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Brian L. Lerner
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Last updated: 10/28/2015
Mr. Brian L. Lerner
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Professional Information
Kim Vaughan Lerner
100 SE 3rd Avenue
Suite 2001
Fort Lauderdale
33394  United States
 [ Map ]
954 527-1115 (Phone)
954 527-1116 (Fax)
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  Alternative Dispute Resolution, Appellate Practice, Aviation and Aerospace, Business Law, Business Litigation, Class Actions, Commercial Law, Complex/Multi District Litigation, Complex Commercial Litigation, Construction Law, Employment Law, Insurance Defense, Labor and Employment, Litigation, Premises Liability, Products Liability, Trade Secrets
Personal Information
  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.

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

• Chambers USA, Labor and Employment Florida, 2010, 2011, 2012, 2013, 2014, 2015
• AV Preeminent, Martindale-Hubbell
• Florida Super Lawyers, 2015
• Florida Trend, Florida Legal Elite, Labor and Employment, 2014, 2015
• South Florida Legal Guide, Top Lawyer, Labor and Employment, 2014, 2015
• 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

• Board Certified, Labor & Employment Law
• Secretary, 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 - 2015

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

• 2006, 2008, 2011

“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

• 05.20.2015

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

• 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


• 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
Additional Information

150 N. Michigan Ave., Ste. 800
Chicago, IL 60601

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