Majd Asaad
Anisha C. Atchanah
Jay Kim
Brian L. Lerner
Kristen L. Palacio-Martinez
Cherine Smith Valbrun
Leah Storie
Robert C. L. Vaughan
 
 
   
   
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Brian Lerner is a Board Certified Specialist in Labor & Employment Law, one of approximately 200 certified by The Florida Bar. 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:
   
1. EEOC charges of discrimination;
2. discrimination, harassment, and retaliation claims;
3. Family and Medical Leave Act (FMLA) claims;
4. Americans with Disabilities Act (ADA) claims;
5. Title III claims for denial of equal access to public places;
6. collective and class actions brought for wage and overtime violations under local, state, and federal laws like the Fair Labor Standards Act (FLSA); and
7. 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 for companies and as an independent investigator, 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:
   
1. representing individuals and corporations in commercial contract disputes involving asset purchase agreements, service agreements, business contracts, and broker agreements;
2. representing owners and contractors in construction litigation;
3. representing corporations, boards of directors, and shareholders in shareholder disputes;
4. defending products liability claims;
5. handling environmental claims under Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and Florida’s environmental laws; and
6. 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 & Recognition
   
Board Certified Specialist, Labor and Employment Law, The Florida Bar
Chambers USA, Labor and Employment Florida, 2010, 2011, 2012, 2013, 2014, 2015, 2016
AV Preeminent, Martindale-Hubbell
Florida Super Lawyers, 2015, 2016
Florida Trend, Florida Legal Elite, Labor and Employment, 2014, 2015, 2016
South Florida Legal Guide, Top Lawyer, Labor and Employment, 2014, 2015, 2016
Revistas Abogados, Abogados Destacados del Sur de la Florida, 2013
South Florida Legal Guide, Top Up and Comer, 2009, 2010, 2011, 2012
Lawyers to the Rescue, Lawyer of the Month, June 2010
Florida Super Lawyers Rising Stars, Employment Litigation: Defense, 2009
Florida Trend, Florida Legal Elite Up and Comer, 2008
Daily Business Review, Most Effective Lawyers, Pro Bono Case of the Year, 2007
   
The Florida Bar & Community Service
   
Vice President, Federal Bar Association - Broward County Chapter
Executive Council Member, The Florida Bar Labor and Employment Section
Co-Chair, Website Subcommittee, The Florida Bar Labor and Employment Section
Co-Chair, Social Media/Advertising Subcommittee, The Florida Bar Labor and Employment Section
Former Chair, The Florida Bar Grievance Committee, 17th Judicial Circuit
Board of Directors, Legal Aid Service of Broward County, Inc.
Board of Directors, Coast to Coast Legal Aid of South Florida, Inc.
Member, Young President’s Club, Mount Sinai Medical Center Foundation
Member, The Florida Bar Labor and Employment Section
Member, Federal Bar Association
Member, Broward County Bar Association
Member, Dade County Bar Association
Member, Society for Human Resource Management (SHRM)
   
Publications & Speeches
   
2004-2016 
 

“Midwinter Meeting Report of the Subcommittee on the Family and Medical Leave Act,” American Bar Association, Contributing Author

2015
 

“The Family and Medical Leave Act,” Treatise Cumulative Supplement, American Bar Association, Bloomberg BNA Books, Chapter Editor

2006, 2008, 2011, 2013
 

“The Family and Medical Leave Act,” Treatise Supplement, American Bar Association, BNA Books, Contributing Author

2008 - 2010
 

“Business Torts: A Fifty-State Guide,” 2008, 2009, and 2010 Editions, Wolters Kluwer Law & Business, Aspen Publishers, Contributing Author

05.19.2016
 

"New DOL Overtime Rules To Have Widespread Impact," Daily Business Review, Author

05.06.2016
 

"The Sixth Sense: Six Common Scenarios and How to Analyze Them Without Calling a Lawyer," HRABC’s 5th Annual Legal Seminar, Human Resources Association of Broward County, Speaker

12.18.2015
 

"Labor & Employment Law: Employer Rights," The Legal News & Review, WBZT 1230 AM, Radio Guest

11.04.2015
 

"Dade Medical College hit with class action lawsuit by former employees after sudden closure," South Florida Business Journal

10.07.2015
 

"Executive H.R. Panel – Driving Change and Innovation While Boosting Team Engagement," The South Florida Executive Roundtable, Speaker

09.17.2015
 

"To Kill or Not to Kill – The Trial Lawyer," 2015 Annual Meeting, National Association of Minority and Women Owned Law Firms (NAMWOLF), Opening Statement and Closing Argument

05.20.2015
 

"HR Matters & Insights – HR, Labor & Employment and the Bottom Line," The South Florida Association for Financial Professionals, Panelist

05.18.2015
 

"Foreclosure Firm Butler & Hosch Shuts Down," Daily Business Review

01.06.2015
 

"Kim Vaughan Lerner LLP Addresses the Pitfalls of Using Independent Contractors in Lieu of Employees," NALA

05.23.2013
 

“2013 Grievance Committee Institute,” The Florida Bar, Panelist

01.31.2013
 

“Diversity Week: Employment Discrimination,” University of Miami School of Law, Panelist

01.13.2011
 

“Managing Partner Roundtable,” Legal Marketing Association, Southeastern Chapter, Speaker

06.16.2010
 

“The Department of Labor’s Growing Interest in Targeting YOU for FLSA Violations,” Setnor Byer Insurance & Risk + The Human Equation

04.08.2010
 

“Practical and Legal Considerations When Implementing Recession-Based Employment Decisions,” Practising Law Institute

08.20.2009
 

“Risque Business: Sexual Harassment Via Text, E-mail Hitting Workplace,” South Florida Sun-Sentinel

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)

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

03.12.2008
 

“Balancing Act: Rules Could Change For Taking Time Off,” Miami Herald

02.18.2008
 

“Family Leave Act Faces Overhaul,” Miami Herald

04.06.2007
 

“Wellness Programs for Employees: Getting Your Team Healthy Is Good for the Bottom Line,” Small Business Review

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

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

07.01.2006
 

“Ten Tips from the Front Lines: Practical Guidance for Avoiding Employment Lawsuits,” HR Advisor

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

02.01.2006
 

“Are You Violating the FLSA’s Overtime Rules?” Debt Collection Compliance Alert

   
Education
   
University of Miami School of Law, J.D., magna cum laude
University of Michigan, B.A., with distinction
   
Bar Admissions
   
All Florida Courts
District of Columbia
U.S. Court of Appeals, Eleventh Circuit 
U.S. District Court, District of Colorado
U.S. District Court, Middle District of Florida
U.S. District Court, Northern District of Florida 
U.S. District Court, Southern District of Florida
   
Professional Background
   
Hogan & Hartson LLP (now Hogan Lovells US LLP), Partner
Morgan, Lewis & Bockius LLP, Associate
Steel Hector & Davis LLP, Associate
   
Teaching Experience
   
NITA Trial Skills Programs
 
Florida Regional Trial Skills Program

 
 
2013 Kim Vaughan Lerner LLP. All Rights Reserved.
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