Kevin Markow (Shareholder)
kmarkow@becker-poliakoff.com

Professional Experience
Mr. Markow is a shareholder whose practice focuses on complex commercial and business litigation. Mr. Markow routinely handles cases in the areas of corporate and shareholder disputes, trademarks, copyrights, unfair competition, real estate, land use, government litigation, securities, fraud, and casualty/insurance claims.

Mr. Markow represents companies along the spectrum of corporate structures ranging from large publicly traded companies to closely held private entities. He represents and defends owners of intellectual property in all manner of disputes regarding trademarks, copyrights, trade secrets, and domain names. Mr. Markow has also represented local governments, developers, land owners, brokers and interested parties in complex real estate, land use and zoning matters.

Mr. Markow has extensive experience litigating in State and Federal Courts throughout Florida and other jurisdictions. Mr. Markow has represented clients with claims in each of the above areas valued in the several millions of dollars, and has a proven track record of obtaining favorable results through jury and non-jury trials, and through negotiated settlements. Mr. Markow also practices appellate advocacy and has a noteworthy record of published opinions.

Notable Client Work:

Mr. Markow has:

• Represented a real estate developer in a breach of contract suit against famed boxing promoter Don King regarding a high profile parcel of property located in Palm Beach County . Mr. Markow prevailed on behalf of his client in trial, and before the appellate court.
  
  
• Represented financial institutions against the FDIC in litigation relating to the bank's failure. He has also represented the FDIC in its capacity as receiver for Amtrust Bank.
  
  
• Represented several entities in the enforcement and defense of restrictive post-employment covenants and non-competition agreements.
  
  
• Represented an internationally known motor cycle manufacturer in protection of trademarks utilized on and in connection with motorcycle accessories and gear. Mr. Markow has shut down counterfeiters and infringers, resulting in seizure of counterfeit goods.
  
  
• Represented a manufacturer and designer of fine contemporary Italian furniture. For this designer, Mr. Markow asserted claims for the violation of copyright of artistic features in certain designs and for the violation of trademark rights, which resulted in the cessation of infringing activities.
  
  
• Defended a city and a developer with vested rights under a development agreement with the city from constitutional challenges to the city's review criteria for development approval.
  
  
• Represented an internationally known designer of high-end jewelry and fashion accessories in copyright enforcement and counterfeiting actions. Mr. Markow protected his client's rights in its artistic expressions protected under the law.
  
  
• Represented a multibillion dollar federal bank in multiple trademark enforcement and domain dispute matters. Mr. Markow successfully litigated a range of claims including the infringement of the bank's registered trademark, false designation of origin, cyber-piracy, unfair competition, and deceptive and unfair trade practices.
  
  
• Represented a leading company of high-end ladies undergarments in trademark, trade dress, and design patent claims against a famous national retailer, who was utilizing the company's famous packaging for sale of the retailer's inferior line of ladies' undergarments.
  
  
• Represented a well known resort against an internationally known hotel and timeshare resort chain in an action concerning the resort's trademark. The case resulted in the recognition of the resort's mark and a halt of infringing activity by the international company.

Representative Cases and Select Reported Decisions:

• DK Arena, Inc. v. E.B. Acquisitions I, LLC, 31 So.3d 313 ( Fla. 4 th DCA 2010) (affirming trial court's finding that seller breached purchase and sale agreement in dispute concerning $23 million purchase and sale agreement for real estate. This case also firmly established precedent that detrimental reliance upon verbal representations in the context of a real estate transaction can, under certain circumstances, overcome the statute of frauds).
  
  
• In re Chira , 567 F. 3d 1307 (11 th Cir. 2009) (prevailed on behalf of purchaser of assets from bankruptcy estate in adversarial bankruptcy matter, authorizing purchasers acquisition of assets from trustee).
  
  
• Ohio Savings Bank v. Kempa , Not Reported in F. Supp. 2d, 2008 WL 1849011 (M.D. Fla. 2008) (Successfully prosecuted claims on behalf of bank for trademark infringement, false designation of origin, and cyber piracy).
  
  
• Town of Southwest Ranches v. Kalam , 980 So. 2d 1121 ( Fla. 4 th DCA 2007) (Defended government officials in civil rights litigation and established that it was proper for courts to determine government officials' immunity at the motion to dismiss stage).
  
  
• Cohen Financial, LP v. KMC/EC II/LLC, 967 So. 2d 224 ( Fla. 3 rd DCA 2007) (Prevailed on behalf of property owner seeking disbursement of loan proceeds in action brought by mortgage broker, seeking to freeze loan proceeds as security in commission dispute).
  
  
• Penichet v. American Recruiters Consolidated, Inc., 929 So. 2d 738 ( Fla. 4 th DCA 2006) (Prevailed on behalf of client seeking reversal of trial court judgment holding individual personally liable).
  
• Aqua Massage Intern., Inc. v. Licht , Not Reported in F. Supp.2d, 2004 WL 2359346, (S.D. Fla. 2004) (Defended a massage machine manufacturer in patent infringement litigation and claim for breach of restrictive covenants in a distribution agreement).
  
  
• Friends of Great Southern, Inc. V. City of Hollywood ex rel. City Com'n, 964 So.2d 827 (Fla. 4 th DCA 2007) September 19, 2007(No. 4D06-3365) (Defended the City of Hollywood and a developer with vested rights under a development agreement with the city, from Constitutional challenges to the city's review criteria for development approval).

Presentations and Publications
Mr. Markow has been a featured speaker at the Miami-Dade County League of Cities Luncheon where he lectured on issues related to the scope of government officials' immunity in civil rights litigation. Mr. Markow was a featured speaker at a seminar entitled, Knowing Your I.P. Rights, for Customs and International Trade industry professionals. Mr. Markow is also a regular speaker at firm meetings, seminars and local Bar events.

Activities and Memberships
Mr. Markow is on the Board of Directors for the South Broward Bar Association. He is also a member of the Business Litigation Section of the Florida Bar. Mr. Markow does pro bono work and consulting for charitable organizations, including the Make A Wish Foundation . Mr. Markow is active in the Jewish Federation; and was the North Dade Assistant Campaign Chair and a member of the Macabi World Union.

Bar Admissions
Florida Bar

Court Admissions
U.S. District Court for Southern District of Florida
U.S. District Court for the Middle District of Florida
U.S. District Court for Colorado
U.S. District Court for the Southern District of Texas
U.S. Court of Appeals for the Fifth Circuit
U.S. Court of Appeals for the Eleventh Circuit

Education
J.D., University of Pennsylvania, 1995
B.A., University of Maryland, 1992