Gary Betensky, a seasoned litigator, represents clients in complex business disputes and dispute resolution in his civil trial practice. He is distinguished as a specialist and expert through his board certification by The Florida Bar in business litigation law, which recognizes special knowledge, skills and proficiency in business litigation law, professionalism and ethics.
Gary has more than 35 years of experience in the trial, litigation and resolution of complex matters. His representation has included matters involving claims of fraud, interference with business relationships, violations of non-compete/ non-solicitation agreements, theft of trade secrets, limited liability company member disputes, officer and director liability, wrongful termination of employment, and defamation. He has also represented clients in matters involving contract and real estate disputes, defense of SEC actions, Attorney General and state financial regulatory investigations, and Bar complaints. In addition, Gary has successfully handled financial services industry and civil rights class action cases, which were settled in excess of $10 million.
Successfully prosecuted clients' claims against former employer for non-payment of earned commissions and successfully defended clients against former employer's claims that clients violated non-competition agreements and misappropriated trade secrets; obtained ruling from court that bifurcated the case to proceed to trial on clients' claims of non-payment of contractual commissions before continued litigation of former employer's claims, prevailing at trial on clients' contractual claims, nullifying the claims of the former employer and awarding client damages and attorney fees of $1.2 million
Successfully settled matter for prominent marketing firm against two former employees, both officers, in state court suit for injunctive relief for breach of a non-compete agreement and for misappropriation and theft of trade secrets, and against the successor employer, for conspiracy to misappropriate confidential information, as well as in arbitration against former employees commenced claiming close to $5M in damages for an alleged unpaid equity position in the company
Defended several clients in both state and federal court actions (8 cases in total) against product liability claims, including strict liability, negligence, fraud and negligent misrepresentation, where client was alleged to have manufactured, marketed and sold its popular, century old product used as a bowel prep for certain medical procedures such as colonoscopy, while purportedly knowing that the product was unreasonably dangerous and that its ingestion caused acute renal failure, and also violated FDA labeling and other regulations; cases were transferred or submitted to a multi-district litigation in Ohio, where they were resolved as part of a global nationwide settlement process
Prosecuted claim on behalf of client to settlement, where competitor inserted client's registered service mark into the hidden keyword "metatags" on its website in an effort to divert web traffic from client to competitor
Successfully represented investors against two land development entities following their loss of a $1.25 million investment to develop property where the defendants failed to repay the investment plus a contractually promised preferred return; despite defendants assertion of a number of defenses, including an allegation that the two individual investors had not signed the final version of the investment agreement which forced a reformation action, and following extensive investigation and discovery, the trial court entered a final summary judgment in favor of the investors on all claims for the full sum sought $5.53 million against the defendants
Negotiated an extensive and favorable settlement agreement ultimately approved by the federal court judge overseeing the receivership for two brothers being sued in state and federal court in Florida and California by the receiver in a widely-publicized Ponzi scheme case originally initiated by the Securities and Exchange Commission against a record label and its principals
Successfully represented several successful prominent Haitian businessmen in defamation lawsuits in federal court against a widely-distributed Haitian newspaper and popular Florida-based Haitian news website, where the defendants made highly defamatory and false statements about the clients; secured judgments against the defendants for over $10 million
Successfully challenged the constitutionality of the Broward Sheriff's Office strip search policy, which mandated the strip search of all misdemeanor arrestees regardless of whether the arrests involved weapons, drugs or stolen property, under then-Sheriff Kenneth C. Jenne in a certified class action lawsuit that was upheld on appeal by Florida's Fourth District Court of Appeal; Arduous and complicated settlement negotiations that spanned over a year culminated in an $11.5 million settlement
Selected to the Top Lawyers list in the Commercial Litigation category by the Boca Raton Observer (A&A Publishing Corp) and DataJoe, 2022
Board Certified by The Florida Bar in Business Litigation
Chosen for inclusion in The Best Lawyers in America (Woodward/White, Inc.), Commercial Litigation, 2010-2023, Real Estate Litigation, 2010-2023
Selected to the list of Florida Super Lawyers (Thomson Reuters), Business Litigation, 2006-2022
Selected to the list of "Most Effective Lawyers" by Daily Business Review, 2008
Commendation from the Florida Supreme Court and the Legal Aid Society of Palm Beach County for pro bono work
AV Preeminent rated by Martindale-Hubbell (LexisNexis)
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