Minding Your Business

Proskauer’s perspective on developments and trends in commercial litigation.

Lisa B. Markofsky

Lisa B. Markofsky

Associate

Lisa Markofsky is an associate in the Litigation Department. She focuses on business, probate and bankruptcy litigation, and has litigated matters in federal, state and bankruptcy courts throughout Florida.

In bankruptcy litigation, Lisa has defended numerous fraudulent transfer claims, most significantly representing one of the nation’s largest broker-dealers against claims seeking more than $100 million. In probate litigation, she has represented corporate fiduciaries, individual fiduciaries and beneficiaries, litigating claims such as breach of fiduciary duty, trust construction and trust modification through all phases of dispute resolution.

Subscribe to all posts by Lisa B. Markofsky

The Inadvertent Settlement Agreement (and How to Avoid it)

The recent case of Jarvis v. BMW of North America, LLC is an important reminder to attorneys to avoid inadvertently reaching a settlement agreement that is unacceptable to the client, or equally problematic, one that is missing critical (but not legally “essential”) terms and conditions. In Jarvis, the District Court for the Middle District of Florida … Continue Reading

Too Late To Ask the Court to Retain Jurisdiction to Enforce a Settlement Agreement?

Imagine this scenario: after years of litigation in federal court, your client reaches a settlement agreement with the opposing party. The lawsuit is dismissed pursuant to the settlement agreement and Federal Rule of Civil Procedure 41(a)(1). When the opposing party breaches the settlement agreement, you promptly file a motion to compel enforcement – only to … Continue Reading

Think Your Release is Ironclad? Consider California Civil Code Section 1542

Settlement agreements often include broad general releases covering claims existing from the “beginning of the world” to the settlement date – whether the claims are known or unknown to the releasing party. And in many states, such broad releases are valid and enforceable. Indeed, it is the peace provided by such releases that often makes … Continue Reading

Florida Court Says it’s Not Fraud When Misrepresentations are Made During Settlement Negotiations

When settling a case, litigators are naturally focused on avoiding “Round 2” of the litigation for their clients. Toward this goal, lawyers avoid drafting settlement agreements that include any sort of representations or warranties that could form the basis of a future claim against their own client. But as the recent Florida case of Moriber … Continue Reading
LexBlog