ALEX ROSENTHAL

Alex@RosenthalCounsel.com

Alex Rosenthal

Mr. Rosenthal was born in Miami, Florida. He received his B.A. from the University of Virginia in 1986 and his Juris Doctorate (with honors), from the University of Florida College of Law in 1989, where he served on the law school's Journal of Law and Public Policy. He served as an intern for United States Magistrate Judge William C. Turnoff. He worked for two years in the Miami office of Stroock & Stroock & Lavan and then worked several years with the firm of Britton, Weissman, Lichtman & Dervishi, P.A., before forming his own law firm. In July 2012, Mr. Rosenthal started Rosenthal Law Group where he continued his practice, along with his longstanding staff and associates. Mr. Rosenthal's practice areas include business counseling and transactions and state and federal commercial litigation with an emphasis on contract, fraud, employment law, real estate litigation, and complex commercial landlord-tenant litigation.

Mr. Rosenthal's litigation practice extends statewide in both state and federal courts. He is a member of the local Florida Bar, United States District Courts for the Southern, Middle and Northern Districts of Florida, the Eleventh Circuit Court of Appeals and the United States Supreme Court. Mr. Rosenthal is a certified arbitrator in the Seventeenth Judicial Circuit, in and for Broward County, Florida.

Professional Accolades and Honors

Mr. Rosenthal is AV Rated by Martindale-Hubbell and has been recognized by The Best Lawyers in America® from 2010 through 2018 in the field of Commercial Litigation and an additional recognition in the Litigation - Construction category in 2016 and 2017. He was also named to the exclusive list of U.S. News – Best Lawyers® Best Law Firms in 2018. Mr. Rosenthal earned a 10.0 Superb rating by Avvo®, the highest rating that can be achieved under their guidelines.

It's his unwavering dedication that won Rosenthal Law Group "Most Outstanding Law Firm of 2016" from Wealth & Finance International. Mr. Rosenthal has also been recognized in the Miami Herald as one of South Florida's Top Lawyers for 2011 and 2012. He was also recently named a Fellow of the Litigation Counsel of America® which is an invitation-only trial lawyer honorary society established to reflect the new face of the American bar. Membership is limited to 3,500 Fellows, representing less than one-half of one percent of American lawyers.

In 2016, Rosenthal Law Group was awarded Best Business Law Firm in Miami and Mr. Rosenthal was named Florida's Commercial Landlord-Tenant Litigator of the Year by Acquisition International. Mr. Rosenthal was also selected as Business Lawyer of the Year by Corporate America in 2016.

In 2017, Attorney Rosenthal was selected for the prestigious M&A Award by Corporate Livewire for "Excellence in Business Litigation Law — FL, USA." In order to win this award, a law firm or individual professional must have displayed an advanced understanding of business relations and played an integral part in expanding the influence and strength of corporations through successful mergers and acquisitions. He was also the recipient of the 2017 Finance Monthly Global Award, as well as the Lawyer Monthly of Legal Awards 2017. In the winter of 2017, Attorney Rosenthal was selected to be a member of Lawyers of Distinction. This association carefully researches attorneys from all variances of practice areas using an unbiased criteria filter. It chooses who it believes to be the 10% best lawyers in the United States and invites them to join the prestigious group.

Past Cases

Mr. Rosenthal handles trial and appellate issues before both state and federal courts where he has obtained several precedent setting decisions including:

  • United States v. Estelle Stein, 881 F.3d 853 (11th Cir. 2018), an en banc decision of the Eleventh Circuit Court of Appeals overruling more than thirty years of precedent in the Eleventh Circuit which previously held that a taxpayer could not overcome the presumption of correctness in favor of the IRS to defeat a summary judgment motion solely by filing an uncorroborated self-serving affidavit. The Eleventh Circuit held that an otherwise admissible affidavit is sufficient to defeat summary judgment even though it is self-serving an uncorroborated.

  • Inside the Art of Craftmanship Corp. v. Design Center of the Americas, 2018 WL 443897, --- So3d. --- (Fla. 4th DCA 2018), a case where the appellate court affirmed a final judgment of possession entered against a commercial tenant who failed to deposit rent into the court registry pending the resolution of the case even though the court was closed on the due date.

  • Acquisition Trust Company, LLC v. Laurel Pinebrook, LLC, 226 So.3d 325 (Fla. 2d DCA 2017), reh. denied, a successful appeal of a trial court’s dismissal with prejudice without leave to amend in a case involving a claim of an improper exercise of a right of first refusal.

  • Yellow Cab Company v. Ewing by and through Jones, 225 So.2d 302 (Fla 3d DCA 2017), dismissal of an untimely appeal of an amended final judgment correcting a scrivener’s error.

  • Gunter v. Sprintcom, Inc., 2016 WL 1619892 (M.D. Fla. April 15, 2016), wherein the Court granted the client’s (Sprintcom, Inc.) motion to compel arbitration and to stay the litigation based on the arbitration agreement contained in the Terms and Conditions of Service.

  • Almany Investors, Ltd. V. Nextel South Corp., 2015 WL 74091 (S.D. Fla. 2015), a case which awarded summary judgment in favor of Nextel South Corp. confirming its right to terminate Communications Site Lease Agreement which contained a clause entitling Nextel to terminate the Lease if "it determined that the Premises [were] not appropriate for its operations for economic or technological reasons." Nextel exercised its right of termination after the shutdown of its iDEN network in June 2013, yet Almany disagreed with Nextel's right to terminate and filed suit. The summary judgment was granted by United State District Judge Federico A. Moreno.

  • Design Center of the Americas, LLC v. Mike Bell, Inc., 254 F. Supp.3d 1339 (S.D. Fla. 2014), a case which clarified that a defendant cannot seek removal to federal court based on diversity jurisdiction if the amount in the complaint is not alleged to be more than $75,000 and the sole basis for the removal is the amount at issue in the defendant's counterclaim. The decision was the first published opinion in the Southern District of Florida that clarified the rule that the counterclaim is irrelevant when determining the amount in controversy in a removal setting.

  • In re Turner, 519 B.R. 354 (Bkrtcy. S.D. Fla. 2014), a case which awarded Rule 11 sanctions in favor of a creditor represented by Mr. Rosenthal and against a Chapter 13 debtor and his attorney for filing a Chapter 13 bankruptcy petition when the debtor was not eligible for Chapter 13 bankruptcy and who filed inaccurate schedules.

  • Harty v. SRA/Palm Trails Plaza, LLC, 755 F.Supp.2d 1215 (S.D. Fla. 2010), a case which clarified that an ADA plaintiff lacks standing to complain about barriers that he did not encounter and is not entitled to perform a post-filing inspection of areas within a property that were not encountered by him prior to the filing of the complaint

  • Maya v. Omnicare, Inc., 2010 WL 2889569 (S.D. Fla. 2010), a case which clarified that a defendant cannot seek removal to federal court based on diversity jurisdiction if the amount in controversy is merely based on speculation

  • Martin v. Florida Power and Light Co., 909 So.2d 555 (Fla. 4th DCA 2005), the first case in Florida to establish the duty of utilities in underground damage cases

  • Briceno v. Sprint Spectrum, L.P., 911 So.2d 176, (Fla. 3d DCA 2005), a case involving the ability to bind parties to standard contractual terms posted on the internet

  • Watson v. Adecco Employment Services, Inc., 252 F.Supp.2d 1347 (M.D. Fla. 2003), one of the first cases ever to establish the limitation on liability of a temporary staffing firm for discrimination against a temporary employee

  • J & P Transp., Inc. v. Fidelity and Cas. Co. of New York, 750 So.2d 752 (Fla. 5th DCA 2000), the first Florida case to establish the automatic trebled civil damages following a criminal conviction for theft; and

  • Enriquillo Export & Import, Inc. v. M.B.R. Industries, Inc., 733 So.2d 1124 (Fla. 4th DCA 1999), the first Florida case to clarify that payment by check does not constitute payment when mailed.

Accessibility and responsiveness to clients and diligence when handling all matters are the cornerstones of Mr. Rosenthal's practice.

Outside of work, Mr. Rosenthal's interest include competitive health and fitness activities, volunteering for several organizations, travel and leisure time with his family, and nervously watching his daughters' equestrian jumping competitions.

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