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MIAMI-dAde oFFICe 18001 old Cutler Road, Suite 600 Miami, Florida 33157 PhoNe (305) 971-9474 FAx (305) 971-9479 bRowARd oFFICe 2645 executive Park drive weston, Florida 33331 www.producebusinesslaw.com Produce Business Law.com Attorneys and Counselors to the Produce Marketing Industry in Florida Miami, Florida

Produce Business Law...Produce Business Law.com Attorneys and Counselors to the Produce Marketing Industry in Florida Miami, Florida ProducebusinessLaw.com is a website of the Miami

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Page 1: Produce Business Law...Produce Business Law.com Attorneys and Counselors to the Produce Marketing Industry in Florida Miami, Florida ProducebusinessLaw.com is a website of the Miami

MIAMI-dAde oFFICe 18001 old Cutler Road, Suite 600 � Miami, Florida 33157Phone (305) 971-9474 � FAx (305) 971-9479

bRowARd oFFICe 2645 executive Park drive � weston, Florida 33331www.producebusinesslaw.com

Produce Business Law.com

Attorneys and Counselors to the Produce Marketing Industry in Florida

Miami, Florida

Page 2: Produce Business Law...Produce Business Law.com Attorneys and Counselors to the Produce Marketing Industry in Florida Miami, Florida ProducebusinessLaw.com is a website of the Miami

ProducebusinessLaw.com is a website of the Miami law firm of henkel & Cohen,P.A. The website name was chosen to reflect the firm’s dedication to the practice ofagribusiness law and all matters and disputes relating to the Perishable AgriculturalCommodities Act of 1930, known as “PACA.” For the last 17 years, Tim henkel,who leads the firm’s agribusiness practice, has been representing traders in theproduce marketing industry in PACA complaint proceedings, reparation awardappeals, and business litigation involving PACA and numerous other produce andPACA law matters, as well as counseling clients on the law of produce business,

including the PACA Trust, the PACA’s fair tradingpractices and general corporate matters for theconduct of business in Florida.

henkel & Cohen represents business clients,including from the produce industry, in all phases ofcommercial disputes from pre-lawsuit counselingand mediations; through pre-trial litigation,discovery; and motion practice; at bench and jurytrials; on appeal; and in post-judgment collectionproceedings. The firm’s two name partners have beenbusiness litigators in South Florida for in excess of20 years after both completed Federal Judicial

Clerkships. Tim henkel and Ira Cohen have litigated hundreds of businessdisputes in South Florida’s circuit (trial) courts and district courts of appeal, in theU.S. district Court for the Southern district of Florida, in the U.S. Court ofAppeals for the eleventh Circuit, in various state and federal trial courts outside ofFlorida, and in arbitrations before the American Arbitration Association.

henkel & Cohen is available for consultation with other counsel and with allproduce industry participants on agribusiness and PACA law matters, whether aslitigation counsel or co-counsel to represent clients in a dispute or as transactionalattorneys to advise and provide legal representation on the law governing producemarketing in Florida.

18001 old Cutler Road, Suite 600 � Miami, Florida 33157 � Phone (305) 971-9474 � FAx (305) 971-9479 � www.producebusinesslaw.com

This is an advertisement. The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you freewritten information about our qualifications and experience. This website offers general information about our firm and general legal subjects but should not be understood

as the provision of legal advice nor the creation of an attorney/client relationship.

© 2011, henkel & Cohen, P.A. All rights reserved.

business Litigation � Produce business Law/PACAGeneral Corporate and business Law � Copyrights/Trademarks/Patent Litigation

Miami, Florida � (305) 971-9474

Page 3: Produce Business Law...Produce Business Law.com Attorneys and Counselors to the Produce Marketing Industry in Florida Miami, Florida ProducebusinessLaw.com is a website of the Miami

Tim HenkelPartner

Tim d. henkel is a partner of henkel & Cohen and has been practising businesslaw for 23 years. he concentrates his practice in general commercial and complexbusiness litigation, including appeals and arbitrations, and also contract negotiationsand business transactions. Since 1994, he has represented clients in the producemarketing industry including domestic and international growers, grower’s agents,and consignment agents. Tim practices in the field of agricultural law, including allmatters related to the Perishable Agricultural Commodities Act (“PACA”). he hasrepresented produce traders in informal and formal reparation complaints beforethe U.S. department of Agriculture, appeals of reparation awards and trial in theFederal district court, and various produce business litigation in state and Federalcourts on subjects related to produce marketing agreements, warehouseman liabilityfor damaged produce, violation of PACA’s fair trading standards, and PACA Trustissues. Tim also offers business law and PACA law advice and counseling to the produce industry as well asnegotiation of produce contracts and representation in the sale of produce businesses.

Tim has litigated cases throughout the state and Federal trial courts in Miami-dade, broward, and Palm beachCounties 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 Thirdand Fourth district Courts of Appeal. he also has arbitrated disputesbefore the American Arbitration Association as well as participated innumerous mediations of commercial disputes.

Tim served as a Federal law clerk to Judge Jose A. Gonzalez, Jr. in theFt. Lauderdale division of the Southern district of Florida (1988-90).After the clerkship, he was associated with the Miami businesslitigation firm of Gilbride, heller & brown, P.A., now known as brown& heller, P.A. between 1994 and 2010, Tim was employed first as anassociate and then, starting in 1998, as a partner of the Miami law firmof Silver, Garvett & henkel, P.A. In January 2011, Tim joined in apartnership with Ira Cohen to form 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 law school class. he was an editor of the Law Review and was awarded bestoralist and best Team distinctions in the school’s Moot Court competition. he obtained his bachelor of Artsdegree from the University of Virginia (1985).

Tim is admitted to practice in the U.S. Supreme Court, the U.S. Court of Appeals for the Fourth and eleventhCircuits, and all state and Federal courts in Virginia and Florida. he is a member of the Produce MarketingAssociation, blue book, Red book, the business Law Section of the Florida bar, and the American AgriculturalLaw Association. he has been honored with Martindale hubbell’s AV Preeminent 5.0 out of 5 Peer ReviewRating, Avvo.com’s “Superb” (10 out of 10) attorney rating in 2011, and was named a member of Florida’s Legalelite in 2009 by Florida Trend magazine.

Page 4: Produce Business Law...Produce Business Law.com Attorneys and Counselors to the Produce Marketing Industry in Florida Miami, Florida ProducebusinessLaw.com is a website of the Miami

Ira CohenPartner

Ira Cohen is a partner of henkel & Cohen. he is a member of the Florida andnew York bars and has been practicing law for almost 30 years. Ira hasextensive experience representing corporations, business entities, andindividuals in a wide variety of complex commercial disputes (through litigationand alternative dispute resolution) and in business transactions. Ira has decadesof experience in the field of Intellectual Property (“IP”) law encompassing suchareas as copyright, trademark, and unfair competition law, as well as patent lawand trade secret claims.

Ira has litigated cases in the state and federal trial and appellate courts in Florida and new York. he has alsohandled various federal proceedings, depositions and/or litigation-related matters in numerous states, the districtof Columbia, Puerto Rico, the U.S. Virgin Islands, and throughout the Caribbean.

Ira prepares and prosecutes intellectual property applications seekingRegistrations before the U.S. Patent and Trademark office. he alsohandles foreign filings and disputes outside the U.S. he has worked onIP matters involving trademark and related issues in various Centraland South American countries, including belize, brazil, Colombia,Mexico, ecuador, Venezuela, and Costa Rica, as well as the Caribbean(Puerto Rico, the U.S. Virgin Islands, Anguilla, Antigua & barbuda, thebahamas, barbados, the british Virgin Islands, the Cayman Islands,dominica, Grenada, Guyana, Jamaica, Montserrat, Saint Kitts andnevis, Saint Lucia, Saint Vincent and the Grenadines, Trinidad andTobago, Aruba, bonaire, Curacao, Saint Maarten/St. Martin,Guadeloupe, Martinique, Montserrat, and the dominican Republic).

Ira served as Judicial Law Clerk to the honorable harold J. Raby, United States Magistrate Judge for the UnitedStates district Court for the Southern district of new York (1982-85). he also served as an Administrative LawJudge, City of new York (new York, bronx, Queens, brooklyn, and Richmond Counties), 1997-99, and as anArbitrator, Civil Court of the City of new York (new York and Queens Counties), 1989-99.

Ira obtained his Master of Laws degree (LL.M.) from new York University School of Law (1985), a Juris doctorfrom brooklyn Law School (1981), and a bachelor of Arts degree, magna cum laude, from Queens College,C.U.n.Y. (1977). Since 2008, he has been a member of the Faculty of the University of Phoenix, College ofbusiness and Management. Ira, who speaks Spanish fluently, teaches business law and related course work, atboth the undergraduate and graduate course levels, as well as United States constitutional law.

Ira is admitted to practice in the U.S. Supreme Court, the Court of Appeals for the Second, Seventh, eleventhand Federal Circuits, and all state and Federal courts in new York and Florida. he is a Member of the Federalbar Association and the International Trademark Association (InTA). he has been honored to receive theMartindale hubbell’s AV Preeminent 5.0 out of 5 Peer Review rating, and was named a member of Legal elite in 2009 by Florida Trend.