Timothy "Tim" Henkel is rated AV Preeminent by Martindale Hubbell and has been practicing law for 34 years. As of January 2022, Tim practices through the Miami law firm of Henkel Law, P.A. He concentrates his practice in general commercial and complex business litigation, contract negotiations and business matters, and U.S. fresh produce issues including under the Perishable Agricultural Commodities Act ("PACA").
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, Tampa, Rochester, Cincinnati, Minneapolis, Houston, Chicago, Atlanta, and Terre Haute. 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. From 2010 through December 2021, Tim was law partners with Ira Cohen in the Miami firm of Henkel & Cohen, 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).
Practice Areas
Arbitrator
Florida Supreme Court Qualified Arbitrator
Certifications
Successfully completed Foreign Supplier Verification Program sponsored by Food Safety Preventive Controls Alliance, January 2020.
Certified in Internal Investigations by HRcertification.com, April 2021.
Admissions
Education
Judicial Clerkships
Honorable Jose A. Gonzalez, Jr., U.S. District Court, Southern District of Florida, Fort Lauderdale Division, 1988-90
Client Testimonials and Endorsements
Client Testimonials may be found on the websites for the following attorney ratings services: Martindale Hubbell, Avvo; and also on Google Reviews.
Honors and Selections
Martindale Hubbell’s AV Preeminent 5.0 out of 5 Peer Review Rating, 1999-2022
Martindale Hubbell’s “Platinum Client Champion” award, 2021 (recognizing attorneys for their commitment to the best in client service)
Board of Editors, George Mason University School of Law (1987-88)
Best Oralist and Best Team, Moot Court competition, George Mason University School of Law (1988)
Graduated 10th in both law school and high school classes
Selected for publication in Florida Trend’s Legal Elite, 2009, 2014 & 2016
Listed by Avvo.com, 2011-18, as "superb" (10 out of 10)
Selected for publication by Super Lawyers, 2013-2021
Selected for publication in 2015 South Florida's Top AV Rated Lawyers
Speaking Engagements
Speaker, “Business Contracts A to Z” seminar sponsored by National Business Institute, Miami, December 5, 2012 and West Palm Beach, April 16, 2015.
Speaker, "The Perishable Agricultural Commodities Act: What It Is and Why You Need to Know" seminar sponsored by the Knowledge Group, webinar, September 24, 2018.
Speaker, "Lender Liability in Commercial and Residential Foreclosures and under the Perishable Agricultural Commodities Act (PACA)" seminar sponsored by the Knowledge Group, webinar, October 16, 2019.
Practice areas
Produce marketing issues and claims involving the Perishable Agricultural Commodities Act ("PACA")
34 years
General corporate and business advice.
33 years
General and complex civil and business litigation.
34 years
General commercial and complex business litigation arbitrations.
34 years
Languages spoken
English
State | Status | Acquired | Updated |
---|---|---|---|
CA | Active | 2016 | 06/12/2022 |
FL | Member in Good Standing | 1989 | 06/01/2022 |
VA | Authorized to Practice Law | 1988 | 02/13/2017 |
Legal answers | 8 |
Legal guides | 0 |
Award name | Grantor | Date Granted |
---|---|---|
AV Preeminent 5.0 out of 5 Peer Review Rated | Martindale-Hubbell | 2011 |
AV Preeminent 5.0 out of 5 Peer Review Rated | Martindale-Hubbell | 2010 |
Legal Elite | Florida Trend Magazine | 2009 |
AV Preeminent 5.0 out of 5 Peer Review Rated | Martindale-Hubbell | 2009 |
AV Preeminent 5.0 out of 5 Peer Review Rated | Martindale-Hubbell | 2008 |
AV Preeminent 5.0 out of 5 Peer Review Rated | Martindale-Hubbell | 2007 |
AV Preeminent 5.0 out of 5 Peer Review Rated | Martindale-Hubbell | 2006 |
AV Preeminent 5.0 out of 5 Peer Review Rated | Martindale-Hubbell | 2005 |
AV Preeminent 5.0 out of 5 Peer Review Rated | Martindale-Hubbell | 2004 |
AV Preeminent 5.0 out of 5 Peer Review Rated | Martindale-Hubbell | 2003 |
AV Preeminent 5.0 out of 5 Peer Review Rated | Martindale-Hubbell | 2002 |
AV Preeminent 5.0 out of 5 Peer Review Rated | Martindale-Hubbell | 2001 |
AV Preeminent 5.0 out of 5 Peer Review Rated | Martindale-Hubbell | 2000 |
AV Preeminent 5.0 out of 5 Peer Review Rated | Martindale-Hubbell | 1999 |
AV Preeminent 5.0 out of 5 Peer Review Rated | Martindale-Hubbell | 1998 |
AV Preeminent 5.0 out of 5 Peer Review Rated | Martindale-Hubbell | 1997 |
AV Preeminent 5.0 out of 5 Peer Review Rated | Martindale-Hubbell | 1996 |
AV Preeminent 5.0 out of 5 Peer Review Rated | Martindale-Hubbell | 1995 |
AV Preeminent 5.0 out of 5 Peer Review Rated | Martindale-Hubbell | 1994 |
First Place Oralist and First Place Team, Moot Court Competition | George Mason University | 1988 |
Board of Editors | George Mason University Law Review | 1988 |
Graduated with Honors, 11th in Class | George Mason University | 1988 |
Dean's List all semesters in last two years of college | University of Virginia | 1985 |
Graduated 11th in class; vice president of senior class | Wilson Memorial High School | 1981 |
Debate Team, 3 years; numerous team\individual awards | Wilson Memorial High School | 1981 |
National Honor Society | Wilson Memorial High School | 1979 |
av | Martindale-Hubbell | N/A |
Title | Company name | Duration |
---|---|---|
Partner | Henkel & Cohen, P.A. | 2011 - Present |
Partner | Silver Garvett & Henkel, PA | 1994 - 2010 |
Associate | Gilbride, Heller & Brown | 1990 - 1994 |
U.S. District Court, Southern District of Florida | Judicial Law Clerk to Judge Jose A. Gonzalez, Jr. | 1988 - 1990 |
Law Clerk | Robert E. Miller, P.A. | 1985 - 1988 |
Association name | Position name | Duration |
---|---|---|
Florida Bar, Business Law Section | Member | 1990 - Present |
U.S. Supreme Court | Admitted to Practice | 1989 - Present |
Florida Bar Association | Member | 1988 - Present |
Virginia Bar Association | Associate Member | 1988 - Present |
U.S. Court of Appeals, Fourth Circuit | Admitted to Practice | 1988 - Present |
U.S. Court of Appeals, Eleventh Circuit | Admitted to Practice | 1988 - Present |
U.S. District Court, Southern District of Florida | Admitted to Practice | 1988 - Present |
U.S. District Court, Middle District of Florida | Admitted to Practice | 1988 - Present |
U.S. District Court, Northern District of Florida | Admitted to Practice | 1988 - Present |
U.S. District Court, Eastern District of Virginia | Admitted to Practice | 1988 - Present |
U.S. District Court, Western District of Virginia | Admitted to Practice | 1988 - Present |
University of Virginia, John B. Minor Prelaw Society | Member | 1987 - Present |
Produce Marketing Association | Member | 2008 - 2010 |
American Bar Association | Member | 1990 - 2010 |
American Bar Association | Member, Business Law Section | 1990 - 2010 |
Publication name | Title | Date |
---|---|---|
www.ProduceBusinessLaw.com | Are You Ready for a Produce Recall? | 2013 |
www.ProduceBusinessLaw.com | An Overview for the Fresh Produce Industry of Recall Insurance for Food Safety Events | 2012 |
MiamiBusinessLitigators.com | Payment Plans for Produce Buyers After Default No Longer Risk the Loss of PACA Trust Protection | 2011 |
ProduceBusinessLaw.com | The PACA Primer -- An Introduction and Overview of the Perishable Agricultural Commodities Act and PACA Law | 2011 |
www.miamibusinesslitigators.com | Stop That Check: A Garnishee’s Duty in Florida to Timely Stop Payment on a Check | 2008 |
School name | Degree | Graduated |
---|---|---|
George Mason University School of Law | J.D., with Honors | 1988 |
University of Virginia | B.A. | 1985 |
Wilson Memorial High School | Diploma | 1981 |
Conference name | Title | Date |
---|---|---|
Business Contracts A to Z | Business Contracts Essential Elements, Choice of forum and law, statutes of limitation, and drafting considerations for shareholder, partnership, and operating agreements. | 2012 |
Case name | Outcome |
---|---|
Sol Group Marketing Co. v. Producers Choice, LLC, no. 2:13-cv-02898-DSF-PLA, 2013 WL 5502798 (C.D. Cal. Sept. 30, 2013) | Obtained summary judgment of $185,000 against produce company insiders to remedy dissipation of PACA trust assets |
•Estoril Inc. v. Mayfield Condominium Association, 104 So. 3d 701 (Fla. 3d DCA 2013) | Obtained appellate court reversal of trial court’s order granting summary judgment for residential condominium association; appellate court remanded case for trial of parking charges. |
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 |
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August 4, 2021
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April 20, 2021
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November 30, 2020
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November 30, 2020
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October 4, 2019
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November 27, 2018
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January 11, 2018
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April 9, 2017
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April 1, 2016
Daniel Hirschman, Agriculture Attorney on Aug 7, 2014
Relationship: Co-worker
I endorse this lawyer.
Raymond Robin, Unknown Attorney on Jun 29, 2011
Relationship: Worked for lawyer
Tim is not only very knowledgeable, he is extremely hardworking and vigilant when it comes to representing his clients’ interests.
Stewart Cooke, Litigation Attorney on Jun 16, 2011
Relationship: Worked together on matter
I endorse this lawyer. Tim is an excellent lawyer with significant trial experience and well-developed judgment. He has a terrific work ethic. He has a well-deserved reputation for brilliance in the courtroom. He has great litigation management skills and deeply cares for his clients. I strongly recommend this lawyer.
Glenn Widom, Litigation Attorney on Jun 16, 2011
Relationship: Other
Tim's keen intellect and substantial experience handling a broad variety of business and commercial matters has made him one of the finest business litigators in South Florida. I have had the privilege of working with Tim on numerous cases wherein his tenacity, preparation and knowledge have been instrumental in reaching an expeditious and successful result for his clients. Throughout, Tim consistently exercises the highest level of professionalism and civility. I recommend Tim as often as possible for any matter involving a business dispute.
Orion Callison, Litigation Attorney on Jun 6, 2011
Relationship: Worked together on matter
Tim is an exceptionally intelligent and hard working attorney who is among Miami's best as a commercial litigator. He is cost conscious, attentive to clients, honest and detail oriented. I highly recommend his services.
Cash, Check