HomeMy WebLinkAboutSubmittal-Commissioner Sarnoff-Berger Singerman AttorneysHome Address:
1424 SE 12 Street
Unit 2-2A
Ft. Lauderdale, FL
(954) 240-1786
Personal Data:
Professional:
Private Boards:
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MITCHELL W. BERGER
CURRICULUM VITAE
November 2012
Age: 56
Birthplace:
Marital status:
Four children:
Health:
Business Address:
350 East Las Olas Boulevard
Suite 1000
Fort Lauderdale, FL 33301
(954) 525-9900
Birth date: May 18, 1956.
Brooklyn, New York.
Single
Meredith 30 years old, Scott 27 years old,
Amanda 25 years old, and Alex 20 years old.
Excellent.
Founder of Berger Singerman LLP, a full service business law firm, with offices in Fort
Lauderdale, Miami, Tallahassee and Boca Raton, Florida. Presently 75 lawyers in firm
(1985-present). Served as its Chairman from its founding in 1985 until 2012; currently
serving as its Co -Chair.
Partner, Berger & Berger, a law firm in Chattanooga, Tennessee (1980-1985).
Clerk, Alan C. Sundberg, then -Chief Justice of Supreme Court of Florida (1980).
Admitted to practice before the United States Supreme Court, the United States Court
of Appeals (3, 6`h and 1 Circuits), the United States District Court (Southern
District of Florida, Middle District of Florida, Northern District of Florida, Eastern
District of Tennessee, and District of New Jersey), the United States Court of Federal
Claims, the United States Tax Court, the United States Bankruptcy Court for the
Southern District of Florida, and all state courts in Florida, New Jersey and Tennessee.
Chair of the Student Loan Marketing Association (Presidential Appointment)
(August, 1998 - July, 2001).
- Elected as Vice Chairman (1995 - 1996).
- Appointed as a Director (Presidential appointment) (March, 1994 - July, 2001).
Oversaw initial privatization of the government sponsored enterprise.
Member of Coastal Physician Services Board of Directors 1997 - 1998).
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record in connection with
items D1.4 on 01-24-13
Todd B. Hannon
City Clerk
Public Boards
and Commissions:
Charitable and
Educational Boards:
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Member of the Governing Board of the South Florida Water Management District,
appointed by Governor Lawton Chiles and confirmed by the Florida State Senate
(1997 - March, 2001).
- Chair, Audit Committee of South Florida Water Management District (1999 -
March, 2001).
Member, Broward County Water Advisory Board (1999 - March, 2001).
- Member, Governors Commission for a Sustainable South Florida (1997 - 1999).
- Co -Chair Natural Resources Subcommittee.
Member, Florida Keys Advisory Board (1997 - 1999).
- Environmental Merit Award 2000 from the United States Environmental
Protection Agency Region 4, for appreciation and recognition of outstanding
environmental stewardship — awarded to the District (2000).
Member of the United States Small Business Agency Advisory Board (1996 - 1998).
Commissioner on the Florida Environmental Commission. Appointed twice by
Governor Lawton Chiles, and confirmed by the Florida State Senate (1991 - 1997).
Member of the Environmental Financial Advisory Board to the United States
Environmental Protection Agency (1993 - 1995).
Co -Chair of the Community Relations Committee for the Summit of the Americas,
Miami, Florida. Appointed by Governor Lawton Chiles (1994).
Member of President Clinton's Transition Team, Personnel, U.S. Environmental
Protection Agency and Department of the Interior (1992 -1993).
Member of the Broward County Management Review Commission (1989 - 1991).
Member of the Board of Trustees Nova Southeastern University (November 2006 -
present).
Audit Committee, Strategic Planning Committee, Executive Committee,
Chair - Litigation Committee
Member of the Board of Governors of Nova Southeastern University Shepard
Broad Law Center (2002 - present).
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Todd B. Hannon
City Clerk
Member of the Board of Governors of Nova Southeastern University
H. Wayne Huizenga School of Business and Entrepreneurship (1991 -
present).
Member of the Advisory Board to the Master's Program in Real Estate
Development and Management being offered by Nova University (1989 -
1990).
Member of the Committee Regarding Fort Lauderdale Federal Courthouse (July 2009 -
present)
Member of the Federal Judicial Bar and Community Liaison Committee (June 2009 -
present)
Trustee of the Florida Supreme Court Historical Society (June 2008 - present).
Member of the Florida Supreme Court's Task Force on Management of Cases
Involving Complex Litigation (September 2006 - present)
Member of the Jury Instructions Committee (2006 - present).
Alumni Associate Member of the Trustee Committee on Development and Alumni
Affairs of Lafayette College (May 2006 - present).
Member of the Board of Visitors of Temple University School of Law (2001 - present).
Member of the Board of The Nature Conservancy of Florida (2001 - 2008).
Chairman of the Fundraising Committee of the Inter -American Development Bank
(IDB) 2008 Miami Host Committee.
Member of the Board of Trustees, North Broward Preparatory Schools (2006 - 2008).
Member of the Florida Atlantic University Broward Advisory Board (1996 - 2001).
Counsel to the Broward Community Health Purchasing Alliance (CHPA) (1994 -
2000).
Member of the Boys and Girls Club of Broward County Capital Campaign Cabinet
(1996 - 2000).
Chairman of the Continuing Legal Education Committee, Chattanooga Bar Association
(1982 - 1984).
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Todd B. Hannon
City Clerk
Political: Co -Leader of the Campaign For Change (National Democratic Coordinated Campaign)
(2008), Member of the National Finance Board of Obama Victory Fund (2008).
Candidate as Presidential Elector (2004).
Co -Chair of the Democratic National Committee Battleground Victory Fund (2004).
Co -Chair of the National Finance Board, Joe Lieberman For President (2004).
Chair of the Federal Victory Fund, Democratic National Committee (2000).
Delegate to the Democratic National Convention (2000).
Candidate as Presidential Elector (2000).
Senior Advisor to the Gore 2000 Campaign.
Finance Chair of the Florida Democratic Party (1994 to March, 1997, and 2001 -
2002).
Co -Chair of the National Finance Council of National Democratic Committee (1994 -
March, 1997).
Presidential Elector (1996).
Delegate to the Democratic National Convention (1996).
Awards and Honors: Named 2010 Entrepreneur of the Year by Nova Southeastern University School of
Business and Entrepreneurship (2010).
Named one of the top 10 Lawyers of the Decade by the South Florida Legal Guide
(2010).
Berger Singerman, P.A. was named Business of the Year in Professional Services
category in the South Florida Business Journal (2008).
Berger Singerman, P.A. was named winner of Good to Great Award by the tri-county
Chambers of Commerce of Miami -Dade, Broward and Boca Raton (2006).
Berger Singerman, P.A. was named 2005 Business of the Year in the Legal Services
category in the South Florida Business Journal (2005).
Excellence Award, South Florida Water Management District (March, 2001).
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Todd B. Hannon
City Clerk
Education:
Scholarships
And Grants:
Publications:
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Co -Lawyer of the Year, National Law Journal (2000). Featured in the HBO movie
"Recount," a depiction of the 2000 Presidential election lawsuit (May, 2008).
Distinguished Lecturer at Nova Southeastern H. Wayne Huizenga School of Business
and Entrepreneurship (2000).
Recipient of Lawrence J. O'Brien Award from the National Democratic Party (1995).
Recipient of Hubert H. Humphrey Award from the Florida Democratic Party (1995).
Mitchell Berger is designated as a top lawyer by Chambers, Best Lawyers in America,
Martindale -Hubbell and Super Lawyers.
Temple University Law School, Juris Doctor - 1980
1977 - 1980. Member Temple Law Quarterly.
Chancellor Tau Epsilon Rho; Staff Member, The Jurist.
Treasurer Student Bar Association.
Lafayette College, Bachelor of Arts - 1977.
1973 - 1977, Magna Cum Laude. Member Omicron Delta Epsilon, The International
Economics Honor Society;
Treasurer Student Government; Student member Board of Trustees; Varsity Letterman
- Swimming.
Judge Joseph Sloan Student Aid Award, Temple University Law School.
New York State Regents Scholar (declined).
The Constitutional Implications of Government Funding for Florida's Primary Voting
Process: Is It Constitutionally Permissible to Publicly Fund the Two Major Parties'
Primaries to the Exclusion of All Other Political Parties?," Mitchell W. Berger and
Gregory A. Haile, 33 NovA L. REv. 1 (Fall 2008).
Cheney's Claims Could Expose Him to Suit — Mitchell W. Berger and Gregory A.
Haile. American Constitution Society For Law and Policy Blog (July 2, 2007).
Passion for giving. Smart Business Magazine (January 2006).
Attracting Bio-Tech Talent - Mitchell W. Berger, Smart Business (April 2006).
Antitrust Law: Class Action Certification - Mitchell W. Berger and Rene Harrod,
National Law Journal (July 11, 2005).
Presidential Elections — The Right to Vote and Access to the Ballot, John B. Anderson,
Mitchell W. Berger & Grace E. Robson, 29 NOVA L. REv. 3 (Spring, 2005).
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Todd B. Hannon
City Clerk
Election 2000: The Law of Tied Presidential Elections, Mitchell W. Berger & Candice
Tobin, 26 NOVA L. REV. 3 (Spring, 2002).
Comment: The Brethren The Jurist, Temple University School of law, Vol. 2, Spring
1980.
Freight Railroads: Too Little Too Late For a Deteriorating Industry? The Jurist,
Temple University School of Law, Vol. 1 Spring 1979.
REPRESENTATIVE REPORTED CASES:
Supreme Court of Florida:
McKenzie Check Advance of Florida, LLC v. Betts, 928 So.2d 1204, (Fla. 2006)
NAACP, Inc. v. Florida Bd. of Regents, 863 So.2d 294, (Fla. 2003)
Albert Gore, Jr. and Joseph I. Lieberman v. Katherine Harris, et al., 772 So. 2d 1243 (Fla. 2000), certiorari and
stay granted Bush v. Gore, 531 US 1046, 121 S. Ct. 512, 148 L. Ed. 2d 553 (Fla. 2000), reversed and remanded
Bush v. Gore, 531 US 98, 121 S. Ct. 525, 148 L. Ed. 388 (Fla. 2000), on remand Gore v. Harris, 773 So. 2d 524
(Fla. 2000)
Palm Beach County Canvassing Board v. Katherine Harris, Volusia County Canvassing Board v. Katherine
Harris and Florida Democratic Party v. Katherine Harris, 772 So.2d 1220 (Fla. 2000),cert. granted Bush v. Palm
Beach County Canvassing Bd., 531 US 1004, 121 S. Ct. 510, 148 L. Ed. 2d 478 (Fla. 2000), vacated Bush v. Palm
Beach County Canvassing Bd., 531 US 70, 121 S. Ct. 471, 148 L. Ed. 2d 366 (Fla. 2000), on remand Palm Beach
County Canvassing Bd. v. Harris, 772 So.2d 1273 (Fla. 2000)
Kinney System, Inc. v. The Continental Insurance Company, 674 So.2d 86 (Fla. 1996)
Supreme Court of Georgia:
Boca Petroco, Inc., et al. vs. Petroleum Realty II, LLC, 678 S.E.2d 330 (2009)
United States Courts of Appeals:
Valley Drug Co. v. Geneva Pharmaceuticals, Inc., 344 F.3d 1294, (11th Cir. 2003)
Valley Drug Co. v. Geneva Pharmaceuticals, Inc., 350 F.3d 1181, (11th Cir. 2003)
Capitol Funds, Inc. v. Arlen Realty, Inc., 755 F.2d 1544 (11th Cir. 1985)
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Todd B. Hannon
City Clerk
State Intermediate Appellate Courts:
Elston/Leetsdale, LLC v. CW Capital Asset Management LLC, 87 So.3d 14 (Fla. 4th DCA 2012)
Reuter Recycling of Florida, Inc. v. City of Hallandale, Florida, 2008 WL 4862552 (Fla. 4th DCA 2008)
Blandin v. Bayport Condominium Association, 988 So.2d 666 (Fla. 4th DCA 2008)
Boca Petroco, Inc. v. Petroleum Realty I, LLC, 993 So.2d 1092 (Fla. 4th DCA 2008)
Florida Democratic Party v. Hood, 884 So.2d 1148, (Fla. Dist. Ct. App. 1st 2004), cert. denied, 888 So.2d 622 (Fla.
2004)
Reuter Recycling of Florida, Inc. v. City of Dania Beach, 859 So.2d 1271 (Fla. 4th DCA 2003)
Blackpool Assocs. v. SM-106, Ltd., 839 So.2d 837, (Fla. 4th DCA 2003)
Jenne v. Church & Tower, Inc., 814 So.2d 522, (Fla. 4th DCA 2002)
Miami -Dade County Democratic Party and Florida Democratic Party v. Miami -Dade Canvassing Board,
Lawrence D. King, Myriam Lehr, David C. Leahy and The Republican Party of Dade County, 773 So.2d 1179,
(Fla. 3`d DCA 2000)
Optiplan, Inc. v. School Board of Broward County, 710 So.2d 569 (Fla. 4th DCA 1998)
State of Tennessee v. Willie Eugene Fox, 701 S.W. 2d 233 (Tenn. Crim. App. 1985)
State of Tennessee v. Michael Lee Sammons, 656 S.W. 2d 862 (Tenn. Crim. App. 1982)
Federal District Courts:
Joseph Corbett v. Beneficial Ohio, Inc., 847 F.Supp.2d 1019 (S.D. Oh. 2012)
New Motor Vehicles Canadian Export Antitrust Litigation, 269 F.R.D. 80 (D. Ma. 2010)
Waters v. International Precious Metals Corporation, 172 F.R.D. 479 (S.D. Fla. 1996) (Mr. Berger was the Special
Master in this case)
Dorothy McBride, et al. v. Galaxy Carpet Mills, Inc., et al., 920 F. Supp. 1278 (N.D. Ga. 1995)
United States Bankruptcy Court:
Susan Marie Harris v. Ben -Ezra & Katz, P.A., et al. 458 B.R. 591 (N.D. Fla. 2011)
In Re: David S. Ziluck and Brenda L. Ziluck, 139 B.R. 44 (Bankr. S.D. Fla. 1992)
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Todd B. Hannon
City Clerk
Associate
(954) 712-5104
pfigg@bergersingerman.com
350 East Las Olas Boulevard
Fort Lauderdale, FL 33301
Tel: (954) 525-9900
Fax: (954) 523-2872
Practice Team
• Government and Regulatory
Practice Areas
• Aviation
• Government Disputes
• Government Permitting and
Licensing
• State and Local Government Law
• Sustainable Development and
Green Building
Admitted to Practice
• Florida
Education
• J.D., University of Florida Frederic
G. Levin College of Law
• B.A., Philosophy/English, magna
cum laude, University of South
Florida
Submitted into the public
record in connection with
items Di.4 on 01-24-13
Todd B. Hannon
City Clerk
BERGER S.INGERMAN
Paul S. Figg
Serving as an Assistant County Attorney in Broward County, Paul
Figg gained extensive experience in construction litigation,
constitutional law and employment law including litigating cases
involving intergovernmental conflicts, construction disputes, labor
disputes and disciplinary proceedings, employment
discrimination, personal injury, equitable subrogation, bid
protests, Bert J. Harris Act and constitutional rights claims.
Additionally, his experience includes advising private clients, local
government and county agencies on issues involving land use,
intergovernmental disputes, taxation, employment and labor
disputes, public records and meetings laws and elections. Paul is
also experienced in constitutional litigation including issues
involving due process, free speech and the establishment clause.
Representative Experience
• Currently serves as Assistant Airport Legal Counsel to the
Boca Raton Airport Authority, and in connection with such
representation, has prepared various
resolutions, regulations, and bylaws, along with the
Airport's procurement code, sign standards and other
organic documents.
• Represented the owner of one of the largest mobile home
parks in South Florida, and coordinated the closing of the
mobile home park and plans for re -development of the
land while lobbying against efforts on the part of the Town
of Davie to attempt to pass on the relocation expenses of
residents to the mobile home park owner.
• Represents The GEO Group, Inc., in connection with the
negotiation of water and wastewater service agreements
with the City of Moore Haven, Desoto County, City of
Milton, the Village of Baldin, MI, and Webber Township,
MI.
• Represented Metro Cruise Services in connection with
their efforts to obtain a franchise to perform stevedoring
services at Port Everglades, and in connection therewith
assisted in litigation pursuant to 42 USC s. 1983 on the
Commerce Clause and the Public Records Laws.
• Represented the Dade County Classroom Teacher's
Association in appeal of property tax assessments levied
against the Association as a good faith purchaser of real
property and secured a tax reduction in excess of
$300,000
• Serve as general counsel for Florida High Schools for
Accelerated Learning in Broward and Palm Beach
Counties
• Represent SMG, the company that manages the Greater
Fort Lauderdale/Broward County Convention Center, in
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Todd B. Hannon
City Clerk
BERGER SINGERMAN
connection with vendor contracting and public records
requirements
Professional & Community Involvement
• Board of Directors & Executive Committee of Port
Everglades Association
• Board of Directors, ChildNet
• Builders Association of South Florida Representative,
Broward County Housing Council
• General Counsel, Broward Housing Solutions
• Leaders of Tomorrow
• Chairman, Port Everglades Association Political Action
Committee
Awards & Recognition
• AV® PreeminentTm rated by Martindale -Hubbell
• 2008 - President's Award from the Builders Association
of South Florida (BASF)
• Florida Super Lawyers "Rising Star" (2010, 2012)
Prior Affiliations
• Weiss Serota Helfman Pastoriza Cole & Boniske —
October 2005 to September 2006
• Broward County Attorney's Office — October 2002 to
October 2005
Paul S. Figg, Page 2/2
Partner
(850) 521-6723
DThompson@bergersingerman.com
125 South Gadsden Street
Tallahassee, FL 32301
Tel: (850) 561-3010
Fax: (850) 561-3013
Practice Team
• Govemment and Regulatory
• Dispute Resolution
Practice Areas
• Administrative Hearings and
Appeals
• Complex Commercial Litigation
• Environmental Issues
• Government Disputes
• Government Permitting and
Licensing
• Land Use & Zoning
• State and Local Government Law
Admitted to Practice
• Florida
• U.S. Circuit Court of Appeals for the
Eleventh Circuit
• U.S. District Court for the Northern,
Middle and Southern District of
Florida
• U.S. Court of Claims
Education
• J.D., with honors, Florida State
University College of Law
• B.A., Yale University
Submitted into the public
record in connection with
items D1.4 on 01-24-13
Todd B. Hannon
City Clerk
BERGER SINGERMAN
Daniel H. Thompson
Dan Thompson is Board Certified by The Florida Bar as an expert
in State and Federal Government and Administrative Practice.
He assists clients with governmental regulatory matters, with a
particular emphasis on environmental and land use issues. His
experience includes licensing, permitting, enforcement, policy
development, government contracts, bid disputes and assistance
in the transfer and development of environmentally -distressed
property. This can involve negotiation, administrative and civil
litigation, rulemaking, regulatory due diligence, appearances
before legislative and administrative bodies, and such other
activities as are necessary to resolve client problems. Dan's
practice also includes general civil and appellate litigation.
Representative Experience
• Federal court litigation over the scope of Clean Water Act
NPDES permitting requirements associated with the water
management activities of the South Florida Water
Management District
• Administrative litigation over the issuance of
environmental permits to the Florida Department of
Transportation to widen 20 miles of U.S. 1 through
wetlands in the Everglades and Florida Keys
• An arbitration hearing, as arbitrator, over an application by
Tampa Bay Water for environmental permits to construct
a 1100 acre, 15 billion gallon reservoir in Hillsborough
County
• Rule development activities before the Florida
Department of Environmental Protection ("DEP")
(including rule drafting, public hearing participation and
rule challenge litigation) associated with the promulgation
of a numeric phosphorus criterion for the Everglades
• Assisting a major oil company resolve a variety of ongoing
environmental concerns associated with its operation of
oil terminal facilies located in Port Everglades, Tampa and
Jacksonville related to state cleanup program eligibility,
the remediation of leaking tanks and resolution of
stormwater runoff permitting requirements
• Resolving the regulatory and enforcement concerns of
state and local agencies in order to enable a developer to
obtain the necessary authorizations to construct in a cost-
effective manner a major mixed use development on a
20-acre portion of an old municipal landfill located in
Tampa
• While at DER and DEP, chief litigation and legislative
strategist for the State of Florida's response to the so-
called "Everglades Lawsuit," and a leader in negotiations
that resulted in the 1991 Settlement Agreement and the
Daniel H. Thompson, Page 1/3
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Todd B. Hannon
City Clerk
BERGER SINGERMAN
1993 Statement of Principles, as well as the Marjory
Stoneman Douglas Everglades Protection Act (1991) and
the Everglades Forever Act (1994)
Professional & Community Involvement
• Member, The Florida Bar's Chief Justice's Advisory
Committee for the 2012 Tobias Simon Pro Bono Awards
• Member, Board of Trustees of the Apalachee Land
Conservancy
• Immediate Past President, Board of Directors of Florida
Legal Services, Inc
• Member of the Board of Directors of The Florida Bar
Foundation
• Member, Board of Directors of the Bobbin Brook
Homeowners' Association
• Tallahassee Area Director of the Yale Alumni Schools
Committee
• Former Co-chair, Refuge House Capital Campaign
• Former President, Legal Aid Foundation of the
Tallahassee Bar Association
• Formerly a member of the Executive Council of the
Environmental and Land Use Law Section of The Florida
Bar
Awards & Recognition
• Board Certified, State and Federal Government and
Administrative Practice
• Chambers & Partners USA, America's Leading Business
Lawyers, Environment (2007-2012)
• Florida Super Lawyers (2006-2012)
• The Best Lawyers in America (2007-2012)
• Florida Trend Magazine's "Legal Elite" (2007-2008)
• AV® Preeminent rated by Martindale -Hubbell
Articles & Presentations
Recent Articles
• "Environmental Bills in 2012 Session Focused on
Streamlining Processes," Florida Specifier, April 2012
• Treatise on Florida Environmental and Land Use
Law (The Florida Bar, 2012), Chapter 9 (Wetlands and
Surface Waters) and Chapter 11 (Groundwater).
Recent Presentations
• "What is a Chapter 120 Agency," at The Florida Bar
Administrative Law Section 2012 Pat Dore Administrative
Daniel H. Thompson, Page 2/3
BERGER SiNGERMAN
Law Conference (November 2012)
• "Ethical, Legal and Technical Issues Associated with
Reporting Contamination" at The Florida Bar
Environmental and Land Use Law Section Seminar on
Ethical Challenge for the Environmental Lawyer and
Consultant (August 2012)
• "Federal APA: Judicial Review of Agency Action (Scope
and Availability of Judicial Review)," The Florida Bar,
State and Federal Government and Administrative
Practice (SFGAP) Certification Review Course II - Federal
(April 2012)
• Spoken at numerous seminars offered by The Florida Bar,
the American Bar Association, the Florida Chamber of
Commerce, and various other professional, trade and
other organizations.
Prior Affiliations
• Deputy Secretary of the Florida Department of
Environmental Protection and directed its regulatory
divisions and district offices, supervising approximately
1300 employeesFrom (1993-1995).
• Florida Department of Environmental Regulation ("DER"),
as Deputy General Counsel for Enforcement, General
Counsel and Assistant Secretary (1982- 1993).
• Adjunct Professor of Law at the Florida State University
College of Law and was previously employed at Florida
Legal Services, Inc. and Legal Services of North Florida,
Inc.
Daniel H. Thompson, Page 3/3
Submitted into the public
record in connection with
items DI.4 on 01-24-13
Todd B. Hannon
City Clerk