Advanced Legal Writing for Florida Business Litigators: Drafting Persuasive Motions, Briefs, and Business Court Filings

Mark R. Osherow, Florida Bar Board Certified Specialist in Business Litigation | Osherow, PLLC

Mark R. Osherow is a Florida Bar Board Certified Specialist in Business Litigation who practices at Osherow, PLLC in Boca Raton, Florida, and is Of Counsel to Palm Law Partners, P.A. He received an Excellence in Writing Award from The Florida Bar in 2004 and serves on the editorial board of The Florida Bar Journal. His litigation work covers trade secret and non-compete disputes, business torts, fraud, securities, professional liability, and corporate, partnership and bankruptcy disputes, and he is admitted before the United States Supreme Court, the Eleventh Circuit, and the Southern, Middle and Northern Districts of Florida. Over more than 33 years of practice he has taken countless depositions and served as first chair in numerous trials, arbitrations and mediations.

• Education & Credentials

Mr. Osherow earned his J.D. from the Benjamin N. Cardozo School of Law at Yeshiva University in New York in 1988, following a B.A. in philosophy from the University of Pennsylvania in 1985. The Florida Bar has certified him as a specialist in business litigation. He is admitted to practice in Florida (1994), New Jersey (1990), New York (1989) and Connecticut (1988), and before the United States Supreme Court, the United States Court of Appeals for the Eleventh Circuit, the Southern, Middle and Northern Districts of Florida, the Southern, Eastern and Northern Districts of New York, and the District of New Jersey.

• Recognition & Leadership

The Florida Bar recognized his writing with an Excellence in Writing Award in 2004, and he sits on the editorial board of The Florida Bar Journal. He is a past chair of The Florida Bar Business Litigation Certification Committee, was appointed to the Bar’s Board of Legal Specialization & Education for an additional term through 2021, and was appointed to its Federal Practice Committee.

He holds an AV Preeminent Peer Review Rating from Martindale-Hubbell. He was named to The Best Lawyers in America from 2014 through 2020 and to Florida Super Lawyers from 2007 through 2020, appeared in the 2017 Top 100 Miami Area Super Lawyers, and was listed in Florida Trend Magazine’s Florida Legal Elite in 2013 and 2014. He was a Litigation/Civil Trial finalist for Leaders in Law in 2014, received Trial Lawyers Care pro bono recognition in November 2004 for his work with the September 11th Victim Compensation Fund, and has been featured in the Palm Beach County and Fort Lauderdale editions of Attorney at Law magazine.

• Professional Involvement

He writes regularly for practitioner audiences. His articles include “Counsel Beware: Considerations Before Implementing Florida’s Civil Theft Statute” and “Florida Medical Malpractice and the Statute of Limitations,” both published in The Florida Bar Journal in 2003; “Procuring Cause: When is a Broker Wrongfully Excluded from the Deal?” (2018); “The Defend Trade Secrets Act of 2016: New Federal Protection for Trade Secret Misappropriation” (2016); “What Employers and Employees in Florida and the Eleventh Circuit Need to Know about Computer Use and Access Under the Computer Fraud and Abuse Act” (2015); “Discovery Concerning Consulting Experts” (2015); “Electronic Discovery Basics” Parts I and II (2013-2015); “Metatags and Keyword Tags in Business and Trademark Litigation” (2013); and “Ownership of Contacts on LinkedIn” (2014). He is a frequent presenter on e-discovery for commercial litigators.

He served eleven years on the Board of Directors of the South Palm Beach County Bar Association, including terms as President (2015-2016), President-Elect (2014-2015), Treasurer (2013-2014) and Secretary (2012-2013), and co-chaired its Professionalism Committee in 2017-2018. He is a member of the Craig S. Barnard American Inn of Court LIV (2020), chairs the Fifteenth Judicial Circuit Grievance Committee, served two terms on The Florida Bar Standing Committee on Unlicensed Practice of Law, and sits on the Fifteenth Judicial Circuit Pro Bono Committee and the Palm Beach County Judicial Information Systems Policy Board. He formerly served on the Junior Achievement Board of Directors.

• Experience

His practice is concentrated in the commercial disputes this program addresses: trade secret and noncompete litigation, business torts, fraud, securities, professional liability, and corporate, partnership and bankruptcy disputes, including corporate and partnership dissolution. He has extensive trial and alternative dispute resolution experience, and over more than 33 years has taken countless depositions and served as first chair in numerous trials, arbitrations and mediations. His boutique litigation practice was recognized as a Go-To Law Firm by Corporate Counsel magazine in 2007.

He also handles real estate and construction matters; labor and employment cases, including claims under Title VII, the FLSA, the ADA, the FMLA and the Computer Fraud and Abuse Act; probate litigation, estate planning and trusts; insurance coverage and ERISA benefits litigation; consumer protection, class actions and products liability; and e-discovery, data breach and cyber defamation matters.

He serves as a Florida Qualified Arbitrator and a Florida Supreme Court Civil Mediator, acts as an e-neutral including as e-discovery special master or magistrate and as an e-discovery mediator, and has served as an arbitrator with FINRA and the American Arbitration Association.

SESSION 1 – Writing Persuasive Motions in Florida Business Litigation | 12:00pm – 1:00pm

Effective written advocacy often determines the outcome of business disputes long before trial. This session explores best practices for drafting persuasive motions in Florida business litigation, focusing on organization, factual presentation, legal analysis, and strategic argument development. Participants will learn techniques for producing concise, credible, and compelling filings that resonate with judges and strengthen their clients’ positions.

BREAK | 1:00pm – 1:10pm

SESSION 2 – Strategic Brief Writing for High-Stakes Commercial Disputes | 1:10pm – 2:10pm

Complex commercial litigation requires clear, strategic, and persuasive written advocacy at every stage of a case. This session examines advanced brief-writing techniques for dispositive motions, responses, and other significant filings in Florida business litigation. It also addresses effective use of the record, ethical considerations in legal writing, and the evolving role of AI-assisted drafting while maintaining professional judgment and credibility.