Daily Business Review: Real Estate Agent Loses Job After Video Shows Her Mocking Gillum Supporters in Election Protest

Kluger Kaplan’s Michael Landen provides employment law insights in today’s Daily Business Review. 

Michael Landen_226 greyA United Realty Group Inc. real estate agent demonstrating with protesters calling for the firing of the Broward election supervisor is out of a job following a high-profile Twitter video.

Liliana Albarino-Olinick was fired Saturday as an independent contractor with Plantation-based United Realty after videos surfaced of her mocking and berating supporters of Democratic gubernatorial candidate Andrew Gillum.

Employment law attorneys said United Realty acted within its rights as an employer dealing with fallout from tight Florida elections that triggered automatic recounts in three statewide races, including Gillum’s run for governor…

Michael Landen, a partner at Kluger, Kaplan, Silverman, Katzen & Levine in Miami, said there’s no reason United Realty couldn’t sever its relationship with the Olinicks since they were independent contractors.

Private employers dealing with contractors have the right to say, “You know what, we are not going to do business with that company. We don’t like what they stand for.”

Click here to read the full article.

Three Questions with Todd Levine

Todd LevineTodd A. Levine is a Founding Member at Kluger, Kaplan, Silverman, Katzen and Levine. A highly experienced commercial litigator, Todd handles virtually all types of complex business disputes. His practice includes a strong focus on commercial real estate litigation, and he regularly represents real estate brokers, developers, lending institutions, buyers and sellers, investors, property managers, owners, contractors and subcontractors in disputes arising out of commercial real estate projects and transactions.

We recently sat down with Todd to discuss the changes in litigation over the last decade, the degree to which technology is shaping the practice and how his musical talents shape his everyday life.

We recently marked the 10-year anniversary of the financial crash on 2008 marking the beginning of the Great Recession. How has complex commercial litigation evolved over that time?

Whether the economy is in a recession or is exploding with growth, business disputes will always arise. The biggest difference between the litigation we see today and what we saw ten years ago is the type of disputes. In the aftermath of the financial crisis, we saw a lot of litigation over distressed assets, with individuals fighting for what was left over from the crash. In today’s more robust economy, we are seeing more ownership disputes as individuals seek a greater share of the profits.

There is a consistent buzz about how technology has and will continue to transform the legal profession. How has technology impacted your practice and where do you see it moving forward?

Over the last 20 years technology has improved our lawyers’ efficiency and productivity, allowing us to enhance our client service and more effectively analyze cases. The technology resources we use allow our litigators to find relevant case law in state, federal and international court, enabling us to more efficiently locate and discern necessary legal precedent. We also use tools that allow attorneys to better manage a large amount of document-based evidence, by creating a searchable database. Before these tools were available, it took litigators weeks or even months to go through the relevant case law, statutes and numerous documents in a case. Further, the attorney might have been only able to view a document once or twice before going to trial. Our lawyers can now comb through documents more efficiently and have more intimate knowledge of their contents.

However, while technology has streamlined the legal research and discovery process, artificial intelligence isn’t going to be a replacement for the trial attorney. Litigants still need to rely on the experience and expertise of their attorneys. For instance, a jury of human peers are not going to listen to two computers argue with each other about whose side makes more sense.

The Daily Business Review recently ran a profile on you about how your musical talents shaped your legal career. How has being an avid musician shaped your life in and out of the courtroom?

I’ve played the guitar since I was 10-years-old, along with playing some keyboard. Coupled with my analytical skills, my musical background has allowed me to tap into my creative side for clients and develop out-of-the-box approaches to solving complex problems. In my personal life, I have been fortunate to share my enthusiasm with my sons, who are both talented musicians and play guitar, bass and piano, and produce their own original compositions

Daily Business Review: Litigator Todd Levine’s Passion for Music, Art, Math and Science Helps in the Courtroom

Todd_Levine

 

 

 

 

 

By Lidia Dinkova

May 4, 2018

Litigator Todd Levine has all the professional background common among successful litigators: A law degree, years of experience, mentors who guided him when he embarked on his career and a dedication to the job.

But Levine has skills outside the legal field that he credits for his success as well.

Levine is an avid musician who has played guitar since he was about 10 years old, he said. He also draws, plays a bit bass guitar and some keyboards, and has a penchant for math and science.

This combination of creativity and a gift for exact sciences have allowed him a more “out-of-the-box” approach to litigation, he said.

Take as an example that time he was in a mediation, and the mediator walked in holding new evidence just presented by the other side that at first appeared to hurt Levine’s case.

But Levine turned things around, he said.

“I had never seen those documents before but I pulled the documents and, frankly I don’t remember what I saw in them but in a matter of five minutes … I found something in one of the documents. I was able to point to this particular aspect of the documents, and I said, ‘This is the reason I will win this case.’ And the mediator’s jaw dropped. He couldn’t believe that I came up with such a quick response that turned the tables on the other side so quickly. It was because I was able to see something the other side did not see,” Levine recalled.

Continue reading in the Daily Business Review. 

Daily Business Review: South Florida Midsize Law Firms Find Room for Fee Options

Daily Business Review

 

By Catherine Wilson

The buzz about alternative fee arrangements has gotten louder in recent years, and many midsize law firms in South Florida have carved out space for something other than the straight billable hour.

AJK High Resolution“It’s becoming more and more of a topic, especially in big commercial cases, where it really wasn’t before,” said Miami commercial litigator Alan Kluger, co-founder of the 32-attorney Kluger Kaplan. “Clients are more receptive than they used to be.

The field of possibilities is open on the client side.

“Every single client, with the exception of maybe the Fortune 50, are potential clients to do alternative fee agreements, and the main thing they tell you is the shifting of the risk solely from the client to the client and the lawyers makes them happy,” he said.

But opinion is split on the willingness of clients to switch away from billable hours to AFAs.

Gary Rosen, managing shareholder of the 92-attorney Becker & Poliakoff, said he attends a lot of professional conferences, and “there’s been a lot of talk about AFAs in the past 10 years generally.”

“In reality, AFAs have not grown as dramatically and have not become as significant a component of the overall legal landscape as many have predicted, and the reason is it’s not that lawyers are uncomfortable with it. For the most part, it’s clients who are uncomfortable with it,” he said. “Clients have shown a reticence to move much more significantly into the AFA environment.”

Clients like the idea of predictable legal fees, and alternative arrangements are keyed more to specific clients than practice areas, said real estate litigator Ryan Gesten of the 21-attorney Shapiro, Blasi, Wasserman & Hermann in Boca Raton.

“I’ve been practicing 17 years. I’ve handled 1,000 matters on contingency,” he said. When considering a request for alternative fees, “it’s almost like we know it when we see it.”

Attorneys at South Florida midsize firms said alternative fees represent as little as 10 percent of total revenue and as high as 80 percent of cases, with litigation being a common practice area for AFAs.

The types of cases most likely to foster alternative fees at Kluger’s litigation firm are third-party and bad faith insurance claims, legal malpractice claims and breach of warranty claims.

“Those cases get resolved because it’s money. It’s just money,” he said.

Continue reading in the Daily Business Review.