985 - 1988

University of Pennsylvania

B.A. (1985) | Liberal Arts

1983 - 1985

Top 5% of Florida Lawyers

Super Lawyers

2010

Top 5% of Florida Lawyers

Super Lawyers

2009

Top 5% of Florida Lawyers

Super Lawyers

2008

Top 5% of Florida Lawyers

Super Lawyers

2007

Top Up and Comer

South Florida Legal Guide

2005

Broward County Bar Assocaition

Member, Bench Bar Conference Committee

2010 - Current

The Florida Bar

Member, Business Litigation Certification Committee

2009 - Current

South Palm Beach County Bar Association

Director

2006 - Current

New York State Bar  # 2257525

Member

1989 - Current

Florida Medical Malpractice and the Statute of Limitations

The Florida Bar Journal

July, 2003

Counsel Beware: Considerations Before Implementing Florida’s Civil Theft Statute

The Florida Bar Journa;

March, 2003

Recent Amendments to the Summary Judgment and Directed Verdict Standard in Florida Sea Change or Minor Dent?, Zoom

April 20, 2021

South Palm Beach County Bar Association

In a late December 2021 ruling, the Florida Supreme Court adopted the federal summary judgment standard (subject to a proper rule amendment). The Florida Supreme Court, on its own motion, amended Florida Rule of Civil Procedure 1.510(c) effective May 1, 2021, expressly adopting the summary judgment standard articulated by the U.S. Supreme Court in Celotex Corp. v. Catrett, 477 U.S. 317 (1986). In re Amendments to Fla. Rule of Civ. Procedure 1.510., 2020 Fla. LEXIS 2148 (Fla. Dec. 31, 2020).

Florida Bar Board Certified Specialist in Business Litigation

The Florida Bar

Board Certified Specialist in Business Litigation

The Florida Bar

Q. What criteria needs to be met for a defamation of character lawsuit?

November 8, 2022

A: You should consider immediately demanding a retraction and that the information be removed.

A common law claim for defamation requires the unprivileged publication (to a third party) of a false and defamatory statement concerning another, with fault amounting to at least negligence on behalf of the publisher, with damage ensuing. Thomas v. Jacksonville Television, Inc., 699 So.2d 800 (Fla. 1st DCA 1997). A communication is “defamatory” if it tends to harm the reputation of another as to lower him or her in estimation of community or deter third persons from associating or dealing with the defamed party. Id. at 803. Defamation actions often raise Constitutional concerns and First Amendment jurisprudence distinguishes between two classifications of plaintiffs: “private individuals” and “public figures.” Private individuals are governed by the common law test as laid out above; as such, they need only allege negligence on behalf of the publisher in order to maintain a defamation action. However, where public figures are concerned, the state’s interest in protecting the defamed subject’s reputation is lessened, and as such, public plaintiffs must allege a higher level of mens rea on behalf of defendant publishers, in order to balance the attendant First Amendment concerns bound up with defamation and public speech. See Mile Marker, Inc. v. Petersen Publishing, L.L.C., 811 So.2d 841, 845 (Fla. 4th DCA 2002); see also Razner v. Wellington Regional Medical Center, Inc., 837 So.2d 437, 442 (Fla. 4th DCA 2002) (“To establish a cause of action for defamation, a plaintiff must show that (1) the defendant published a false statement about the plaintiff, (2) to a third party, and (3) the falsity of the statement caused injury to the plaintiff.”). ... Read More

Q. Personal representative for deceased relative

October 10, 2022

A: Florida Statues Section 733.302:

Who may be appointed personal representative.—Subject to the limitations in this part, any person who is sui juris and is a resident of Florida at the time of the death of the person whose estate is to be administered is qualified to act as personal representative in Florida.

The Probate Code gives preference in the appointment of a personal representative in the event of either testate or intestate estates. For an estate with a valid will, preference is given to the personal representative named in the will, or a person selected by a majority of interested persons, or a devisee of the decedent. Under Florida Statute § 733.301, for estates without a will or with an invalid will, preference is given to the surviving spouse, then to a person selected by a majority of the interested parties, and then to the heir nearest in degree to the decedent.

733.303 Persons not qualified.—

(1) A person is not qualified to act as a personal representative if the person:

(a) Has been convicted of a felony.

(b) Has been convicted in any state or foreign jurisdiction of abuse, neglect, or exploitation of an elderly person or a disabled adult, as those terms are defined in s. 825.101.

(c) Is mentally or physically unable to perform the duties.

(d) Is under the age of 18 years.

(2) If the person named as personal representative in the will is not qualified, letters shall be granted as provided in s. 733.301.

733.304 Nonresidents.—A person who is not domiciled in the state cannot qualify as personal representative unless the person is:

(1) A legally adopted child or adoptive parent of the decedent;

(2) Related by lineal consanguinity to the decedent;

(3) A spouse or a brother, sister, uncle, aunt, nephew, or niece of the decedent, or someone related by lineal consanguinity to any such person; or

(4) The spouse of a person otherwise qualified under this section.

History.—s. 1, ch. 74-106; s. 63, ch. 75-220; s. 6, ch. 79-343.

There are other relevant provisons of the Probate Code as well that should be reviewed. ... Read More

Q. Is it possible to create only one original contract copy by executing in counterpart?

September 27, 2022

A: Interesting question. If the contract says it can be executed in counterparts it can be signed on separate documents. Probably would be valid if executed like that even without specifically so stating. Technically, each of the signed originals in full when placed together would be the original. If the separate pages are initialed then they should be included. Frequently, one of the parties adds all the signature pages and creates a separate original draft containing all of the signatures and then circulates that as the final executed draft. If there is any doubt, include all of the pages from each signed original.