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Tim Henkel

Partner

 

Tim HenkelTim D. Henkel is a partner of Henkel & Cohen. He is rated AV Preeminent by Martindale Hubbell and has been practicing law for over 28 years. He concentrates his practice in general commercial and complex business litigation, including appeals, and also contract negotiations and business transactions. He has experience in the following types of specific matters:

  • business divorces involving dissolution of law firms and disputes between law firm partners; corporate, partnership, and LLC disputes among the business’ owners; and defense of majority shareholder rights and claims of minority shareholder oppression
  • contract disputes, including breach of contract claims
  • agreements for the sale of businesses including stock and asset transactions
  • general corporate work and advising small to medium sized businesses
  • Perishable Agricultural Commodities Act ("PACA") claims; asserting and defending PACA trust claims; and produce marketing contracts and disputes
  • judgment collection for creditors; asset protection advice and protection of debtors' rights
  • defense of uninsured attorneys to legal malpractice claims and responding to Florida Bar complaints
  • business torts, including fraud and misrepresentation, Florida Deceptive and Unfair Trade Practices Act ("FDUTPA"), breach of fiduciary duty, conversion, civil theft, conspiracy, negligence, and unjust enrichment
  • class action defense
  • commercial landlord\tenant disputes
  • insurance disputes including coverage issues under commercial property and comprehensive general liability ("CGL") policies
  • employment contracts and disputes
  • dissolution and winding up of patnerships and companies and other businesses
  • lender liability and banking law
  • warehouseman liability
  • international trade and commerce
  • sales of goods under Article II of the Uniform Commercial Code
  • real estate brokerage disputes

Tim has litigated cases throughout the state and federal trial courts in Miami-Dade, Broward, and Palm Beach Counties in Florida as well as in federal courts in Philadelphia, New York, Los Angeles, Rochester, and Cincinnati. He has prosecuted appeals of civil cases in Florida's Third and Fourth District Courts of Appeal. He also has arbitrated disputes before the American Arbitration Association as well as participated in numerous mediations.

Tim served as a Federal law clerk to Judge Jose A. Gonzalez, Jr. in the Ft. Lauderdale division of the Southern District of Florida (1988-90). After the clerkship, he was associated with the Miami firm of Gilbride, Heller & Brown, P.A. where he worked on a variety of civil litigation matters including lender liability, accountant liability, business torts, and contract disputes. Between 1994 and 2010, Tim was employed first as an associate and then as a partner of the law firm of Silver, Garvett & Henkel, P.A.

Tim obtained his law degree with honors from George Mason University School of Law (1988) in Arlington, Virginia, and graduated 11th in his class. He was an Editor of the Law Review and was awarded Best Oralist and Best Team distinctions in the Moot Court competition in his final year of law school. Tim worked during his last two years of law school as a law clerk for Robert E. Miller in a personal injury law firm (1986-88). He obtained his Bachelor of Arts degree from the University of Virginia (1985).

Tim is happily married, the proud father of two adult sons, and his personal interest include travel, the stock market, reading, and World War II European history.

Practice Areas

  • business law advice to the produce marketing industry, including produce marketing contracts, disputes involving produce sales transactions, and the establishment of and conducting business as a produce business in Florida
  • representation of produce industry participants in USDA complaint proceedings under the Perishable Agricultural Commodities Act ("PACA")
  • corporate divorces involving disputes between shareholders and other business owners; defense of majority shareholder rights and claims of minority shareholder oppression
  • contract disputes, including breach of contract claims
  • agreements for the sale of businesses including stock and asset transactions
  • general corporate work and advising small to medium sized businesses
  • judgment collection for creditors; asset protection advice and protection of debtors' rights

Admissions

  • The Florida Bar, 1989
  • The California Bar, 2016
  • The Virginia Bar, 1988
  • U.S. Supreme Court
  • U.S. Court of Appeals, Fourth, Ninth, and Eleventh Circuits
  • United States District Courts, Southern, Middle, and Northern Districts of Florida (including the Trial Bar in the Southern District of Florida); the Eastern and Western Districts of Virginia; and the Southern, Central, and Northern Districts of California

Education

  • Juris Doctor, with honors (graduated 10th in law school class), George Mason University School of Law, Arlington, Virginia, 1988
  • Bachelor of Arts, University of Virginia, Charlottesville, Virginia 1985 (double major in history, and rhetoric and communications); Dean’s List every semester in Junior and Senior Years)

Judicial Clerkships

  • Honorable Jose A. Gonzalez, Jr., U.S. District Court, Southern District of Florida, Fort Lauderdale Division, 1988-90

Memberships

  • Florida Bar, Business Law Section
  • Produce Marketing Association
  • United Fresh Produce Association
  • American Agricultural Law Association
  • Red Book Marketing, member
  • Blue Book, member
  • Florida Fruit & Vegetable Association, member (Food Safety & Sustainability and Supply Chain Management committees)

Honors and Selections

  • Martindale Hubbell’s AV Preeminent 5.0 out of 5 Peer Review Rating, 1999-2017
  • Board of Editors, George Mason University School of Law (1987-88)
  • Best Oralist and Best Team, Moot Court competition, George Mason University School of Law (1988)
  • Graduated 10th in both law school and high school classes
  • Selected for publication in Florida Trend’s Legal Elite, 2009, 2014 & 2016
  • Listed by Avvo.com, 2011-17, as "superb" (10 out of 10)
  • Selected for publication by Super Lawyers, 2013-2017
  • Selected for publication in 2015 South Florida's Top AV Rated Lawyers

Speaking Engagements

  • Speaker, “Business Contracts A to Z” seminar sponsored by National Business Institute, Miami, December 5, 2012 and West Palm Beach, April 16, 2015. Presented on the following topics concerning business contracts: essential legal elements, master agreements, choice of forum and law, statutes of limitation, and drafting of business contracts including terms and conditions, representations and warranties, indemnification, dispute resolution provisions, boilerplate, and drafting considerations for shareholder, partnership, and operating agreements.

Client Testimonials and Endorsements

  • Client Testimonials may be found on the websites for the following attorney ratings services: Martindale Hubbell, Avvo; and also on Google Reviews. Testimonials and Endorsement do not constitute a guarantee, warranty, or prediction regarding the outcome of your legal matter. You, as a prospective client, may not receive the same or a similar result.

Prior Representations

  • Lindner v. BiscayneAmericas Advisors, L.L.C., case no. 16-23153-CIV, 2016 WL 5800258 (U.S. District Court, S.D. Fla. 2016) (Altonaga, J.) (court granted motion of Tim's client to dismiss Federal lawsuit based upon mandatory, exclusive forum-selection clause in promissory note and settlement agreement).
  • BB&T v. Collins Avenue Plaza, LLC, et al., case no. 1:13-cv-21397-KMW (U.S. District Court, S.D. Fla. 2015) (Williams, J.) (In Federal litigation by bank against borrower and guarantors for alleged breach of $1.85 million loan involving South Beach commercial property, Henkel & Cohen negotiated a settlement resulting in the bank dismissing all claims against Tim's clients with prejudice).
  • Valenzuela v. Sol Group Marketing Company, case no. 2:14-cv-09478-R-VBK, 2015 WL 653086 (U.S. District Court, C.D. Cal. 2015) (Real, J.) (Federal court granted the motion of Tim's client to dismiss employment discrimination action and transfer suit to the district in which Tim's client was located; case was subsequently settled by the plaintiff employee dismissing all claims against Tim's client with prejudice, and paying a small sum to Tim's client as well).
  • Fresh Quest, Inc. v. Sol Group Marketing Company, et al., case no.12-24848 (Complex Business Litigation Section, Miami-Dade County, Florida 2014) (successfully defended complex business claims for $14 million in damages against company and executive involving alleged international misappropriation of trade secrets, breach of contract, civil conspiracy, breach of fiduciary duty, FDUTPA violations, and civil conspiracy; opposing party dismissed case with prejudice, each party to bear their own costs and attorneys' fees, with no monies paid by Tim's clients).
  • Southern Specialties, Inc. v. IXE Agro USA, LLC, case no. CACE 14-001391 (Broward Circuit Court, Florida 2014) (obtained injunction and recovered damages for produce company enforcing non-competition agreement as to former employee and prohibiting competitor’s solicitation of employees).
  • Sol Group Marketing Company v. Producers Choice, LLC, et al., case no. 2:13-cv-02898-DSF-PLA, 2013 WL 5502798 (U.S. District Court, C.D. Cal. Sept. 30, 2013) (obtained summary judgment of $185,000 against produce company insiders to remedy dissipation of PACA trust assets).
  • Estoril Inc. v. Mayfield Condominium Association, 104 So. 3d 701 (Fla. 3d DCA 2013) (obtained appellate court reversal of trial court's order in the Complex Business Litigation Section granting summary judgment for residential condominium association and remand for trial of parking charges involving downtown Miami, mixed-use office tower).
  • Espirito Santo Bank v. Arrillaga, Miami-Dade Circuit Court, case no. 11-06753 CA 06, and Third District Court of Appeal, 100 So. 3d 701 (Fla. 3d DCA 2012) (obtained final judgment in residential mortgage foreclosure action, defeated post-judgment motion to set aside judgment and subsequent appeal; obtained and collected in full deficiency judgment for in excess of $150,000, with full recovery to client for principal balance of loan, interest, costs, and all attorneys’ fees).
  • Espirito Santo Bank v. Debbouze, No. 10-34829 CA 23 (Miami-Dade Circuit Court, Florida 2012) (overcame reinstatement and notice defenses to obtain final judgment of $1.57 million to foreclose on luxury condominium; case settled with bank recovering all monies owed, including all costs, default interest, and attorneys' fees).
  • Espirito Santo Bank v. Terninck, No. 10-27012 CA 20 (Miami-Dade Circuit Court, Florida 2011) (defeated notice of default defense to obtain final judgment of $1.38 million in mortgage foreclosure on luxury home; case settled with bank recovering all principal, default interest, and costs owed as well as portion of attorneys' fees incurred).
  • Espirito Santo Bank v. Key Mariner Properties, Inc., No. 09-06308 CA 27 (Miami-Dade Circuit Court, Florida 2009) (overcame challenge to service of process on instate agent and secured final judgment of $2.99 million to foreclose on luxury home).
  • FW Supply, LLC v. Sun-Sun International, Inc., AAA Case No. 32-155-637-09, Miami-Dade Circuit Court Case No. 09-15764 CA 05 (2010) (after one week arbitration hearing, three arbitrator panel awarded Tim's client $2.936 million in compensatory damages for breach of fiduciary duty and other misconduct, $1.5 million in punitive damages, rejected multi-million dollar cross claims by Chinese company against Tim's client, and awarded other relief, including arbitration costs, in favor of Tim's client; state trial court subsequently rejected challenge to arbitration and affirmed award in full, resulting in subsequent settlement in favor of Tim's client).
  • Probinsky v. Beckham, No. 07-24719, 15 Fla. L. Weekly Supp. 150 (Complex Business Litigation Section, Fla. Cir. Ct. Dec. 13, 2007) (based upon the Revised Uniform Partnership Act, denying motion to dismiss claim by Tim's client for reasonable compensation for legal services provided after partnership dissolution).
  • Espirito Santo Bank v. Rego, 2007 WL 1062521 (Fla. 3d DCA 2007) (reversing trial court's decision to allow punitive damages claim against Tim's client).
  • Ravin v. Hockman, 2007 WL 29248 (U.S. District Court, S.D. Fla. 2007) (granting motion by Tim's clients to dismiss lawsuit by a large group of investors against condominium developer).
  • Paradise Farms, S.A. v. Chiquita Frupac, Inc., 2006 WL 640501 (U.S. District Court, S.D. Ohio 2006) (granting in part and denying in part motions for summary judgment in case by Tim's clients against Chiquita arising from a produce marketing agreement).
  • Genecco Produce, Inc. v. Sol Group Marketing Co., 2006 WL 328385 (U.S. District Court, W.D.N.Y. 2006) (ruling that claims of Tim's client against produce marketing company would go to trial; case was settled favorably to Tim's client during trial).
  • Kendall v. Gilmore, 915 So. 2d 681 (Fla. 3d DCA 2005) (affirming the trial court's dismissal of a third-party complaint against Tim's client).
  • Penn City Investments, Inc. v. Soltech, Inc., 2003 WL 22844210, 2003 WL 23162410, 2003 WL 23162413 (U.S. District Court, E.D. Pa. 2003) (granting partial summary judgment in favor of Tim's client against warehouse operator).
  • Braswell v. A. Glenn Braswell, No. 99-17994, 2003 WL 354509 (Fla. Cir. Ct. Jan. 30, 2003) (rejecting a judgment debtor's challenges to the levying on the contents of the debtor's residence by Tim as creditor's counsel).
  • Easton-Babcock & Assocs., Inc. v. Fernandez, 706 So. 2d 916 (Fla. 3d DCA 1998) (affirming jury verdict for real estate brokerage commission in favor of Tim's client).
  • Global Access Ltd. v. AT&T Corp., 978 F. Supp. 1068 (U.S. District Court, S.D. Fla. 1997) (granting summary judgment in favor of Tim's client against AT&T for breach of Contract Tariff for provision of telecommunications service).

 

Live in Court

Estoril Inc. v. Mayfield Condominium Association, Inc.

Click here to view on YouTube.

Kendall v. Gilmore

Click here to view on YouTube.