Practices

Alternative Dispute Resolution

When disputes arise, many businesses find mediation can be a more effective solution than litigation. Let us navigate these challenging circumstances and help 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

     Stephen B. Gallagher
     Victor M. Halbach, 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

     Stella J. Lane
     Nicholas V. Pulignano, Jr.

Banking & 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 & 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 creditors in bankruptcy courts throughout Florida. The firm has represented creditors 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 drafted a "Receiver's Handbook" to assist clients in fulfilling their duties as receivers.

     Attorneys:
     Nicholas V. Pulignano, Jr.

Business & Corporate Law

Marks Gray is equipped with the knowledge and experience to address all of your enterprise legal needs. As a mid-sized firm, we have built a reputation for responsiveness. Our business attorneys represent corporate and individual clients in forming, buying and selling business organizations, in preparing and reviewing leases, sales contracts and other business contracts, preparing employment agreements and shareholder agreements, maintaining corporate records and minutes, consulting regarding environmental issues, advising clients on tax, zoning and lien matters, and in other business 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:
     John R. Crawford
     Nicholas V. Pulignano, Jr.
     Gerald W. Weedon

Commercial and Construction Litigation

Marks Gray attorneys have extensive experience throughout the range of commercial litigation, with representative areas including government contracts, business torts, construction law, non-compete agreements, premises liability, securities and zoning.

     Attorneys:
     Jeptha F. Barbour
     Michael B. Bittner
     Paul E. Bueker
     Stephen B. Gallagher
     Victor M. Halbach, Jr.
     Frederick H. Kent, III

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

Elder Law

Our attorneys are well versed in the 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 effects. The Marks Gray attorneys that deal with elder law issues have a broad understanding of the laws and government regulations that may impact a given situation.

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 enterprise if not addressed with care and expertise. Marks Gray brings decades of experience to the representation of employers and management in such matters as employment discrimination, workers compensation claims, wrongful termination, sexual harassment, civil rights, and ERISA claims.

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

Government Liability

The firm frequently represents local government and private clients in consultation and litigation of the following local government liability matters:

  • Police Liability
  • Civil Rights
  • Land Use
  • Cell Tower Law
  • Bert Harris Claims

 

     Attorneys:
     Jeptha F. Barbour
     Edward L. Birk
     Paul E. Bueker
     Susan S. Erdelyi
     Victor M. Halbach, Jr.

     Stella J. Lane
     L. Johnson Sarber, III

Immigration and Naturalization

The firm’s immigration team provides our clients 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, applications for permanent residence, citizenship and naturalization, immigration policy guidance and compliance issues.


Through our expertise in this field, we can guide our clients through a variety of complex immigration and naturalization issues. These include preparation for an Immigration and Customs Enforcement agency audit, 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 Law

Insurance companies retain our firm to handle a wide variety of disputes, including governmental liability, medical malpractice, fidelity and surety, health and disability claims, homeowners and automobile coverage, declaratory judgment actions, interpleader, excess coverage, and defense of bad faith claims.

     Attorneys:
     Tanya M. Davis
     Victor M. Halbach, Jr.

     Stella J. Lane
     Meagan L. Logan
     James C. Rinaman, Jr.
     Gerald W. Weedon

Lifetime Planning/Asset Protection

In this litigious society, we never know when we might end up in a lawsuit, whether due to an accident, business arrangement, or otherwise. There are many perfectly lawful ways to shelter your assets from potential creditors, divorce and/or taxes. Our asset protection attorneys can guide you through this process and ensure that the proper documentation is in place to protect the assets you have worked so hard to accumulate.

     Attorneys:

     John R. Crawford

Life, Health and Disability

The firm is frequently retained to handle life, health and disability claims on behalf of the companies providing these types of coverage.

     Attorneys:
     Jeptha F. Barbour
     Paul E. Bueker
     William M. Corley
     Stephen B. Gallagher
     Allison H. Hauser

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
     Victor M. Halbach, Jr.

Medical Liability

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

     Attorneys:
     Jeptha F. Barbour
     Paul E. Bueker
     Giselle Carson
     William M. Corley
     Stephen B. Gallagher

     Stella J. Lane
     Michael D. McCoy
     James C. Rinaman, Jr.

Nursing Home and Assisted Living Facilities

We have extensive litigation experience and supporting medical expertise to resolve and address issues affecting nursing homes and assisted living facilities, including assisting them in safeguarding their staffs from exposing protected health information. Each case is handled by a team consisting of a senior attorney, an experienced associate attorney and a paralegal, all of whom remain on each case until it is resolved. This team approach allows us to provide high quality, timely and effective litigation results.

     Attorneys:
     Jeptha F. Barbour
     Paul E. Bueker
     Giselle Carson
     William M. Corley
     Stephen B. Gallagher

Probate & 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

     Nicholas V. Pulignano, Jr.

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 and 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 also 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
     William M. Corley
     Stephen B. Gallagher
     Victor M. Halbach, Jr.

     Stella J. Lane
     James C. Rinaman, Jr.

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:
     Jeptha F. Barbour
     Victor M. Halbach, Jr.
     James C. Rinaman, Jr.

Real Property

Real Estate Services at Marks Gray include 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

Retirement Planning

Our attorneys can help you plan for the future and properly position your assets for retirement. What are the tax implications on my 401(k)? Should I be considering a Roth conversion? How can I protect my IRA from being almost totally depleted by taxes? Should my trust be the beneficiary of my retirement funds? Am I able to guard my IRA from estate taxes? Can I prevent it from being taken away by a creditor or divorcing spouse of a beneficiary? How should I be planning to keep my retirement safe? We can provide answers to these questions and more to give you peace-of-mind that your funds are properly postured for your retirement and for inheritance by your beneficiaries.

     Attorneys:

     John R. Crawford

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:
     Nicholas V. Pulignano, Jr.

Tax Planning & Controversies

We stress preventive tax and financial planning to all of the businesses and individuals we serve. We want you to take appropriate actions to prevent problems before they arise. When controversies do arise, we utilize our extensive experience to guide clients at all levels, before the state and federal taxing authorities and, if necessary, in tax litigation. When possible, we negotiate with government tax auditors and tax counsel to achieve the best result.

     Attorneys:

     John R. Crawford

Taxation & Succession

John Crawford, the practice group head for Taxation & Succession, is Florida Bar Board Certified in Tax Law and can help you through the many intricate details of the Internal Revenue Code and regulations. We emphasize planning to prevent future problems (and to minimize taxes, to the extent possible), but are fully prepared to negotiate and go to court if necessary to assist you with current issues.

     Attorneys:

     John R. Crawford

Trucking and Transportation

Marks Gray's lawyers have 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
     Paul E. Bueker
     Victor M. Halbach, Jr.
     L. Johnson Sarber, III

Wealth Planning

Our lawyers assist clients with comprehensive lifetime planning, covering all aspects of managing and transferring personal financial resources by the strategic use of trusts, gifts, sales and other income and wealth-transfer devices to accomplish family planning goals and minimize the impact of income, gift and estate taxes.

     Attorneys:

     John R. Crawford

Wills, Trusts, and Estate Planning

Our estate planning attorneys have decades of experience in assisting clients in their estate planning. By effectively planning your estate, you greatly ease the burdens on your loved ones in the event of your disability or death. We can assist you with wills, trusts, powers of attorney, medical advance directives and other documents. Our assistance will not only give you peace-of-mind that your loved ones will be taken care of in the event that you are unable, but can also help increase the value of your estate by reducing taxes and administration expenses.

     Attorneys:

     John R. Crawford

     Giselle Carson

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
     Meagan L. Logan
     Kim L. McCall