Josh M. Rubens
Partner

  • Josh is a trusted advisor to his clients. Josh’s clients regularly count on him to resolve disputes in an efficient and cost effective manner.

    Josh focuses his practice on commercial, real estate, and trust and estate matters. In his commercial and real estate practice, Josh represents clients in breach of contract, partnership/LLC/corporate, tort, and related matters. Josh has a particular focus representing real estate developers, investors, and commercial tenants and landlords. In his trust and estate practice, Josh represents trustees, beneficiaries, and other interested parties in fiduciary and estate administration matters.

    Josh became a partner at Kluger Kaplan in January 2015. Prior to joining Kluger Kaplan in May 2011, Josh was an associate with Berger & Montague, P.C. in Philadelphia, 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 two daughters.

    • 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, 2015-2018

    • 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
    • Israel Bonds National New Leadership Council, National Campaign Advisory Council, and Miami Young Investor Society Council
    • AIPAC Miami Club and AIPAC Real Estate Division
    • Greater Miami Jewish Federation Leadership Development Institute
    • University of Miami School of Law Young Alumni Committee
    • Silver Bros. Villas Condominium Association, Inc., President
  • Real Estate-Related 

    • Represented residential condominium developers in disputes with subcontractors, partners, purchasers, and/or third parties.
    • Represented commercial landlords and tenants in breach of lease and eviction disputes.
    • Represented property owners in trespass and encroachment disputes.
    • Represented owners of commercial and residential properties in actions against other tenants in common to partition and sell real property.
    • Represented purchasers of commercial and residential properties in disputes with sellers regarding purchase contracts.
    • Represented hotel property tenant in dispute with landlord regarding improper termination of ground lease.
    • Represented commercial broker in dispute with client regarding commission owed.
    • Represented commercial property owner against broker for violations of Chapter 475, Florida Statutes.

    Commercial

    • Represented partners/members/shareholders in disputes involving operation and management of partnerships, limited liability companies, and corporations.
    • Represented restaurant owner in disputes with employees, contractors, and vendor.
    • Represented private equity fund in action for fraud and breach of contract against portfolio company and principal.
    • Represented Ponzi scheme investors in actions brought by bankruptcy trustee and in restitution proceedings administered by the DOJ.
    • Represented seller of industrial machinery in dispute with purchaser regarding sale of equipment.
    • Represented seller of aviation services company in action brought by purchaser alleging fraudulent misrepresentations in purchase agreement.
    • Represented leading law firm in dispute with advertising agents.
    • Represented employees in action brought by former employer to enforce non-compete agreements.

    Trust and Estate 

    • Represented beneficiary in dispute with trustees regarding alleged breaches of fiduciary duties. Turkish v. Brody, 221 So. 3d 1206 (Fla. 3d DCA 2016)
    • Represent beneficiaries against personal representatives in will contest and trust actions. Vasallo v. Bean, 208 So. 3d 188 (Fla. 3d DCA 2016)
    • Represented personal representative in undue influence and lack of capacity action against caretaker for conversion of assets.
    • Represented interested parties in will contest seeking to invalidate estate plans.
    • Represented trustee regarding allegations of undue influence and settlor’s lack of capacity.
    • Represented beneficiary in actions against trustees for breach of fiduciary.
    • Represented interested parties in incapacity and guardianship proceedings.
    • Represented personal representatives and interested parties in estate administration proceedings.

    Securities 

    • Represented investors in various arbitrations before the Financial Industry Regulatory Authority (FINRA) and the International Centre for Dispute Resolution (ICDR) 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 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 related to subprime mortgage-related assets and disclosures.*

    *Representation was handled prior to joining Kluger Kaplan.