Webinar: Protecting Your Company From Misrepresentation Claims Through Contractual Exculpatory Clauses

Bilzin Sumberg's Homebuilders Series
February 26, 2015

Watch an in-depth Homebuilder Series webinar that will discuss protecting your company from misrepresentation claims through contractual exculpatory clauses. This seminar will discuss the case of Duggan, LLC v. Peacock Point, LLC, which held that under an "as is" contract containing disclaimers of warranty, a sophisticated purchaser is not entitled to recovery when the seller unintentionally misrepresented entitlements on the property.

Presented by Bilzin Sumberg litigation attorneys Mitch Widom and Wendy Polit, the webinar will discuss the application of the Duggan decision to: i) the 2013 trial in Lennar v. Olivia's Savannah, where the Second District Court of Appeals upheld the enforcement of the written contract against a purchaser who sued Lennar for negligent and fraudulent misrepresentations and ii) the potential benefits of the use of exculpatory clauses in purchase and sale contracts.

Mitch Widom and Wendy Polit obtained a full victory in Lennar v. Olivia’s Savannah, turning a $32 million fraud and misrepresentation claim against Lennar into a $14 million judgment in Lennar’s favor, and were named the 2013 ‘Most Effective Lawyers’ by the Daily Business Review.

About the Speakers

Mitchell E. Widom, Partner, Litigation

Mitchell E. Widom is the practice group leader of the firm's Litigation Group. He has a broad commercial trial practice with extensive experience in numerous jury and non-jury cases. Among other civil matters, he has handled litigation involving class actions, multi-district litigation, antitrust, probate and will contests, construction, intellectual property, partnership disputes, insurance, land use litigation, and bankruptcy preference and fraudulent transfers. Mr. Widom has represented major corporate defendants in lengthy and prominent jury trials.

Wendy Polit, Associate, Litigation

Wendy Polit is an Associate in Bilzin Sumberg's Litigation Group where she focuses her practice on complex commercial litigation matters, including class actions, antitrust and international arbitration and alternative dispute resolution. Wendy has represented clients in significant litigation matters both in state and federal court, as well as multi-district litigation.

Press Release October 04, 2018
Mitchell E. Widom was inducted as a Fellow of the American College of Trial Lawyers (ACTL) at the organization's Annual Meeting in New Orleans on September 29, 2018. The esteemed fellowship is is limited to no more than one percent of the population of lawyers in any individual state or province.
Press Release July 01,2016
Bilzin Sumberg announces that several of the Firm's partners were named in the 2016 edition of Florida Trend’s Legal Elite, an honor that less than two percent of attorneys statewide are selected to receive. The annual publication recognizes top lawyers in the state as selected by their peers.
Press Release May 5, 2020
Bilzin Sumberg is proud to announce three of its partners and its Litigation Practice Group are among the honorees of Daily Business Review's (DBR) 2020 Professional Excellence Awards.