Welcome!Shendell & Pollock, P.L. is a full service litigation and busi-ness law firm providing a comprehensive range of services toa wide variety of clients including publicly traded companies,privately owned businesses, banks and insurance companies,financial institutions and private lenders, professionals andprofessional corporations, government institutions, not-for-profit organizations and individuals.

Shendell & Pollock, P.L.'s diverse practice — focusing in theareas of Complex Insurance Defense, Coverage and BadFaith Litigation, Governmental and Insurance RegulatoryLaw, Commercial/Business Litigation, Construction and RealEstate Litigation, Securities and NASD Litigations andArbitrations, Real Estate Transactions and ProjectDevelopment, and Appellate Law — reflects the wide capa-bilities of our attorneys, drawn together to help our clientsachieve their goals and provide them with the highest qualitylegal representation.

Shendell & Pollock, P.L. endeavors to deliver the highestquality of legal services in a practical and efficient manner,bringing to bear the judgment, common sense and expertiseof well trained, business-minded lawyers. To do this, theattorneys emphasize aggressive and cost-effective representa-tion and carefully measure client costs against the associatedrisks and rewards. While comfortable and confident in thecourtroom, we recognize that settlement sometimes providesthe best results for our clients. Through continuous reportingour clients are kept in a position to make the best businessdecisions, whether it be a litigation, regulatory issue or trans-actional matter.

Shendell & Pollock, P.L. has offices throughout the State ofFlorida to provide representation throughout the Miami/Ft.Lauderdale, Boca Raton/West Palm Beach, andOrlando/Tampa areas. The firm also provides representationthrough its affiliates in the New York Metropolitan Area(New York and New Jersey). The close integration of ouroffices gives us the flexibility to serve our clients' needs in a

variety of geographic areas. The communities in whichShendell & Pollock, P.L. provide legal representation havedynamic economies and growing populations.

In addition, Shendell & Pollock, P.L. maintains collaborativeworking relationships with other law firms, accounting firms,fraud examiners, consultants, banks and other business insti-tutions to provide a full compliment of expertise to ourclients. When necessary, we can quickly and efficientlyassemble and manage a multi-jurisdictional and multi-disci-plinary team to address our clients' goals and objectives.

Practice groups:• General and Professional Liability Insurance

Defense Litigation

• Insurance Coverage and Bad Faith Litigation• Government and Insurance Regulatory Affairs• Commercial/Business Litigation• Construction Litigation• Real Estate and Title Insurance Litigation• Probate Litigation• Securities Litigation, NASD Arbitration and

SEC/NASD Enforcement Actions

• Real Estate Transactions and Project Development

• Appellate Law

Main Office: Shendell & Pollock, P.L.One Park Place621 N.W. 53rd Street, Suite 310Boca Raton, Florida 33487Phone 561-241-2323Fax 561-241-2330www.shendellpollock.com

Gary R. Shendell is a 1987 graduate of James Madison University where he received his Bachelor of ScienceDegree in Accounting. He obtained his juris doctorate in 1992 from the University of Miami School of Law. He is admittedto the Bars of the State of Florida and State of New Jersey. He is admitted to practice before the United States SupremeCourt, the Federal Southern, Middle and Northern District Courts of Florida and all Circuit and County Courts in Florida.

Mr. Shendell is the former founding shareholder of the Fort Lauderdale office of Marshall Dennehey Warner Coleman &Goggin, where he concentrated his practice from 2002-2006 in complex insurance and commercial litigation. In addition toserving as managing shareholder for S&P, Mr. Shendell continues to concentrate his practice in these litigation areas. Hisinsurance litigation practice includes the defense of professionals, including: attorneys, accountants, architects and engineers,directors and officers, brokers-dealers, insurance agents, fiduciaries, real estate agents and title agents. He lectures onaccountants' liability and risk management issues before numerous groups and firms throughout South Florida.

Mr. Shendell also prosecutes and defends first party and third party coverage matters, including recision issues. He hasexperience in monitoring complex matters for excess insurance carriers. He has assisted clients and carriers in theircompliance with Florida's Insurance Code in order to avoid potential waiver of defenses. He also provides insurancecoverage opinions, and when required, pursues actions for declaratory relief. Mr. Shendell has been involved in insuranceregulatory affairs nationally.

Mr. Shendell devotes considerable time in matters of complex commercial litigation, including disputes in the areas ofconstruction, contract, fraud, deceptive trade practice actions, and business torts. His construction litigation practice hasinvolved a wide variety of construction related issues, including: construction and design defects, disputes among ownersand contractors, indoor air quality and mold. Mr. Shendell utilizes his experience in tax probate and estate planning in theprobate litigation arena as well.

He brings to the firm a unique combination of accounting and corporate skills developed during his tenure at a corporate lawfirm and in public accounting with J.H. Cohn & Company in Roseland, New Jersey. This background is invaluable to hisrepresentation of individuals, private and public companies and non-profit entities in a broad range of business matters.

Areas of Practice:Professional LiabilityDirectors and Officers LiabilityGeneral LiabilityNursing Home LiabilityInsurance Coverage and Bad Faith LitigationInsurance Regulatory and Gov. Affairs Construction Business and Commercial Litigation & Law Real Estate & Title LitigationTransportationSecurities/NASD Litigation

Professional Associations:American Bar AssociationLawyers Professional LiabilityProfessional Liability Underwriters SocietyBroward County Bar Association

Education:University of Miami School of Law, Coral Gables, Florida

1992 - J.D., Doctor of JurisprudenceJames Madison University, Harrisonburg, Virginia,

1987 - B.S., Accounting, Cum Laude

email: gary@shendellpollock.comwww.shendellpollock.com

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Lawyers Professional Liability

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Lawyers Professional Liability: Fifteen years of experience representing lawyers inprofessional liability cases involving a wide range of underlyingmatters concerning real estate transactions and projectdevelopment, construction, title insurance, corporate and SECmatters, complex commercial litigation, Fair Debt Collection,employment practices, and probate and estate planning.Represent and advise law firms concerning critical practiceissues including:

• Consultation on issues concerning conflicts of interestarising from common clients, direct client conflicts,financial interest, material witness and withdrawal fromengagement;

• Consultation on the issuance of legal opinions andcompliance with the standards governing legal opinions;

• Risk management practices to minimize exposure tomalpractice claims;

• Consultation on the role and scope of duties of the realestate project development attorney;

• Defense of professional misconduct and ethicalinvestigation by The Bar and other regulatory agencies.

• Review and analysis for client third party communicationsincluding engagement letters, status letters attorney suitevaluations and demand letters;

• In-house training for professionals;• Trade association presentation on risk management for

lawyers.

Typical Lawyers Professional Liability Cases:• Defense of claim for $60 Million by developers and

investors against project attorney concerning residentialand commercial real estate projects;

• Defense of claims against lawyer serving as counsel,closing agent and title agent in real estate transactions;

• Defense of claims for $60 Million against lawyer serving ascorporate counsel to officers and directors of private andpublic company concerning development of corporatestructure to facilitate fraudulent scheme;

• Defense of claim for $20 Million against probateadministration lawyer for failure to supervise special litigationcounsel in defending will contest;

• Defense of claim for $8 Million against law firm in underlyingTitle VII case alleging failure to bring a constructivedischarge claim;

• Defense of claim for $36 Million against law firm forpreparation of promotional materials for real estateinvestment fund formed for the purpose of flipping foreclosedproperties;

• Defense of claim for $10 Million again law firm for failing toprevent development of bad faith claim arising out ofunderlying personal injury case.

Insurance Claims and Coverage Counsel: Representation of professional liability programs involvingcompliance with Florida Claims Administration Statute, coverageopinions and declaratory actions. Consultation of insurers relatedto licensing of professional claims adjusters and continuingeducation requirements.

Coverage Litigation Cases:• Representation of insurer in declaratory action against real

estate developers concerning whether claims for $15 Millionrelated to failed condominium conversion project triggeredaggregate policy limit;

• Representation of insurer in settlement negotiation of classaction brought by consumers who brought underlying claimsof violation of Fair Debt Collection;

• Representation of insurer against claim by Plaintiffconcerning use of unlicensed claims professional to adjustclaim in the State of Florida;

• Representation of insurer in declaratory action concerning“misrepresentation in the application” and failure to providetimely notice of claim;

• Representation of insurer in declaratory action concerningdistinction of claims arising out of allegations of fraud andintentional acts as opposed to breach of fiduciary duty.

www.shendellpollock.com

Accountant Professional Liability Practice SnapshotGary R. Shendell

Attorney

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Accountant Professional Liability: Fifteen years of experiencerepresenting accountants in professional liability cases involvingknowledge and understanding of financial statements, businesspractices and accounting professional standards. Represent andadvise accounting firms concerning critical practice issues, includ-ing:

• Consultation on withdrawal from engagement, issuance ofqualified opinions, responding to subpoenas, disputesbetween common clients, loss of client integrity and compli-ance with AICPA professional standards;

• Consultation on expanding audit procedures to include reten-tion of experts for opinion on business transactions of clients;

• Risk management practices to minimize exposure to malprac-tice claims;

• Impact of new legislation and compliance issues (2002Sarbanes-Oxley Act.);

• Defense of professional misconduct investigations by govern-mental and AICPA disciplinary authorities;

• Review and analysis of client and third party communicationsincluding engagement letter, third party representation letters,management letters and client representation letters;

• In- house training for professionals;• Trade association presentations on risk management for

accountants.

Typical Accountant Professional Liability Cases:• Defense of claims by officers, directors and shareholders

against auditors of private and public companies for allegedfailure to detect fraud;

• Defense of claims by bank group against auditor for allegedfailure to confirm existence of collateral;

• Defense of claims by public companies against auditors foralleged failure to timely disclose accounting irregularitiescausing the late issuance of Form 10-K’s;

• Defense of tax practitioners against claims for tax liability andpenalties imposed upon clients concerning tax deductions;

• Defense of claims for alleged failing to detect “PonziScheme” by promoter of investment limited partnership;

• Defense of claims brought by real estate developers andinvestors against accountants for alleged failure to properlyreport on financial status;

• Defense of claims brought by debtor in possession againstauditor for alleged failure to detect controller errors in under-standing payroll withholding liability;

• Defense of accountants regarding Section 10b-5 claims.

Insurance Claims and Coverage Counsel: Representation ofinsurer of professional liability insurance programs related to compli-ance with the Florida Claims Administration Statute, coverage opin-ions and declaratory actions. Consultation of insure-related to licens-ing of professional claims adjusters and continuing educationrequirements.

Coverage Litigation Cases: Representation of insurers and reinsur-ers concerning coverage issues and claims of bad faith, including:

• Representation of insurer in settlement negotiations of classaction brought by investors in real estate project with $150Million in claims, $5 Million in demanded insurance coverage ,and $2 Million in actual insurance coverage, including settle-ment of claims and resolution of reimbursement claim againstpolicy holder;

• Representation of insurer in settlement negotiations concerningrelated claims involving a mortgage service organization involv-ing issues of whether aggregate policy limit triggered withcoverage demand of $20 million and actual coverage of $5million;

• Representation of insurer in coverage defense of “misrepresen-tation in the application” concerning issue of knowledge ofcircumstance that led to an auditor malpractice claim assertingdamages in excess of $100 million;

• Representation of excess insurer in coverage defense againstprimary insurer on basis of failure to provide timely notice ofclaim involving damage claim in excess of $75 million.

email: gary@shendellpollock.comwww.shendellpollock.com

Community Association Litigation Practice SnapshotTitle Agent Liability Practice Snapshot

Mark H. Heinish, Attorney

Condominium and Homeowners’ AssociationLitigation: A decade of experience representingcondominium and homeowners’ associations, as wellas cooperative associations, commercialcondominiums, and condominium-hotels, in all aspectsof litigation. Represent and advise condominium andhomeowners’ associations concerning critical practiceissues, including litigation and appeals, concerning:• Analysis and interpretation of covenants and

restrictions; • Assist various Boards and committees on fiscal

matters, including budgets, reserves and assessments. • Collection of assessments and foreclosure; • Covenant enforcement and violations; • Covenant revitalization and revival under

Marketable. Record Titles to Real Property Act;

• Construction defects and other issues involving developer turnover; and unit owner-controlled Association develop issues.

• Casualty claims, including hurricane damage claims;

• Legislative and statutory updates; • Disputes with vendors.

Condominium and Homeowners’ AssociationLiability Defense: Represent and advise condominiumand homeowners’ associations regarding liabilitymatters involving:• Defense of claims by association members for

damage to condominium units for failure to maintain common elements;

• Defense of claims by guests or invitees for failure to maintain common elements or common areas;

• Defense of claims by association members for breach of fiduciary duty, related to accounting including failure to fund reserves, failure to prepare budgets or provide audits, failure to approve purchase or lease, and selective enforcement;

• Defense of claims against Board of Directors related to hurricane and other property damage claims distinguishing ordinary report and storm related damage.

• Defense of claims for breach of contract; • Defense of claims for defamation, libel, and slander; in

connection with communicates circulated to association members.

• Defense of claims by association members for failure to provide access to official records of association;

• Defense of board of director recall claims or other board of director disputes;

• Defense of attacks on Chapter 718 (Condominium Act) and Chapter 720 (Homeowners’ Association Act) as unconstitutional.

Community Association Manager Liability Defense:Represent and advise community association managersconcerning:• Defense of claims for breach of fiduciary duty; and

interpretation of professional services arising out of management contracts;

• Defense of claims of accounting discrepancies and use of reserve funds for community purposes.

• Defenses of Fair Debt Collection Practices Act Claims, arising out of manager collection practices against Managers, Accountants and Lawyers.

Shendell & Pollock, P.L.One Park Place621 N.W. 53rd Street, Suite 310Boca Raton, FL 33487561-241-2323561-241-2330 faxwww.shendellpollock.com

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