Lisa B. Markofsky

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.

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11th Circuit Rejects Litigant’s “Creative Effort” To Escape Forum Selection Clause Requiring Federal Forum

Common practice dictates that plaintiffs often prefer to be in state court – and will sometimes go to great lengths to avoid federal court jurisdiction. That was the case in Deroy v. Carnival Corporation, a recent Eleventh Circuit decision, wherein the court rejected a plaintiff’s “creative effort” to escape a forum-selection clause requiring her to … Continue Reading

Consider Whether the Promise of a Bird in the Hand is Better Than Two in the Bush

By Lisa B. Markofsky on October 17, 2017 Posted in California Rules, Litigation, Settlements

When drafting settlement agreements, most lawyers give due attention to the scope of any release clause. And for good reason: for defendants, the extent to which the release protects against future litigation is critical, and for plaintiffs, the extent to which it preserves future claims may be equally critical. But lawyers – and particularly those … Continue Reading

The Inadvertent Settlement Agreement (and How to Avoid it)

By Lisa B. Markofsky on May 19, 2017 Posted in Commercial Litigation, Settlements

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?

By Lisa B. Markofsky on February 10, 2017 Posted in Litigation, Settlements

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

By Lisa B. Markofsky on August 9, 2016 Posted in California Rules, Settlements

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

By Lisa B. Markofsky on April 5, 2016 Posted in Settlements

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

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

Lisa B. Markofsky