Profile
The majority of Barry Rothberg's cases involve real estate litigation, including commercial landlord/tenant disputes, condominium rescission cases and canceled condominium projects, disputes over purchase and sale agreements, foreclosures and consumer finance cases, zoning litigation, and broker commission claims. He also handles a broad array of commercial litigation in state and federal courts, and has wide-ranging experience arbitrating under American Arbitration Association rules. Additionally, Barry has litigated international contract claims before the Arbitration Institute of the Stockholm Chamber of Commerce.
Concentrations
- Real Estate litigation
- Commercial landlord/tenant disputes
- Condominium litigation
- Alternative dispute resolution
- General commercial litigation
Capabilities
Experience
- Represented condominium developers in defending against rescission claims and disputes with condominium associations.
- Represented developers against buyers bringing claims over canceled projects.
- Represented landlords in evicting of commercial and residential tenants.
- Represented commercial tenants in defending against eviction actions.
- Represented numerous developers and individuals against real estate broker claims.
- Represented national bank in recovering title to multi-million dollar commercial property wrongfully executed upon in sheriff’s sale.
- Represented judgment creditors in domestication and enforcement of final judgments.
- Lead trial counsel for developer defending against a condominium deposit claim in week-long Miami-Dade Circuit Court non-jury trial, resulting in judgment entirely in favor of the developer.
- Lead trial counsel for real estate investor regarding the purchase of property in Miami in a non-jury trial in the United States District Court for the Southern District of Florida, resulting in judgment for the investor and against the seller of the property on claims for both specific performance and damages. Judgment affirmed by the Eleventh Circuit Court of Appeals.
- Lead trial counsel for Miami-based agricultural concern in week-long federal jury trial before the United States District Court for the Southern District of Florida, resulting in termination of disputed exclusivity agreement.
- Lead arbitration counsel for partnership pursuing claims against former partners before the American Arbitration Association, resulting in arbitration award.
- Lead arbitration counsel for Miami-based agricultural concern in breach of contract proceedings before the Stockholm Chamber of Commerce.
- Lead trial counsel defending developer against claims of construction delays in week-long Florida state court jury trial.
- Member of trial team for developer that prevailed in week-long bench trial against buyers’ claims concerning canceled condominium project.
Recognition & Leadership
- Listed, The Best Lawyers in America, Litigation - Real Estate, 2024-2026
- Team Member, a Law360 "Real Estate Practice Group of the Year," 2023
- Team Member, U.S. News - Best Lawyers®, Best Law Firms Edition, "Law Firm of the Year," Real Estate - Litigation, 2017 and 2022
- Listed, Florida Trend "Legal Elite," Commercial Litigation, 2015, 2016
- Recipient, "Alona E. Evans Prize in International Law"
- Appointed, Florida’s Third District Court of Appeal Judicial Nominating Commission, 2020-2022
- Past Vice President – Legislative Affairs, American Jewish Committee, Miami and Broward Chapter
- Pillar Member, Miami Beach Chamber of Commerce
- Member, American Bar Association
- Member, Dade County Bar Association
Credentials
Education
- LL.M., International and Comparative Law, Duke University School of Law, 1998
- J.D., Duke University School of Law, 1998
- B.A., Political Science and History, cum laude, Duke University, 1995
Admissions
- Florida
- U.S. District Court for the Southern District of Florida