Josh M. Rubens
Partner

  • Josh focuses his practice on commercial litigation and trust and estate litigation.  In his commercial litigation practice, Josh represents clients in real estate, corporate/partnership, and breach of contract matters.  Josh has a particular focus representing real estate investors, developers, and commercial tenants and landlords.  In his trust and estate litigation practice, Josh represents trustees, beneficiaries, and other interested parties in fiduciary and guardianship matters.  Josh has participated in multiple trials and arbitration hearings.

    Prior to joining Kluger Kaplan in May 2011, Josh was an associate with Berger & Montague, P.C. in Philadelphia, Pennsylvania, where he advised and represented government entities, public pension funds, and other institutional investors in securities litigation matters.

    During law school, Josh completed an internship in the legal department of a Latin American investment bank and hedge fund manager based in Miami.  Josh also served as a Judicial Intern for the Eleventh Judicial Circuit Court in Miami.

    Josh lives in Coconut Grove with his wife and their daughter.

    • University of Miami School of Law, J.D., magna cum laude, 2008
    • Emory University, Goizueta Business School, B.B.A., concentrations in Finance and Organization and Management, 2005
    • Florida
    • New York
    • Pennsylvania
    • U.S. District Court for the Southern District of Florida
    • U.S. District Court for the Eastern District of Pennsylvania
      • 40 Under 40 Outstanding Lawyers of Miami-Dade County, Cystic Fibrosis Foundation, 2013
      • Up & Comer Legal Elite, Florida Trend Magazine, 2013 & 2015
      • Rising Star, Florida Super Lawyers Magazine, 2015-2016

    • Real Property, Probate and Trust Law Section of the Florida Bar
    • Urban Land Institute Southeast Florida/Caribbean, Miami Young Leaders Group
    • International and Comparative Law Review, Editorial Board Member
    • Recipient of the Dean’s Scholarship and the Daniel E. Murray Law Review Scholarship
    • The Society of Bar & Gavel
    • Member of the Men’s Varsity Tennis Teams at Emory University and Pennsylvania State University
    • University of Miami School of Law Young Alumni Committee, Member
    • Israel Bonds National New Leadership Executive Council, Vice Chair
    • Israel Bonds Miami Young Investor Society Executive Council, Chair
    • AIPAC Miami Club, Council Member
    • Greater Miami Jewish Federation Leadership Development Institute
    • Silver Bros. Villas Condominium Association, Inc., President
  • Real Estate-Related Litigation

    • Represent developer of South Beach condominium hotel property in partnership dispute arising out of sale of majority interest of property and management of the property following sale. Disputes involve allegations of fraudulent misrepresentations, failure to make capital contributions, mismanagement, and improper non-judicial foreclosure of limited liability company membership interests.
    • Represent developer of condominium hotel property in disputes with contractors, former partner, and third parties.
    • Represent owners of South Beach hotel property in action to partition real property.
    • Represent residential condominium developer in disputes with third-parties, condominium purchasers, and investor.
    • Represent purchaser of commercial office building in dispute with seller regarding seller’s alleged termination of purchase contract.
    • Represented lessee of South Beach hotel property in dispute against landlord for improperly terminating lease agreement providing redevelopment rights to lessee. Damages alleged exceeded $90 million.
    • Represented commercial tenant in eviction dispute with landlord regarding alleged nonpayment of rent.
    • Represented commercial real estate broker in dispute regarding commission owed for relating to multi-year lease agreement.
    • Represented lessee of assisted living facility in dispute to enforce option agreement to purchase real property.

    Commercial Litigation

    • Represent law firm in dispute with media agents regarding alleged unpaid fees.
    • Represented Ponzi scheme investors in clawback actions brought by bankruptcy trustee and in restitution proceedings involving government seizure and distribution of assets.
    • Represented private equity fund in action for fraud and breach of contract against portfolio company and principal.
    • Represented owner of restaurant group in dispute against commercial cleaning company and negotiating agreements with new cleaning companies.
    • Represented seller of commercial and industrial machinery in dispute with purchaser regarding equipment damaged in transit.
    • Represented sellers of multi-million dollar airport services company in action brought by purchaser before the ICC International Court of Arbitration alleging fraudulent misrepresentations.
    • Represented high-volume sales producers in action brought by former employer to enforce non-compete and non-solicitation agreements.

    Trust and Estate Litigation

    • Represent trust beneficiary in dispute with trustees regarding alleged breaches of fiduciary duties for excessive trustee commission and distributions to one trustee. Obtained judgment in favor of beneficiary following two-week bench trial. Appeal pending.
    • Represent disinherited beneficiaries against personal representatives in will contest action alleging undue influence and diminished and/or lack of capacity regarding more than $100 million in estate and trust assets.
    • Represent trustee and power of attorney holder in dispute with siblings regarding allegations of undue influence and settlor’s lack of capacity.
    • Represent personal representative in undue influence and lack of capacity action against caretaker for conversion of estate assets.
    • Represented estate and trust beneficiary in multiple actions against corporate and individual personal representatives and trustees for breach of fiduciary, removal, and recovery millions of dollars in attorneys’ fees.
    • Represented heirs of successful sports agent in dispute with personal representative and trustees regarding breaches of fiduciary duties.
    • Represented son in incapacity and guardianship proceedings regarding alleged fraudulent and other improper conduct committed by caretaker.

    Securities Litigation

    • Represented investors in various arbitrations before the Financial Industry Regulatory Authority (FINRA) alleging unsuitability, fraud, and other mismanagement. Awarded treble damages following two-week hearing in Wechsler v. Isdith, et al., 2012 WL 4847056 (Oct. 4, 2012), FINRA Case No. 10-04291.
    • Represented hedge fund in class action against investment bank alleging securities laws violations arising out of sale of collateralized debt obligations tied to residential mortgage-backed securities. Dodona I, LLC v. Goldman, Sachs & Co., et al., 847 F. Supp. 2d 624 (S.D.N.Y. 2012).
    • Represented pension funds in actions against Merrill Lynch, Citigroup, and Lehman Brothers alleging securities law violations related to subprime mortgage-related disclosures.