Practices

Alternative Dispute Resolution

When disputes arise, many businesses and organizations find mediation can be a more effective solution than litigation. Let Marks Gray attorneys navigate the challenging circumstances so you get back to running your business. Our group of experienced mediators includes several attorneys who have been certified by the Florida Supreme Court for mediation.

     Attorneys:

     Marianne L. Aho

     Nicholas V. Pulignano, Jr.
     James C. Rinaman, Jr.

Appellate

Our attorneys combine trial experience with the ability to handle the procedural and substantive complexities inherent in appellate practice. The diversity of the firm's general civil practice allows us to serve our clients' appellate needs in a wide variety of areas. Because many appellate issues benefit from early attention long before an appeal is imminent, our appellate practitioners are available to provide guidance through all phases of litigation, particularly in preserving error at the trial level and in litigating post-trial motions.

     Attorneys:
     Susan S. Erdelyi

     Robert C. Gobelman

     Michael D. Kendall 

     Meagan L. Logan

     Ronald S. Wasilenko 

Banking and Finance

Like the financial capital required to start a business, we work to provide critical intellectual capital for your organization’s success. Whether you’re looking to expand through additional financing, working to secure a loan or seeking advice on business funding options, Marks Gray attorneys can assist lenders and borrowers in all aspects of banking and finance. Our services include review and preparation of loan documents, advising borrowers on sources and nature of available financing, and assisting both lenders and borrowers in negotiating financing terms.

     Attorneys:
     Frederick H. Kent, III
     John B. Kent
     Nicholas V. Pulignano, Jr.
     Gerald W. Weedon

Bankruptcy and Creditor's Rights

Attorneys in the Bankruptcy practice group provide the resources to address even the most intricate issues affecting your business. We offer representation in the areas of creditor rights, major work-outs and reorganizations, both in and out of bankruptcy. The firm has represented bankruptcy trustees, receivers, institutional lenders, banks, finance companies and other creditor's in bankruptcy courts throughout Florida. The firm has represented creditor's in all facets of bankruptcy practice, including motions for relief from stay, motions to compel assumption or rejection of executory contracts and complaints to deny discharge or except a debt from discharge. The firm also has represented court appointed receivers in state court foreclosures and liquidations, and has drafted a "Receiver's Handbook" to assist clients in fulfilling their duties as receivers.

     Attorneys:

    Michael B. Bittner

    Robert C. Gobelman

    Nicholas V. Pulignano, Jr

    Gerald W. Weedon.

Business and Corporate Law

Marks Gray is equipped with the knowledge and experience to address all of your organizations legal needs. As a mid-sized firm, we have built a reputation for responsiveness. Our Business team represent corporate and individual clients in forming, growing, buying and selling businesses, in preparing and reviewing leases, sales contracts and other legal contracts, preparing employment and shareholder agreements, maintaining corporate records and minutes, consulting on environmental issues, advising clients on tax, zoning and lien matters, and in many other related matters.


Marks Gray attorneys have extensive experience throughout the range of business and real estate litigation, with representative areas including bankruptcy, business contracts, business torts, construction law, government contracts, non-compete agreements, premises liability, property title disputes and zoning issues.

     Attorneys:
     Michael B. Bittner

     Giselle Carson

     John R. Crawford

     Robert C. Gobelman

     Michael D. Kendall     

     Frederick H. Kent, III

     Nicholas V. Pulignano, Jr.
     Gerald W. Weedon

        

Commercial Litigation

Marks Gray attorneys have vast experience in commercial litigation, from representing large national and international corporations to small businesses and individuals. Marks Gray attorneys provide its business clients with direction on complex disputes to protect themselves and their assets. Our team has both the experience and skills to effectively handle commercial disputes of all types, including simple breach of contract actions, misuse of intellectual property and complex banking and corporate matters. Our strong commercial litigation practice includes trial and appellate counsel, arbitrators, and mediators.

     Attorneys:
     Jeptha F. Barbour
     Michael B. Bittner
     Stephen B. Gallagher

     Robert C. Gobelman
     Michael D. Kendall
     Frederick H. Kent, III

     Nicholas V. Pulignano, Jr.
     James C. Rinaman, Jr.
     Gerald W. Weedon

     

Construction Litigation

Our attorneys represent private and public owners, contractors, subcontractors, design professionals and supplier in a wide range of construction matters. Our team provides counsel on matters such as construction deficiencies, delay claims, performance and payment bonds, mechanic liens, and issues surrounding construction materials, ladders, scaffolding and more.

    Attorneys:
    Jeptha F. Barbour

    Michael B. Bittner

    Stephen B. Gallagher

    Meagan L. Logan

    Michael D. McCoy

    Nicholas V. Pulignano, Jr.

    Gerald W. Weedon

    

Elder Law

Our attorneys are well versed in legal issues that affect the elderly. Because of the growing complexity of our legal system, many actions taken by older people may have unintended legal ramifications. The Marks Gray Elder Law tem has a broad understanding of the laws and government regulations that may impact a given situation involving the elderly.

Click here for more information about Elder Law.

  Attorneys:
   John R. Crawford

Employment and Labor Law

Labor and employment issues can affect the entirety of an organization f not addressed with care and expertise. Marks Gray attorneys bring decades of experience in the representation of employers and management in such matters as employment discrimination, workers compensation claims, wrongful termination, sexual harassment, civil rights, and E.R.I.S.A. claims.

     Attorneys:
     Edward L. Birk
     Susan S. Erdelyi
     Allison H. Hauser

     Michael D. Kendall

     Heath L. Vickers

Government Liability

The firm frequently represents local government and private clients in consultation and litigation on the local government liability matters, such as; police liability, civil rights, land use, cell tower law and Bert Harris claims.

     Attorneys:
     Jeptha F. Barbour

     Michael B. Bittner
     Susan S. Erdelyi

     Stephen B. Gallagher
     Michael D. Kendall

     Meagan L. Logan

     Michael D. McCoy

     Tyler L. Oldenburg

     L. Johnson Sarber, III

     Heath L. VIckers

     Ronald S. Wasilenko

Immigration and Naturalization

Marks Gray Immigration team provides employers, employees, and individuals with responsive, efficient and creative service to address the many complexities of immigration and naturalization law. Our services include preparation of all temporary visa petitions (such as H-1B, L-1, E-2, TN, O, P, and K visas), applications for permanent residence, citizenship and naturalization, immigration policy guidance and compliance with I-9, E-verify and other employment verification matters.


Through our expertise in the field, we guide our clients through a variety of complex immigration and naturalization issues. These include preparation for governmental agency I-9 audit, certification of employment verification requirements, hiring foreign-born individuals, or making an investment in an American company as a foreigner.


Our team is multicultural and our lead attorney has first-hand experience with immigration to our country. Our immigration group works in conjunction with leading attorneys in the fields of employment, business, corporate law and litigation. If other issues begin to impact your immigration case, Marks Gray is able to leverage the strengths of other teams in our firm. This integrated approach can decrease clients' cost and time.

Click here for more information about our immigration and naturalization practice group.

     Attorneys:
     Giselle Carson

Insurance Coverage/ Bad Faith Law

Marks Gray's Insurance team represents clients in the insurance industry with  a range of matters including; regulatory, compliance, transactional and dispute resolution matters. The team provides insurance clients with coverage analysis and advice, defense in first-party and third-party extra-contractual disputes, litigation and dispute resolution. In the current environment of bad faith claims, the Marks Gray team is experienced in negotiating and litigating complex issues, large and small, for insurance organizations.

     Attorneys:
    Robert C. Gobelman

     Michael D. Kendall

     Meagan L. Logan
     James C. Rinaman, Jr.

     L. Johnson Sarber, III
     Gerald W. Weedon

 

Life, Health, Disability and E.R.I.S.A.

Marks Gray attorneys provide guidance on employee benefits and policy for corporations large and small.. The complexity of benefit programs can be simplified with our experience and expertise in this field. Our team assists organizations with everything from Plan compliance and maintenance, employee benefits, E.R.I.S.A. and ESOP.

     Attorneys:
     Jeptha F. Barbour

     Edward L. Birk
     Stephen B. Gallagher
     Allison H. Hauser

     Heath L. VIckers

Media Law

Our attorneys represent news media in handling the wide range of issues that affect their unique business. These issues include protecting First Amendment guarantees, blocking unwarranted subpoenas, ensuring open courts, and counseling to prevent invasion of privacy and defamation. Our attorneys can be available for on-call counsel and can also appear frequently in news reports to provide authoritative commentary on various issues of public concern.

     Attorneys:
     Edward L. Birk
     Susan S. Erdelyi

 

Medical Liability

Our trial counsel has many years of experience representing health care establishments and professionals facing issues such as negligence. We work with hospitals, physicians, dentists, nurses and other health professionals and facilities in all phases of medical related litigation, including appearing before state regulatory agencies.

     Attorneys:
     Jeptha F. Barbour

     Michael B. Bittner
     Giselle Carson
     William M. Corley
     Stephen B. Gallagher

     Michael D. Kendall

     Mary B. Love

     Michael D. McCoy

     Tyler L. Oldenburg
     James C. Rinaman, Jr.

     Ronald S. Wasilenko

     Heath L. VIckers

Nursing Home and Assisted Living Facilities

We have extensive litigation and medical expertise to resolve and address issues affecting nursing homes and assisted living facilities, including assisting in safeguarding their staffs to exposing protected health information.

     Attorneys:
     Jeptha F. Barbour

     William M. Corley

     Giselle Carson

         Mary B. Love

     Nicholas V. Pulignano, Jr
    

Probate and Guardianship

Our experienced probate attorneys can help to ensure that the estate of your loved one is administered with ease, care and compassion. We can assist you in interpreting any documents left behind and direct you in carrying out the deceased’s instructions in an efficient and cost-effective manner.

We can also assist families in cases where a loved one is no longer able to handle financial and legal matters. We will advise you on all of the alternatives available to you. Where a legal guardianship is the best option available, our attorneys can guide you through the court requirements to establish the guardianship and administer it.

     Attorneys:

     John R. Crawford

     Michael D. Kendall

     Nicholas V. Pulignano, Jr.

     Gerald W. Weedon

 

Products Liability

Marks Gray attorneys have significant experience in the defense of a variety of liability claims involving such diverse products as automobiles, airplanes, aviation equipment, medical devices, medical products, chemicals, industrial machinery, consumer products and sports equipment. We can work with clients facing challenges related to product recalls, Food and Drug Administration approval withdrawal and class action suits. The firm has considerable experience in the defense of mass tort claims including asbestos, breast implants, orthopedic bone screws, and other medical device and pharmaceutical claims.

     Attorneys:
     Marianne L. Aho
     Jeptha F. Barbour

     Edward L. Birk    

     Michael B. Bittner

     William M. Corley
     Robert C. Gobelman

     Meagan L. Logan

     Mary B. Love

     Michael D. McCoy

    James C. Rinaman, Jr.

     L. Johnson Sarber, III

     Heath L. VIckers

     Ronald S. Wasilenko

     Gerald W. Weedon

Professional Liability

Marks Gray attorneys represent doctors, lawyers, accountants, architects, engineers, insurance agents and other professionals. Our areas of expertise include resolving and addressing issues of possible negligence and violations of local, state and federal administrative agent and board regulations. In addition, we frequently represent doctors, insurance agents and other professionals in administrative hearings and disputes.

     Attorneys:
     Marianne L. Aho

     Jeptha F. Barbour

     Edward L. Birk

     William M. Corley

     Stephen B. Gallagher

     Robert C. Gobelman

     Mary B. Love

     Michael D. McCoy
     James C. Rinaman, Jr.

     Ronald S. Wasilenko

Professional Licensing

Our attorney's offer experienced representation for lawyers, doctors, architects, engineers and other professionals who are facing disciplinary actions or other ethics litigation. Our team defends professionals in all manner of disputes, whether facing a grievances or an ethics investigation that could threaten their professional license.

     Attorneys:
    Jeptha F. Barbour

    Michael B. Bittner

    Mary B. Love

    Michael D. McCoy

Real Property

The Real Estate team at Marks Gray provides representation in all facets of the acquisition, development, leasing, management and sale of commercial real estate, permanent and construction financing, loan workouts and restructuring, preparation and review of contracts, review and issuance of title insurance, residential real estate, Section 1031 exchanges and matters relating to mortgage and lien foreclosures, construction and lien disputes, landlord and tenant issues, real estate partnerships, zoning, hazardous waste remediation and eminent domain.

The firm’s practice includes all aspects of commercial real estate, representing the needs of buyers, sellers, landlords, tenants, developers, lenders, borrowers, architects and contractors. Our services also include advice and assistance in negotiating the purchase and sale of property, preparation of necessary contracts, assisting with closing, assisting with leases, with matters relating to mortgage and lien foreclosures, construction and lien disputes, tenant evictions and problem loan workouts.

     Attorneys:
     Michael B. Bittner
     Frederick H. Kent, III
     Nicholas V. Pulignano, Jr.
     Gerald W. Weedon

Retail and Premises Liability

For many years, the Marks Gray Premises Liability team has represented and defended at trial retail establishments, businesses and a multitude of other property and premises owners against claims of injury, death or damage occurring on those properties. Our experience includes cases involving issues such as; slip-and-falls, falling objects, security, third-party crimes and food-borne foreign objects and illnesses.

     Attorneys:

     Marianne L. Aho

     Jeptha F. Barbour

    Michael B. Bittner

    William M. Corley

    Stephen B. Gallagher

    Michael D. Kendall

    Mary B. Love

    Meagan L. Logan

    Michael D. McCoy

    L. Johnson Sarber, III

    Heath L. VIckers

    Gerald W. Weedon

  

Securities Litigation and Arbitration

Marks Gray is proud to have represented some of the nation’s most prominent broker dealers in a variety of litigation and non-litigation organizational matters, including defense of customer complaints, defense of employment disputes, enforcement of financial consultant non-compete agreements, enforcement of arbitration agreements, and other regulatory and compliance matters.

Our founding partner Sam Marks (1885-1973) was a boyhood friend of Charles E. Merrill, a founder of Merrill Lynch, Pierce, Fenner & Smith, Inc., and consequently the firm has represented Merrill Lynch for many years. Today, the firm represents not only Merrill Lynch, but also several other national and regional broker dealers. The firm also represents individual financial consultants in defending customer complaints, in employment matters, and in registration and regulatory issues relating to customer complaints. On occasion, the firm has represented individual customers in securities related disputes.

Our attorneys appear in all Florida state and federal courts, and throughout the country in arbitration proceedings before FINRA and the NYSE. The head of our securities practice, Nick Pulignano, also serves as a panel arbitrator for FINRA and AAA. Marks Gray is a member of the Securities Industry Association - Law and Compliance Division.

     Attorneys:
     Edward L. Birk

    John R. Crawford

     Robert C. Gobelman

     Nicholas V. Pulignano, Jr.

Tax Planning & Controversies/ Taxation & Succession

Our Tax team is chaired by a Florida Bar Board Certified in Tax Law attorney. The Tax team stresses preventative tax and financial planning to all of the businesses and individuals it serves. Utilizing extensive experience before state and federal taxing authorities, Marks Gray attorneys help to guide you through the intricate details of the tax codes and regulations and when possible, negotiate with government tax auditors and tax counsel on how to achieve the optimal results for our clients.

     Attorneys:

     John R. Crawford

     John B. Kent

     Tyler L. Oldenburg

Trucking and Transportation

Marks Gray's lawyers have vast experience in representing a variety of trucking and transportation organizations, including freight haulers, shippers of commodities, interstate and intrastate trucking companies, airlines and other transportation entities and their employees. Our experience includes litigating insurance coverage questions, accident litigation and all aspects of commercial disputes relating to the transportation industry. We can assist you with everything from meeting state qualification requirements for drivers, to compliance with Florida Department of Transportation and Interstate Commerce Code standards.

     Attorneys:
     Marianne L. Aho
     William M. Corley
    Michael D. McCoy

    L. Johnson Sarber, III

    Heath L. VIckers

    Gerald W. Weedon  

Wills, Trusts, Estate Planning and Wealth Planning

Marks Gray attorneys are experienced in all facets of retirement, trusts and wealth planning. Our lawyers assist clients with comprehensive lifetime planning needs such as; wills, powers of attorney, and medical advance directives. Our Planning team provides counsel on the diversity of programs offered to grow your wealth.

     Attorneys:

     John R. Crawford

     Giselle Carson

     John B. Kent

     Nicholas V. Pulignano, Jr.

     Gerald W. Weedon

Workers' Compensation

Marks Gray attorneys represent employers, carriers and self and market-insured employers at final merits hearings, attorney’s fee hearings, mediations and on appeal. Our practice in this area includes negotiating workers’ compensation liens in third party cases. We are available to assist clients with numerous legal issues, including compliance with Occupational Safety Hazard Association regulations and addressing claims of gross negligence.

     Attorneys:
     Allison H. Hauser

     Michael D. Kendall
     Meagan L. Logan

     Mary B. Love
     Kim L. McCall