Profile
Avi Benayoun is the Chair of the Fort Lauderdale Litigation Practice Group. With over two decades of experience, Avi is a skilled litigator who works with clients to develop tailored strategies for approaching complex legal matters. Avi regularly handles complex business, corporate and real estate disputes with an emphasis on high-stakes business divorce matters including partnership and shareholder disputes as well as commercial real estate disputes having handled over $1 Billion worth of commercial foreclosures and work-out matters. Avi’s experience also extends to representing interactive computer service providers in Section 230 litigation matters under the Computer Decency Act codified in 47 U.S.C. § 230 and is at the forefront of COVID-19 pandemic related litigation including both prosecuting and defending claims under a wide array of force majeure provisions.
Avi is also one of a small number of firm eDiscovery attorneys with deep eDiscovery and eRetention experience. This makes him particularly valuable as he can, and often does, eliminate the need to hire separate counsel to address and handle complex eDiscovery and eRetention matters present in nearly every litigation matter.
Concentrations
- Partnership and Shareholder disputes
- Business divorce matters
- Commercial foreclosures and work-outs
- Commercial landlord/tenant litigation
- COVID-19 related litigation including applicability of force majeure provisions
- Section 230 litigation under the Computer Decency Act codified under 47 U.S.C. § 230
- Health care litigation
- Pre and post mergers litigation
- Corporate governance and disputes
- Contract disputes
- Lender liability litigation
- Construction litigation
- Real estate brokerage disputes and licensure
- Business torts
- Trademark infringement
- Insurance coverage litigation
- Deceptive and unfair trade practices
- Employer/Employee noncompetition litigation
- Trade secrets
- eDiscovery/eRetention litigation
Capabilities
Experience
- Cohen v. Google LLC, l8-2459l-CIV (S.D. Fla. 2019). Obtained dismissal with prejudice on behalf of Google as an interactive computer service provider under the Computer Decency Act codified in 47 U.S.C. § 230 for alleged defamation and hate speech claims brought under 18 U.S.C. §1981.
- Represents national health club chain in litigation matters including real estate development, construction and COVID-19 related leasing disputes under a wide range of force majeure provisions.
- Defended state-wide health care provider for alleged RICO and related tort and contract claims arising out of alleged fraudulent billing practices under Florida’s Personal Injury Protection Statute codified in §627.736, Florida Statutes.
- Defended national shopping center developer for COVID-19 related delays, including for alleged construction delays, pursuant to applicable contractual provisions including force majeure provisions.
- Defended leading CBD company in defense of claims brought by alleged minority owner including both contract and business tort claims.
- Represented commercial landlord and tenants in COVID-19 related litigation involving the interpretation and applicability of a wide array of force majeure provisions.
- Represented multi-state cannabis company in Florida licensure application matters including in administrative and appellate proceedings.
- Represented national insurer in national multimillion-dollar, multiyear agreement against the country’s largest contact lens distributor in a multi-day trial on eDiscovery issues in the Complex Business Division of the Seventeenth Judicial Circuit In And For Broward County, Florida
- Represented lender in foreclosing on loan in excess of $150 million secured by several commercial properties in several counties in a single action.
- Represented lenders in numerous commercial and residential foreclosure actions.
- Defended TILA, RESPA and HOEPA claims asserted by borrowers in residential foreclosure actions.
- Represented developers in defense of multimillion-dollar, construct-defect claims, including claims brought under Chapter 558, Florida Statutes.
- Represented lenders in multimillion-dollar lender liability litigation.
- Represented real estate developers in numerous contractual disputes.
- Represented numerous clients in landlord/tenant litigation, including evictions, damage claims and lease disputes.
- Represented real estate developer in multimillion-dollar brokerage claim.
- Represented numerous clients in employer noncompetition and trade secret litigation.
- Certified Legal Intern, United States Federal Public Defender, 1998
- Judicial Intern, The Honorable David L. Levy, Third District Court of Appeal, 1996
Recognition & Leadership
- Listed, The Best Lawyers in America, Commercial Litigation, 2022-2024
- Selected, Fort Lauderdale Illustrated, "Top Lawyers," 2023
- Team Member, U.S. News - Best Lawyers®, Best Law Firms Edition, "Law Firm of the Year," Real Estate - Litigation, 2017 and 2022
- Listed, South Florida Legal Guide, "Top Lawyer," 2021
- Member, Winning Team, "M&A Deal of the Year (Over $1 Billion to $5 Billion)" for Platform Specialty Products Corporation (f/k/a Platform Acquisition Holdings Limited) acquisition of MacDermid, Incorporated and related entities, The M&A Advisor’s 6th Annual International M&A Awards, 2014
- Member, Duke University School of Law Electronic Discover Reference Model (EDRM) Advisory Council, 2018-Present
- Graduate, Leadership Miami
- Member, Broward County Bar Association
- Member, The Florida Bar
- Fellow, American Bar Foundation
- Graduate, Leadership Fort Lauderdale
- Member, Leadership Broward Class XXV
Credentials
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J.D., cum laude, University of Miami School of Law
- Assistant Articles and Comments Editor, University of Miami Inter-American Law Review
- Dean's List
- Phi Delta Phi
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B.S.B.A., Finance, cum laude, University of Florida
- Phi Kappa Phi Honor Society
- President's List
- Omicron Delta Epsilon, Economics Honor Society
- Florida
- Hebrew
- Spanish