MARK MIGDAL & HAYDEN HIRES INTERNATIONAL LITIGATOR FROM BILZIN SUMBERG

Over the past year, COVID-related disputes and Florida-bound migration have bolstered the international litigator’s practice while Latin American clients dealt with the region’s economic slowdown.

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By Dan Roe, Daily Business Review | July 22, 2021

What You Need to Know

  • The board-certified international arbitration and litigation partner is bringing all of his clients with him.

  • Ferrer’s practice has been bolstered by disputes from people and business moving to Florida.

  • Founding partner Don Hayden said he predicts Latin American work to increase in 2022.

South Florida commercial litigation boutique Mark Migdal & Hayden deepened its international bench last week with the hiring of international litigator José Ferrer, a former Bilzin Sumberg Baena Price & Axelrod partner of 11 years.

Over the past year, COVID-related disputes and Florida-bound migration have bolstered his practice while Latin American clients dealt with the region’s economic slowdown.

“As people move here, they bring their families and their businesses and also their disputes. We’re starting to see a lot of those folks coming from other jurisdictions,” said Ferrer, who represents clients on multinational issues including real estate, media and entertainment, and banking and finance, among others. “They’re seeking litigation advice as a prophylactic measure, as a way of doing business here. The biggest boost to my practices has been that, folks coming in from out of town seeking prophylactic advice on the litigation consequences of their disputes.”

Litigation and disputes from force majeure clauses are also likely to continue in the near term, Ferrer said.

Longer term, founding partner Don Hayden said he expects more work from Latin America as depressed economies continue to recover from the pandemic.

“I do see, in the next six to 12 months, more business revival out of Latin America,” Hayden said.

Ferrer said he opted to join Mark Migdal & Hayden in part because he and Hayden had practiced together at Baker McKenzie, and Ferrer said he wanted to grow his international arbitration and litigation practice alongside Hayden’s. He also cited the opportunity to collaborate on consequential cases with other “fantastic litigation firms” in South Florida.

In an interview, Ferrer said he will be bringing all of his clients with him.

“I enjoyed working with José and I’m really excited we’re going to be working hand in hand,” Hayden said. “This is a big deal for us in that José has developed a substantial book of business, and he’s a Spanish-speaker who has some incredible clients and a good reputation in the cross-border disputes area. This does a lot for our bench.”

Hayden said the firm, which he co-founded in 2017 and now employs 14 attorneys, is looking to add rising stars in commercial litigation. Up against increasing salary competition from Big Law, he said the firm’s recruiting edge comes from hands-on experience and a clear path to partner.

“Salaries are very high. We’re not going to match the base salary of some of these top Big Law firms,” Hayden said. “But we will give young attorneys incentives to develop their own practice, which the Big Law firms probably won’t be offering them.”

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