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Timothy Dean Henkel
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Timothy Dean Henkel

Practice areas:

Litigation, Agriculture, Business, Arbitration, Appeals, Commercial, Partnership

About Me

Tim D. Henkel is a partner of Henkel & Cohen. He is rated AV by Martindale Hubbell and has been practicing law for 25 years. He concentrates his practice in general commercial and complex business litigation, including appeals, and also contract negotiations and business transactions. He has experience in the following types of specific matters:



  • corporate divorces involving disputes between shareholders and other business owners; defense of majority shareholder rights and claims of minority shareholder oppression

  • contract disputes, including breach of contract claims

  • agreements for the sale of businesses including stock and asset transactions

  • general corporate work and advising small to medium sized businesses

  • Perishable Agricultural Commodities Act ("PACA") claims; produce marketing contracts and disputes

  • judgment collection for creditors; asset protection advice and protection of debtors' rights

  • professional liability of accountants and attorneys; malpractice defense

  • business torts, including fraud and misrepresentation, Florida Deceptive and Unfair Trade Practices Act ("FDUTPA"), breach of fiduciary duty, conversion, civil theft, conspiracy, negligence, and unjust enrichment

  • class action defense

  • commercial landlord\tenant disputes

  • insurance disputes including coverage issues under commercial property and comprehensive general liability ("CGL") policies

  • employment contracts and disputes

  • dissolution and winding up of partnerships and companies and other businesses

  • lender liability and banking law

  • warehouseman liability

  • international trade and commerce

  • sales of goods under Article II of the Uniform Commercial Code

  • real estate brokerage disputes


Tim has litigated cases throughout the state and federal trial courts in Miami-Dade, Broward, and Palm Beach Counties in Florida as well as in federal courts in Philadelphia, New York, Los Angeles, Rochester, and Cincinnati. He has prosecuted appeals of civil cases in Florida's Third and Fourth District Courts of Appeal. He also has arbitrated disputes before the American Arbitration Association as well as participated in numerous mediations.


Tim served as a Federal law clerk to Judge Jose A. Gonzalez, Jr. in the Ft. Lauderdale division of the Southern District of Florida (1988-90). After the clerkship, he was associated with the Miami firm of Gilbride, Heller & Brown, P.A. where he worked on a variety of civil litigation matters including lender liability, accountant liability, business torts, and contract disputes. Between 1994 and 2010, Tim was employed first as an associate and then as a partner of the law firm of Silver, Garvett & Henkel, P.A.


Tim obtained his law degree with honors from George Mason University School of Law (1988) in Arlington, Virginia, and graduated 11th in his class. He was an Editor of the Law Review and was awarded Best Oralist and Best Team distinctions in the Moot Court competition in his final year of law school. Tim worked during his last two years of law school as a law clerk for Robert E. Miller in a personal injury law firm (1986-88). He obtained his Bachelor of Arts degree from the University of Virginia (1985).


Tim is the proud father of two sons and his interests include the financial markets, World War II history, and Ferraris.


Practice Areas



  • Business Litigation

  • Produce Marketing Contracts & PACA Disputes

  • Alternative Dispute Resolution

  • Contracts and Business Transactions

  • Employment Contracts and Disputes

  • Creditor Rights and Asset Protection


Admissions



  • The Florida Bar, 1989

  • The Virginia Bar, 1988

  • U.S. Supreme Court

  • U.S. Court of Appeals, Fourth and Eleventh Circuits

  • United States District Courts, Southern, Middle, and Northern Districts of Florida (including the Trial Bar in the Southern District of Florida); and the Eastern and Western Districts of Virginia


Education



  • Juris Doctor, with honors, George Mason University School of Law, Arlington, Virginia, 1988

  • Bachelor of Arts, University of Virginia, Charlottesville, Virginia 1985 (double major in history, and rhetoric and communications)


Judicial Clerkships



  • Honorable Jose A. Gonzalez, Jr., U.S. District Court, Southern District of Florida, Fort Lauderdale Division, 1988-90


Memberships



  • Florida Bar, Business Law Section

  • American Bar Association, Business Law Section and Litigation Section (Commercial & Business Litigation Committee)


Honors



  • AV rating, Martindale Hubbell

  • Board of Editors, George Mason University School of Law (1987-88)

  • Best Oralist and Best Team, Moot Court competition (1988)

  • Florida Trend Legal Elite – 2009

     




Prior Representations



  • FW Supply, LLC v. Sun-Sun International, Inc., AAA Case No. 32-155-637-09, Miami-Dade Circuit Court Case No. 09-15764 CA 05 (2010) (after one week arbitration hearing, three arbitrator panel awarded Tim's client $2.936 million in compensatory damages for breach of fiduciary duty and other misconduct, $1.5 million in punitive damages, rejected multi-million dollar cross claims by Chinese company against Tim's client, and awarded other relief, including arbitration costs, in favor of Tim's client; state trial court subsequently rejected challenge to arbitration and affirmed award in full, resulting in subsequent settlement in favor of Tim's client)

  • Probinsky v. Beckham, No. 07-24719, 15 Fla. L. Weekly Supp. 150 (Fla. Cir. Ct. Dec. 13, 2007) (based upon the Revised Uniform Partnership Act, denying motion to dismiss claim by Tim's client for reasonable compensation for legal services provided after partnership dissolution)

  • Espirito Santo Bank v. Rego, 2007 WL 1062521 (Fla. 3d DCA 2007) (reversing trial court's decision to allow punitive damages claim against Tim's client)

  • Ravin v. Hockman, 2007 WL 29248 (S.D. Fla. 2007) (granting motion by Tim's clients to dismiss lawsuit by a large group of investors against condominium developer).

  • Paradise Farms, S.A. v. Chiquita Frupac, Inc., 2006 WL 640501 (S.D. Ohio 2006) (granting in part and denying in part motions for summary judgment in case by Tim's clients against Chiquita arising from a produce marketing agreement)

  • Genecco Produce, Inc. v. Sol Group Marketing Co., 2006 WL 328385 (W.D.N.Y. 2006) (ruling that claims of Tim's client against produce marketing company would go to trial; case was settled favorably to Tim's client during trial)

  • Kendall v. Gilmore, 915 So. 2d 681 (Fla. 3d DCA 2005) (affirming the trial court's dismissal of a third-party complaint against Tim's client).

  • Penn City Investments, Inc. v. Soltech, Inc., 2003 WL 22844210, 2003 WL 23162410, 2003 WL 23162413 (E.D. Pa. 2003) (granting partial summary judgment in favor of Tim's client against warehouse operator).

  • Braswell v. A. Glenn Braswell, No. 99-17994, 2003 WL 354509 (Fla. Cir. Ct. Jan. 30, 2003) (rejecting a judgment debtor's challenges to the levying on the contents of the debtor's residence by Tim as creditor's counsel).

  • Easton-Babcock & Assocs., Inc. v. Fernandez, 706 So. 2d 916 (Fla. 3d DCA 1998) (affirming jury verdict for real estate brokerage commission in favor of Tim's client)

  • Global Access Ltd. v. AT&T Corp., 978 F. Supp. 1068 (S.D. Fla. 1997) (granting summary judgment in favor of Tim's client against AT&T for breach of Contract Tariff for provi

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Photos and Videos

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Practice Areas

Licensed since 1988

  1. Litigation: 50%
    27 years
  2. Agriculture: 20%
    27 years
  3. Business: 10%
    26 years
  4. Partnership: 5%
    27 years
  5. Other: 15%
  6. More 

Payment

Fees:

Hourly ($325-350/hour)

Payment Types:

Check, Credit Card

Attorney Endorsements

5 total 

  • Daniel Michael Hirschman

    I endorse this lawyer.

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    Daniel Hirschman Litigation Attorney
    Relationship: Co-worker

  • No photo

    Tim is not only very knowledgeable, he is extremely hardworking and vigilant when it comes to representing his clients’ interests.

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    Raymond Robin
    Relationship: Worked for lawyer

Contact Info

Henkel & Cohen, P.A.
18001 Old Cutler Rd Ste 600
Miami, Florida, 331576444

Resume

License
StateStatusAcquiredUpdated
FLMember in Good Standing198905/07/2015
VAAuthorized to practice law198803/11/2014

Professional Misconduct

We have not found any instances of professional misconduct for this lawyer.
Avvo Contributions
Legal Answers
Awards
Award NameGrantorDate Granted
AV Preeminent 5.0 out of 5 Peer Review RatedMartindale-Hubbell2011
AV Preeminent 5.0 out of 5 Peer Review RatedMartindale-Hubbell2010
AV Preeminent 5.0 out of 5 Peer Review RatedMartindale-Hubbell2009
Legal EliteFlorida Trend Magazine2009
AV Preeminent 5.0 out of 5 Peer Review RatedMartindale-Hubbell2008
AV Preeminent 5.0 out of 5 Peer Review RatedMartindale-Hubbell2007
AV Preeminent 5.0 out of 5 Peer Review RatedMartindale-Hubbell2006
AV Preeminent 5.0 out of 5 Peer Review RatedMartindale-Hubbell2005
AV Preeminent 5.0 out of 5 Peer Review RatedMartindale-Hubbell2004
AV Preeminent 5.0 out of 5 Peer Review RatedMartindale-Hubbell2003
AV Preeminent 5.0 out of 5 Peer Review RatedMartindale-Hubbell2002
AV Preeminent 5.0 out of 5 Peer Review RatedMartindale-Hubbell2001
AV Preeminent 5.0 out of 5 Peer Review RatedMartindale-Hubbell2000
AV Preeminent 5.0 out of 5 Peer Review RatedMartindale-Hubbell1999
AV Preeminent 5.0 out of 5 Peer Review RatedMartindale-Hubbell1998
AV Preeminent 5.0 out of 5 Peer Review RatedMartindale-Hubbell1997
AV Preeminent 5.0 out of 5 Peer Review RatedMartindale-Hubbell1996
AV Preeminent 5.0 out of 5 Peer Review RatedMartindale-Hubbell1995
AV Preeminent 5.0 out of 5 Peer Review RatedMartindale-Hubbell1994
Board of EditorsGeorge Mason University Law Review1988
Graduated with Honors, 11th in ClassGeorge Mason University1988
First Place Oralist and First Place Team, Moot Court CompetitionGeorge Mason University1988
Dean's List all semesters in last two years of collegeUniversity of Virginia1985
Debate Team, 3 years; numerous team\individual awardsWilson Memorial High School1981
Graduated 11th in class; vice president of senior classWilson Memorial High School1981
National Honor SocietyWilson Memorial High School1979
avMartindale-HubbellN/A

Work Experience
TitleCompany NameDuration
PartnerHenkel & Cohen, P.A.2011 - Present
PartnerSilver Garvett & Henkel, PA1994 - 2010
AssociateGilbride, Heller & Brown1990 - 1994
U.S. District Court, Southern District of FloridaJudicial Law Clerk to Judge Jose A. Gonzalez, Jr.1988 - 1990
Law ClerkRobert E. Miller, P.A.1985 - 1988

Associations
Association NamePosition NameDuration
Produce Marketing AssociationMember2008 - 2010
American Bar AssociationMember, Business Law Section1990 - 2010
American Bar AssociationMember1990 - 2010
Florida Bar, Business Law SectionMember1990 - Present
U.S. Supreme CourtAdmitted to Practice1989 - Present
U.S. District Court, Northern District of FloridaAdmitted to Practice1988 - Present
U.S. District Court, Eastern District of VirginiaAdmitted to Practice1988 - Present
Florida Bar AssociationMember1988 - Present
U.S. District Court, Western District of VirginiaAdmitted to Practice1988 - Present
U.S. District Court, Middle District of FloridaAdmitted to Practice1988 - Present
U.S. District Court, Southern District of FloridaAdmitted to Practice1988 - Present
U.S. Court of Appeals, Eleventh CircuitAdmitted to Practice1988 - Present
U.S. Court of Appeals, Fourth CircuitAdmitted to Practice1988 - Present
Virginia Bar AssociationAssociate Member1988 - Present
University of Virginia, John B. Minor Prelaw SocietyMember1987 - Present

Legal Cases
Case NameOutcome
FW Supply, LLC v. Sun-Sun Int'l, Inc.After 1-week hearing, arbitration panel awarded Tim's client $2.936 million in compensatory damages, $1.5 million in punitive damages, denied multi-million dollar counterclaims, & other relief; state court affirmed award
Probinsky v. Beckham, Probinsky v. Beckham, No. 07-24719, 15 Fla. L. Weekly Supp. 150 (Fla. Cir. Ct. Dec. 13, 2007)Based upon the Revised Uniform Partnership Act, denying motion to dismiss claim by Tim's client for reasonable compensation for legal services provided after partnership dissolution
Espirito Santo Bank v. Rego, 2007 WL 1062521 (Fla. 3d DCA 2007)Reversing trial court's decision to allow punitive damages claim against Tim's client

See all Legal Cases 

Education
School NameMajorDegreeGraduated
George Mason University School of LawDoctor of Jurisprudence/Juris DoctorJ.D., with Honors1988
University of VirginiaDouble Major History; and Rhetoric and CommunicationsB.A.1985
Wilson Memorial High SchoolN/ADiploma1981

Speaking Engagements
Conference NameTitleDate
Business Contracts A to ZBusiness Contracts Essential Elements, Choice of forum and law, statutes of limitation, and drafting considerations for shareholder, partnership, and operating agreements.2012