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Brian Lerner practices in all areas of commercial and corporate litigation and arbitration, with extensive experience in employment litigation. Mr. Lerner has litigated cases at all stages and in all types of forums—including administrative proceedings before government agencies, injunction hearings, bench trials and jury trials in state and federal courts, and final arbitration hearings. Mr. Lerner strives to implement strategies designed to achieve the client’s desired results—whether early resolution, aggressive litigation, or resolution by trial.
Mr. Lerner’s employment litigation experience includes representing individuals and employers in investigating, prosecuting, and defending the following:
- EEOC charges of discrimination;
- discrimination, harassment, and retaliation claims;
- Family and Medical Leave Act (FMLA) claims;
- Americans with Disabilities Act (ADA) claims;
- Title III claims for denial of equal access to public places;
- collective and class actions brought for wage and overtime violations under local, state, and federal laws like the Fair Labor Standards Act (FLSA); and
- contract disputes including claims for breaches of employment agreements, severance agreements, change of control agreements, non-compete agreements, non-solicitation agreements, and confidentiality and trade secret agreements.
Mr. Lerner also has counseled individuals and employers regarding employment agreements, severance agreements, and other contractual arrangements. Mr. Lerner has drafted and reviewed employment policy manuals, conducted audits of company employment practices and policies, consulted on workforce reductions, conducted internal investigations, provided training to executives, managers, and other employees in regard to employment practices, equal employment opportunity, and diversity, and day-to-day counseling on workplace issues.
In the commercial and corporate litigation area, Mr. Lerner represents individuals and corporations in all manner of business disputes. Mr. Lerner’s commercial and corporate litigation experience includes the following:
- representing individuals and corporations in commercial contract disputes involving asset purchase agreements, service agreements, business contracts, and broker agreements;
- representing owners and contractors in construction litigation;
- representing corporations, boards of directors, and shareholders in shareholder disputes and securities litigation;
- defending products liability claims;
- handling environmental claims under Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and Florida’s environmental laws; and
- conducting post-judgment collection proceedings such as garnishments, attachments, executions, and levies.
Mr. Lerner has been quoted in major publications such as The Miami Herald, The South Florida Sun-Sentinel, the South Florida Business Journal, the Daily Business Review, the National Law Journal, and the Legal Times on various legal topics. He also is a frequent lecturer and author.

| Honors & Recognitions |
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Chambers USA, Labor and Employment Florida, 2010, 2011, 2012 |
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Lawyers to the Rescue, Lawyer of the Month, June 2010 |
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South Florida Legal Guide, Top Up and Comer, 2009, 2010, 2011, 2012 |
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Florida Super Lawyers Rising Stars, Employment Litigation: Defense, 2009 |
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Florida Trend, Florida Legal Elite Up and Comer, 2008 |
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Daily Business Review, Most Effective Lawyers, Pro Bono Case of the Year, 2007 |

| The Florida Bar & Community Service |
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Committee Member, Long Range Planning Committee for Florida Bar Labor and Employment Section |
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Co-Chair, Website Subcommittee for Florida Bar Labor and Employment Section |
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Chair, Florida Bar Grievance Committee, 17th Judicial Circuit |
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Board Member, Federal Bar Association - Broward County Chapter |
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Member, Young President’s Club, Mount Sinai Medical Center Foundation |
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Member, Florida Bar Labor and Employment Section |
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Member, Federal Bar Association |
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Member, Broward County Bar Association |

| Publications & Speeches |
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2004 - 2011
“Midwinter Meeting Report of the Subcommittee on the Family and Medical Leave Act,” American Bar Association, Contributing Author |
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2008 - 2010
“Business Torts: A Fifty-State Guide,” 2008, 2009, and 2010 Editions, Wolters Kluwer Law & Business, Aspen Publishers, Contributing Author |
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2006, 2008, 2011
“The Family and Medical Leave Act,” 2006, 2008, and 2011 Treatise Supplements, American Bar Association, BNA Books, Contributing Author |
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01.13.2011
“Managing Partner Roundtable,” Legal Marketing Association, Southeastern Chapter, Speaker |
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06.16.2010
“The Department of Labor’s Growing Interest in Targeting YOU for FLSA Violations,” Setnor Byer Insurance & Risk + The Human Equation |
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04.08.2010
“Practical and Legal Considerations When Implementing Recession-Based Employment Decisions,” Practising Law Institute |
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08.20.2009
“Risque Business: Sexual Harassment Via Text, E-mail Hitting Workplace,” South Florida Sun-Sentinel |
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08.19.2009
“Personal Devices Pose New Sexual Harassment Issues At Work,” South Florida Sun-Sentinel, reprinted in The Orlando Sentinel (08.19.2009), The Miami Herald (08.25.2009), The Fort Worth Star-Telegram (08.30.2009), The Columbus Dispatch (10.25.2009) |
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08.04.2008
“Double-edged Axe: As Employers Lay Off Workers En Masse, The Newly Unemployed Are Turning Around And Suing Them,” Daily Business Review |
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03.12.2008
“Balancing Act: Rules Could Change For Taking Time Off,” The Miami Herald |
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02.18.2008
“Family Leave Act Faces Overhaul,” The Miami Herald |
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04.06.2007
“Wellness Programs for Employees: Getting Your Team Healthy Is Good for the Bottom Line,” Small Business Review |
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12.01.2006
“Ensuring Fair Play: Using Common Law to Protect Against Unfair Competition from Former Employees,” Employee Relations Law Journal, Vol. 32, No. 3 |
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11.16.2006
“Senior Executive and Officer Litigation: How to Avoid and Handle Employment-Related Claims Involving Key Business Leaders,” 2006 Labor & Employment Seminar Important Legal and Litigation Issues Facing Employers, Hogan & Hartson LLP |
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07.01.2006
“Ten Tips from the Front Lines: Practical Guidance for Avoiding Employment Lawsuits,” HR Advisor |
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05.10.2006
“Keeping Up to Date with the FLSA and Florida Wage and Hour Laws,” Greater Miami Society for Human Resource Management Spring Legislative Update |
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02.01.2006
“Are You Violating the FLSA’s Overtime Rules?” Debt Collection Compliance Alert |

| Education |
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University of Miami School of Law, J.D., magna cum laude |
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University of Michigan, B.A., with distinction |

| Bar Admissions |
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All Florida Courts |
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District of Columbia |
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U.S. Court of Appeals, Eleventh Circuit |
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U.S. District Court, District of Colorado |
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U.S. District Court, Middle District of Florida |
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U.S. District Court, Northern District of Florida |
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U.S. District Court, Southern District of Florida |

| Professional Background |
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Hogan & Hartson LLP (now Hogan Lovells), Partner |
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Morgan, Lewis & Bockius LLP, Associate |
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Steel Hector & Davis LLP (now Squire, Sanders & Dempsey LLP), Associate |

| Teaching Experience |
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| NITA Trial Skills Programs |
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Florida Regional Trial Skills Program |
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