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Former Berger Singerman partners form specialty litigation boutique
centered on legal practice of the future

We have changed three things

MIAMI (Oct. 5, 2017) – Addressing two primary client complaints about lawyers – poor communication and unpredictable fees –attorneys Etan Mark, Josh Migdal and Don Hayden announced today the formation of Mark Migdal & Hayden (MM&H), a Florida boutique litigation law firm. The new partnership will integrate a contemporary approach to realign the attorney-client relationship through advanced technology, fee predictability and collaborative case management. With no intention of being a full-service firm, MM&H offers a hyper-specialized focus on complex commercial litigation, as well as domestic and international business disputes and appeals.

Mark and Hayden, previously partners at Berger Singerman and at different times head of its litigation practice, joined together with former Stolzenberg Gelles Flynn & Arango LLP partner Migdal, as a power team that will embrace and lead the next evolution of the legal landscape in Florida. The partnership collectively brings more than 40 years of experience in South Florida, with dozens of trials under their belts.

MM&H possesses a winning combination of key differentiators that position the firm as the modern-day “go to” for legal counsel, with a 2017 management style (instead of 1917). To do this, transparency is a cornerstone of the practice, which includes defining and maintaining client fee structures and engaging in early case assessments to deliver the highest degree of efficiency and customer service. Clients will have direct access to case files and billing, in real time, through a secure and dedicated extranet. The firm is also developing proprietary technology to enhance fluidity of this process.

“We are the next incarnation of specialty lawyers who combine a winning track record with a revolutionary approach that leverages forward-looking resources to meet the ‘new’ expectations of a law firm,” said Mark. “Cases should be staffed appropriately, technology needs to be embraced, and communication must be constant and timely. It is a formula that requires a change in our industry, and we have mastered it.”

MM&H’s experience in the legal community runs deep. Currently, the firm is involved in a $1 billion class action lawsuit against Herbalife and 44 of its top distributors. Clients include the FDIC in its capacity as receiver for financial institutions throughout Florida and other significant private companies across key industries in the state, including real estate development, manufacturing, banking and financial services. Their experience with real estate developers and venture capital investors is regularly sought for disputes, and they frequently serve as co-counsel with Florida’s most established law firms and as local counsel for law firms throughout the country.

Photograph of Don Hayden, Etan Mark and Josh Migdal

Photograph of founding partners, Don Hayden, Etan Mark and Josh Migdal

Mark focuses his practice on complex commercial litigation, including real estate disputes, civil RICO, and allegations of fraud. He began his career at the New York office of Weil Gotshal & Manges and clerked for Chief Judge K. Michael Moore in the U.S. District Court, Southern District of Florida. Mark earned a juris doctorate from George Washington University School of Law and undergraduate degree from University of Michigan.

Migdal’s practice expertise also focuses on complex commercial litigation, in addition to insurance coverage disputes, corporate divorce, business torts, professional negligence, real estate disputes, and repurchase and indemnity claims. He received his juris doctorate from Loyola University Law School and undergraduate degree from University of Wisconsin.

Hayden is a commercial litigator and international arbitrator, and serves clients in multiple jurisdictions. He was a partner at the Chicago and Miami offices of Baker & McKenzie, where he practiced for 28 years and was managing partner of its Miami office. Hayden has represented AT&T, Knauf Plasterboard, Borg Warner, Banco de Brasil, Travelers Insurance, Google and SAP. He earned a juris doctorate from Loyola University Law School and undergraduate degree from Notre Dame University.

Prominent attorneys to join the MM&H team include Lara O’Donnell Grillo and George Bruer. O’Donnell, formerly with Berger Singerman, concentrates on complex business litigation, arbitration and appeals. She handles state and federal appeals and clerked for the Eleventh Circuit Court of Appeals for Senior Circuit Judge Peter Fay. Breur, who joined from Stolzenberg Gelles Flynn & Arango LLP, was instrumental in the development of case law in the Eleventh Circuit with respect to closing protection letter claims. He has significant experience in construction litigation, insurance disputes and corporate divorce matters.

The firm is located at Brickell City Tower. For more information, visit markmigdal.com.

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About Mark Migdal & Hayden
Mark Migdal & Hayden (MM&H) is a Florida boutique litigation law firm located in the heart of Miami’s financial district of Brickell. Formed by Etan Mark, Josh Migdal and Don Hayden, the firm integrates a contemporary approach to the attorney-client relationship, with key differentiators that include advanced technology, fee predictability and collaborative case management. MM&H offers a hyper-specialized focus on complex commercial litigation, as well as domestic and international business disputes and appeals. Current clients include the FDIC and a diverse portfolio of enterprises in real estate, venture capital, manufacturing, banking and financial services. For more information, visit markmigdal.com.