MITCHELL W. BERGER CURRICULUM VITAE November 2012

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1 MITCHELL W. BERGER CURRICULUM VITAE November 2012 Home Address: 1424 SE 12 Street Unit 2-2A Ft. Lauderdale, FL (954) Business Address: 350 East Las Olas Boulevard Suite 1000 Fort Lauderdale, FL (954) Personal Data: Professional: Age: 56 Birth date: May 18, Birthplace: Brooklyn, New York. Marital status: Single Four children: Meredith 30 years old, Scott 27 years old, Amanda 25 years old, and Alex 20 years old. Health: Excellent. Founder ofberger Singennan LLP, a fun service business law ftnn, with offtces in Fort Lauderdale, Miami, Tallahassee and Boca Raton, Florida. Presently 75 lawyers in ftnn (1985-present). Served as its Chainnan from its founding in 1985 until 2012; currently serving as its Co-Chair. Partner, Berger & Berger, a law ftnn in Chattanooga, Tennessee ( ). Clerk, Alan C. Sundberg, then-chief Justice of Supreme Court of Florida (1980). Admitted to practice before the United States Supreme Court, the United States Court of Appeals (3 rd, 6 th and 11th Circuits), the United States District Court (Southern District of Florida, Middle District of Florida, Northern District of Florida, Eastern District of Tennessee, and District of New Jersey), the United States Court of Federal Claims, the United States Tax Court, the United States Bankruptcy Court for the Southern District of Florida, and all state courts in Florida, New Jersey and Tennessee. Private Boards: Chair of the Student Loan Marketing Association (Presidential Appointment) (August, July, 2001). - Elected as Vice Chainnan ( ). - Appointed as a Director (Presidential appointment) (March, July, 2001). Oversaw initial privatization of the government sponsored enterprise. Member of Coastal Physician Services Board of Directors )

2 Public Boards and Commissions: Member of the Governing Board of the South Florida Water Management District, appointed by Governor Lawton Chiles and confirmed by the Florida State Senate ( March, 2001). - Chair, Audit Committee of South Florida Water Management District (1999 March, 2001).. - Member, Broward County Water Advisory Board ( March, 2001). - Member, Governors Commission for a Sustainable South Florida ( ). - Co-Chair Natural Resources Subcommittee. - Member, Florida Keys Advisory Board ( ). - Environmental Merit Award 2000 from the United States Environmental Protection Agency Region 4, for appreciation and recognition of outstanding environmental stewardship - awarded to the District (2000). Member of the United States Small Business Agency Advisory Board ( ). Commissioner on the Florida Environmental Commission. Appointed twice by Governor Lawton Chiles, and confirmed by the Florida State Senate ( ). Member of the Environmental Financial Advisory Board to the United States Environmental Protection Agency ( ). Co-Chair of the Community Relations Committee for the Summit of the Americas, Miami, Florida. Appointed by Governor Lawton Chiles (1994). Member of President Clinton's Transition Team, Personnel, U.S. Environmental Protection Agency and Department of the Interior ( ). Member of the Broward County Management Review Commission ( ). Charitable and Educational Boards: Member of the Board of Trustees Nova Southeastern University (November 2006 present). Audit Committee, Strategic Planning Committee, Executive Committee, Chair - Litigation Committee Member of the Board of Governors ofnova Southeastern University Shepard Broad Law Center ( present) /23/13 2 items.q!a on

3 , Member of the Board of Governors of Nova Southeastern University H. Wayne Huizenga School of Business and Entrepreneurship (1991 present). Member of the Advisory Board to the Master's Program in Real Estate Development and Management being offered by Nova University ( ). Member of the Committee Regarding Fort Lauderdale Federal Courthouse (July 2009 present) Member of the Federal Judicial Bar and Community Liaison Committee (June 2009 present) Trustee of the Florida Supreme Court Historical Society (June present). Member of the Florida Supreme Court's Task Force on Management of Cases Involving Complex Litigation (September present) Member of the Jury Instructions Committee ( present). Alumni Associate Member of the Trustee Committee on Development and Alumni Affairs of Lafayette College (May present). Member ofthe Board of Visitors oftemple University School oflaw ( present). Member of the Board of The Nature Conservancy of Florida (2001-2(08). Chairman of the Fundraising Committee of the Inter-American Development Bank (lob) 2008 Miami Host Committee. Member of the Board of Trustees, North Broward Preparatory Schools (2006-2(08). Member of the Florida Atlantic University Broward Advisory Board ( ). Counsel to the Broward Community Health Purchasing Alliance (CHPA) ( ). Member of the Boys and Girls Club of Broward County Capital Campaign Cabinet ( (0). Chairman of the Continuing Legal Education Committee, Chattanooga Bar Association ( ) /13 3

4 Political: Co-Leader ofthe Campaign For Change (National Democratic Coordinated Campaign) (2008), Member of the National Finance Board of Obama Victory Fund (2008). Candidate as Presidential Elector (2004). Co-Chair of the Democratic National Committee Battleground Victory Fund (2004). Co-Chair of the National Finance Board, Joe Lieberman For President (2004). Chair of the Federal Victory Fund, Democratic National Committee (2000). Delegate to the Democratic National Convention (2000). Candidate as Presidential Elector (2000). Senior Advisor to the Gore 2000 Campaign. Finance Chair of the Florida Democratic Party (1994 to March, 1997, and ). Co-Chair ofthe National Finance Council of National Democratic Committee (1994 March, 1997). Presidential Elector (1996). Delegate to the Democratic National Convention (1996). Awards and Honors: Named 2010 Entrepreneur of the Year by Nova Southeastern University School of Business and Entrepreneurship (2010). Named one of the top 10 Lawyers of the Decade by the South Florida Legal Guide (2010). Berger Singerman, P.A. was named Business of the Year in Professional Services category in the South Florida Business Journal (2008). Berger Singerman, P.A. was named winner of Good to Great Award by the tri-county Chambers of Commerce of Miami-Dade, Broward and Boca Raton (2006). Berger Singerman, P.A. was named 2005 Business of the Year in the Legal Services category in the South Florida Business Journal (2005). Excellence Award, South Florida Water Management District (March, 2001) /13 4

5 Co-Lawyer of the Year, National Law Journal (2000). Featured in the HBO movie "Recount," a depiction of the 2000 Presidential election lawsuit (May, 2008). Distinguished Lecturer at Nova Southeastern H. Wayne Huizenga School of Business and Entrepreneurship (2000). Recipient of Lawrence J. O'Brien Award from the National Democratic Party (1995). Recipient of Hubert H. Humphrey Award from the Florida Democratic Party (1995). Mitchell Berger is designated as a top lawyer by Chambers, Best Lawyers in America, Martindale-Hubbell and Super Lawyers. Education: Temple University Law School, Juris Doctor Member Temple Law Quarterly. Chancellor Tau Epsilon Rho; Staff Member, The Jurist. Treasurer Student Bar Association. Lafayette College, Bachelor of Arts , Magna Cum Laude. Member Omicron Delta Epsilon, The International Economics Honor Society; Treasurer Student Government; Student member Board oftrustees; Varsity Letterman - Swimming. Scholarships And Grants: Publications: Judge Joseph Sloan Student Aid Award, Temple University Law School.. New York State Regents Scholar (declined). The Constitutional Implications ofgovernment Funding for Florida's Primary Voting Process: Is It Constitutionally Permissible to Publicly Fund the Two Major Parties' Primaries to the Exclusion ofall Other Political Parties?," Mitchell W. Berger and Gregory A. Haile, 33 NOVA L. REv. 1 (Fall 2008). Cheney's Claims Could Expose Him to Suit - Mitchell W. Berger and Gregory A. Haile. American Constitution Society For Law and Policy Blog (July 2, 2007). Passion for giving. Smart Business Magazine (January 2006). Attracting Bio-Tech Talent - Mitchell W. Berger, Smart Business (April 2006). Antitrust Law: Class Action Certification - Mitchell W. Berger and Rene Harrod, National Law Journal (July II, 2005). Presidential Elections - The Right to Vote andaccess to the Ballot, John B. Anderson, Mitchell W. Berger & Grace E. Robson, 29 NOVA L. REv. 3 (Spring, 2005)

6 Election 2000: The Law o/tied Presidential Elections, Mitchell W. Berger & Candice Tobin, 26 NOVA L. REV. 3 (Spring, 2002). Comment: The Brethren The Jurist, Temple University School of law, Vol. 2, Spring Freight Railroads: Too Little Too Late For a Deteriorating Industry? The Jurist, Temple University School of Law, Vol. 1 Spring REPRESENTATIVE REPORTED CASES: Supreme Court of Florida: McKenzie Check Advance offlorida, LLC v. Betts, 928 So.2d 1204, (Fla. 2006) NAACP, Inc. v. Florida Bd. ofregents, 863 So.2d 294, (Fla. 2003) Albert Gore, Jr. and Joseph I. Lieberman v. Katherine Harris, et ai., 772 So. 2d 1243 (Fla. 2000), certiorari and stay granted Bush v. Gore, 531 US 1046, 121 S. Ct. 512, 148 L. Ed. 2d 553 (Fla. 2000), reversed and remanded Bush v. Gore, 531 US 98, 121 S. Ct. 525, 148 L. Ed. 388 (Fla. 2000), on remand Gore v. Harris, 773 So. 2d 524 (Fla. 2000) Palm Beach County Canvassing Board v. Katherine Harris, Volusia County Canvassing Board v. Katherine Harris and Florida Democratic Party v. Katherine Harris, 772 So.2d 1220 (Fla. 2ooo),cert. granted Bush v. Palm Beach County Canvassing Bd., 531 US 1004, 121 S. Ct. 510,148 L. Ed. 2d478 (Fla. 2000), vacated Bush v. Palm Beach County Canvassing Bd., 531 US 70,121 S. Ct. 471,148 L. Ed. 2d 366 (Fla. 2000), on remand Palm Beach County Canvassing Bd. v. Harris, 772 So.2d 1273 (Fla. 2000) Kinney System, Inc. v. The Continental Insurance Company, 674 So.2d 86 (Fla. 1996) Supreme Court of Georgia: Boca Petroco, Inc., et al. vs. Petroleum Realty II, LLC, 678 S.E.2d 330 (2009) United States Courts of Appeals: Valley Drug Co. v. Geneva Pharmaceuticals, Inc., 344 F.3d 1294, (11 th Cir. 2003) Valley Drug Co. v. Geneva Pharmaceuticals, Inc., 350 F.3d 1181, (11 th Cir. 2003) Capitol Funds, Inc. v. Arlen Realty, Inc., 755 F.2d 1544 (lith Cir. 1985) / items Qh4 on

7 State Intermediate Appellate Courts: Elston/Leetsdale, LLC v. CW Capital Asset Management LLC, 87 So. 3d 14 (Fla. 4th DCA 2012) Reuter Recycling offlorida, Inc. v. City ofhallandale, Florida, 2008 WL (Fla. 4th DCA 2(08) Blandin v. Bayport Condominium Assocumon, 988 So.2d 666 (Fla. 4th DCA 2008) Boca Petroco, Inc. v. Petroleum Realty I, UC, 993 So.2d 1092 (Fla. 4th DCA 2008) Florida Democratic Party v. Hood, 884 So.2d 1148, (Fla. Dist. Ct. App. 1 st 2004), cert. denied, 888 So.2d622 (Fla. 2004) Reuter Recycling offlorida, Inc. v. City ofdania Beach, 859 So.2d 1271 (Fla. 4th DCA 2003) BlackpoolAssocs. v. SM-I06, Ltd., 839 So.2d 837, (Fla. 4th DCA 2003) Jenne v. Church & Tower, Inc., 814 So.2d 522, (Fla. 4th DCA 2002) Miami-Dade County Democratic Party and Florida Democratic Party v. Miami-Dade Canvassing Board, Lawrence D. King, Myriam Lehr, David C. Leahy and The Republican Party ofdade County, 773 So.2d 1179, (Fla. 3 rd DCA 2000) Optiplan, Inc. v. School Board ofbroward County, 710 So.2d 569 (Fla. 4th DCA 1998) State oftennessee v. Willie Eugene Fox, 701 S.W. 2d 233 (Tenn. Crim. App. 1985) State of Tennessee v. Michael Lee Sammons, 656 S.W. 2d 862 (Tenn. Crim. App. 1982) Federal District Courts: Joseph Corbett v. Beneficial Ohio, Inc., 847 F.Supp.2d 1019 (S.D. Oh. 2012) New Motor Vehicles Canadian Export Antitrust litigation, 269 F.R.D. 80 (D. Ma. 2010) Waters v. International Precious Metals Corporation, 172 F.R.D. 479 (S.D. Fla. 1996) (Mr. Berger was the Special Master in this case) Dorothy McBride, et al. v. Galaxy Carpet Mills, Inc., et al., 920 F. Supp (N.D. Ga. 1995) United States Bankruptcy Court: Susan Marie Harris v. Ben-Eua & Katz, P.A., et al. 458 B.R. 591 (N.D. Fla. 2011) In Re: David S. Ziluck and Brenda L Ziluck, 139 B.R. 44 (Bankr. S.D. Fla. 1992) /13

8 BERGER SINGERMAN Paul S. Figg Associate (954) East Las Olas Boulevard Fort Lauderdale, FL Tel: (954) Fax: (954) Practice Team Government and Regulatory Practice Areas Aviation Government Disputes Government Permitting and Licensing State and Local Government Law Sustainable Development and Green Building Admitted to Practice Florida Education J.D., University of Florida Frederic G. Levin College of Law B.A., Philosophy/English, magna cum laude, University of South Florida Serving as an Assistant County Attorney in Broward County, Paul Figg gained extensive experience in construction litigation, constitutional law and employment law including litigating cases involving intergovernmental conflicts, construction disputes, labor disputes and disciplinary proceedings, employment discrimination, personal injury, equitable subrogation, bid protests, Bert J. Harris Act and constitutional rights claims. Additionally, his experience includes advising private clients, local government and county agencies on issues involving land use, intergovernmental disputes, taxation, employment and labor disputes, public records and meetings laws and elections. Paul is also experienced in constitutional litigation including issues involving due process, free speech and the establishment clause. Representative Experience Currently serves as Assistant Airport Legal Counsel to the Boca Raton Airport Authority, and in connection with such representation, has prepared various resolutions, regulations, and bylaws, along with the Airport's procurement code, sign standards and other organic documents. Represented the owner of one of the largest mobile home parks in South Florida, and coordinated the closing of the mobile home park and plans for re-development of the land while lobbying against efforts on the part of the Town of Davie to attempt to pass on the relocation expenses of residents to the mobile home park owner. Represents The GEO Group, Inc., in connection with the negotiation of water and wastewater service agreements with the City of Moore Haven, Desoto County, City of Milton, the Village of Baldin, MI, and Webber Township, MI. Represented Metro Cruise Services in connection with their efforts to obtain a franchise to perform stevedoring services at Port Everglades, and in connection therewith assisted in litigation pursuant to 42 USC s on the Commerce Clause and the Public Records Laws. Represented the Dade County Classroom Teacher's Association in appeal of property tax assessments levied against the Association as a good faith purchaser of real property and secured a tax reduction in excess of $300,000 Serve as general counsel for Florida High Schools for Accelerated Learning in Broward and Palm Beach Counties Represent SMG, the company that manages the Greater Fort Lauderdale/Broward County Convention Center, in Paul s. Figg. Page 112

9 BERGER SINGERMAN connection with vendor contracting and public records requirements Professional & Community Involvement Board of Directors & Executive Committee of Port Everglades Association Board of Directors, Child Net Builders Association of South Florida Representative, Broward County Housing Council General Counsel, Broward Housing Solutions Leaders of Tomorrow Chairman, Port Everglades Association Political Action Committee Awards & Recognition AV PreeminentTJ.1 rated by Martindale-Hubbell President's Award from the Builders Association of South Florida (BAS F) Florida Super Lawyers "Rising Star" (2010, 2012) Prior Affiliations Weiss Serota Helfman Pastoriza Cole & Boniske October 2005 to September 2006 Broward County Attorney's Office - October 2002 to October 2005 items ~ on Paul S. Figg, Page 2/2

10 BERGER SINGERMAN Partner (850) South Gadsden Street Tallahassee, FL Tel: (850) Fax: (850) Practice Team Government and Regulatory Dispute Resolution Practice Areas Administrative Hearings and Appeals Complex Commercial Litigation Environmental Issues Government Disputes Government Permitting and Licensing Land Use &Zoning State and Local Government Law Admitted to Practice Florida U.S. Circuit Court of Appeals for the Eleventh Circuit U.S. District Court for the Northern, Middle and Southern District of Florida U.S. Court of Claims Education J.D., with honors, Florida State University College of Law B.A., Yale University Daniel H. Thompson Dan Thompson is Board Certified by The Florida Bar as an expert in State and Federal Government and Administrative Practice. He assists clients with governmental regulatory matters, with a particular emphasis on environmental and land use issues. His experience includes licensing, permitting, enforcement, policy development, government contracts, bid disputes and assistance in the transfer and development of environmentally-distressed property. This can involve negotiation, administrative and civil litigation, rulemaking, regulatory due diligence, appearances before legislative and administrative bodies, and such other activities as are necessary to resolve client problems. Dan's practice also includes general civil and appellate litigation. Representative Experience Federal court litigation over the scope of Clean Water Act NPDES permitting requirements associated with the water management activities of the South Florida Water Management District Administrative litigation over the issuance of environmental permits to the Florida Department of Transportation to widen 20 miles of U.S. 1 through wetlands in the Everglades and Florida Keys An arbitration hearing, as arbitrator, over an application by Tampa Bay Water for environmental permits to construct a 1100 acre, 15 billion gallon reservoir in Hillsborough County Rule development activities before the Florida Department of Environmental Protection ("DEP") (including rule drafting, public hearing participation and rule challenge litigation) associated with the promulgation of a numeric phosphorus criterion for the Everglades Assisting a major oil company resolve a variety of ongoing environmental concerns associated with its operation of oil terminal facilies located in Port Everglades, Tampa and Jacksonville related to state cleanup program eligibility, the remediation of leaking tanks and resolution of stormwater runoff permitting requirements Resolving the regulatory and enforcement concerns of state and local agencies in order to enable a developer to obtain the necessary authorizations to construct in a costeffective manner a major mixed use development on a 20-acre portion of an old municipal landfill located in Tampa While at DER and DEP, chief litigation and legislative strategist for the State of Florida's response to the socalled "Everglades Lawsuit," and a leader in negotiations that resulted in the 1991 Settlement Agreement and the Daniel H. Thompson, Page 1/3

11 BERGER SINGERMAN 1993 Statement of Principles, as well as the Marjory Stoneman Douglas Everglades Protection Act (1991 ) and the Everglades Forever Act (1994) Professional &Community Involvement Member, The Florida Bar's Chief Justice's Advisory Committee for the 2012 Tobias Simon Pro Bono Awards Member, Board of Trustees of the Apalachee Land Conservancy Immediate Past President, Board of Directors of Florida Legal Services, Inc Member of the Board of Directors of The Florida Bar Foundation Member, Board of Directors of the Bobbin Brook Homeowners' Association Tallahassee Area Director of the Yale Alumni Schools Committee Former Co-chair, Refuge House Capital Campaign Former President, Legal Aid Foundation of the Tallahassee Bar Association Formerly a member of the Executive Council of the Environmental and Land Use Law Section of The Florida Bar Awards & Recognition Board Certified, State and Federal Government and Administrative Practice Chambers & Partners USA, America's Leading Business Lawyers, Environment ( ) Florida Super Lawyers ( ) The Best Lawyers in America ( ) Florida Trend Magazine's "Legal Elite" ( ) AV Preeminent Thl rated by Martindale-Hubbell Articles & Presentations Recent Articles "Environmental Bills in 2012 Session Focused on Streamlining Processes," Florida Specifier, April 2012 Treatise on Florida Environmental and Land Use Law (The Florida Bar, 2012), Chapter 9 (Wetlands and Surface Waters) and Chapter 11 (Groundwater). Recent Presentations "What is a Chapter 120 Agency," at The Florida Bar Administrative Law Section 2012 Pat Dore Administrative Daniel H. Thompson, Page 213

12 B ERGER S I NGERMAN Law Conference (November 2012) "Ethical, Legal and Technical Issues Associated with Reporting Contamination" at The Florida Bar Environmental and Land Use Law Section Seminar on Ethical Challenge for the Environmental Lawyer and Consultant (August 2012) "Federal APA: Judicial Review of Agency Action (Scope and Availability of Judicial Review)," The Florida Bar, State and Federal Government and Administrative Practice (SFGAP) Certification Review Course" - Federal (April 2012) Spoken at numerous seminars offered by The Florida Bar, the American Bar Association, the Florida Chamber of Commerce, and various other professional, trade and other organizations. Prior Affiliations Deputy Secretary of the Florida Department of Environmental Protection and directed its regulatory divisions and district offices, supervising approximately 1300 employeesfrom ( ). Florida Department of Environmental Regulation ("DER"), as Deputy General Counsel for Enforcement, General Counsel and Assistant Secretary ( ). Adjunct Professor of Law at the Florida State University College of Law and was previously employed at Florida Legal Services, Inc. and Legal Services of North Florida, Inc. Daniel H. Thompson, Page 313

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