Phone: (305) 933-9970
Facsimile: (786) 520-2704
J. Joseph Givner, Esq.
J. Joseph Givner is a trial and transactional attorney whose work is devoted to complex commercial matters. He is A/V rated by Martindale Hubbell®, the highest available rating and has been recognized by The Best Lawyers in America® and Florida Super Lawyers. Mr. Givner was also a finalist for Dealmaker of the year in Corporate Finance through the Daily Business Review. Over his twenty two years of practice, Mr. Givner has represented a wide range of clients including publicly traded corporations, private companies and individuals. Mr. Givner who is fluent in Spanish, is engaged regularly by both foreign and domestic clients.
Mr. Givner has brought and defended claims in a broad spectrum of commercial areas including, among others: real estate, corporate, shareholder disputes, franchising, duty free transactions, construction disputes, securities, commodities, labor and employment, insurance, contracts, the Uniform Commercial Code, products liability, and zoning.
Mr. Givner has represented clients and negotiated agreements throughout the world in a wide array of commercial transactions including mergers and acquisitions, private placements, financings, real estate development, partnerships, joint ventures, corporate organizations, employment, non-competition, purchase and sale of commercial and residential real estate, leases, concession agreements, franchises, and the licensing of software and other intellectual property.
Mr. Givner is a member of the Dade County Bar, American Bar, North Dade Bar, Florida Bar, the United States District Court for the Southern District of Florida and the United States Court of Appeals for the Eleventh Judicial Circuit. He is also a member of the Entrepreneurs' Organization South Florida Chapter.
Among some of his more recent cases, Mr. Givner successfully represented Timeshares Direct in a trade secrets lawsuit filed by Wyndham Vacation Resorts and successfully represented a franchisor in a dispute with a franchisee in which the franchisee sought, but did not obtain, a multimillion dollar recovery and obtained a multi-million dollar recovery for a South American electrical power producer in a complex commercial dispute that simultaneously involved binding arbitration in New York, bankruptcy litigation in the Bankruptcy Court for the Southern District of Florida and enforcement proceedings in the Circuit Court for the Eleventh Judicial Circuit in Miami-Dade County.
Mr. Givner recently represented a global distributor in obtaining and negotiating a $150 million credit facility with five major banks and negotiated exclusive duty free concessions with American Airlines, Delta Airlines, Singapore Airlines, Air Canada and others on behalf of the world's largest in flight duty free provider. Mr. Givner has represented both buyers and sellers in hundreds of millions of dollars' worth of real estate transactions. Mr. Givner also negotiated long term leases with some of the largest employers in Miami-Dade County (Baptist Hospital and JP Morgan Chase) for an office building client.
Mr. Givner graduated with honors from Columbia University in 1986 and received his law degree with honors from Harvard Law School in 1989. Following graduation, Mr. Givner served as law clerk for the Honorable Sydney M. Aronovitz, United States District Judge for the Southern District of Florida. After his clerkship, Mr. Givner joined the Miami law firm of Bilzin Sumberg Dunn Price & Axelrod LLP where he became a shareholder and practiced complex commercial litigation, real estate and corporate law for 10 years. In 1999, Mr. Givner established Jacob J. Givner, P.A., in 2006 formed his the law firm, Higer Lichter & Givner, LLP and in 2015 change the entity name to Givner Law Group, LLP.
The following is a select list of matters on which Joey has worked.
· Joseph Givner successfully represented Timeshares Direct in a trade secrets lawsuit filed by Wyndham Vacation Resorts. Wyndham sought a temporary injunction against Timeshares Direct, alleging in its suit that Timeshares Direct violated Florida's Trade Secrets Acts as well as Florida's Deceptive and Unfair Trade Practices Act by purchasing the contact information for a list of time-share owners that was allegedly stolen from Wyndham. Wyndham alleged that Timeshares Direct should have known the list was stolen. On summary judgment, Givner defeated most of Wyndham's claims including, without limitation, a claim seeking $240 million in damages from violation of Section 721.121, Fla. Stat. The decision was one of first impression in which the Trial Court agreed with Givner's argument that Section 721.121 did not provide timeshare developers such as Wyndham standing to sue and seek statutory penalties; rather, the statute only granted standing to specific individuals whose privacy interests were affected through the sale of their contact information.
· Joseph Givner successfully represented Corpac Steel Products, Corp., a global steel manufacturer, distributer and trading company, in its effort to close on a newly syndicated revolving credit facility of $150 million. The facility will be primarily used to fund the company's global operations and growth.
The facility, led by Bank of America Merrill Lynch, is also provided by BankUnited, HSBC, Mercantile Commerce Bank and Societe Generale. McGuire Woods LLP, based in Charlotte, North Carolina, represented the lenders. The transaction began in April 2011 and closed at the end of May 2011.
· Recently presented a local developer in the acquisition and financing of nearly $200 million in commercial real estate.
· Represented the leading in-flight duty free concessionare in the negotiation of concessions with some of the largest domestic and foreign airlines including, without limitation, Delta, Northwest, American, Continental and Air Canada.
· Represented insureds in their recovery of millions of dollars of damages in a precedent setting lawsuit brought to enforce a policy of insurance.
· Successfully represented a foreign bankrupt company in its claim to a multimillion dollar escrow fund against the claims of admitted creditors and other claimants through a maze of litigation and arbitration matters simultaneously pending in Circuit Court for Miami-Dade County, the United States Bankruptcy Court for the Southern District of Florida, the International Division of the American Arbitration Association and liquidation proceedings in Barranquia, Colombia.
· Successfully argued an appeal before the Third District Court of Appeals that now stands as the leading precedent on the application of Florida's intangible tax to personal guaranties.