DATE: Monday, January 11, 2010

PAGE: 1C SECTION: LOCAL BUSINESS EDITION: FINAL

SOURCE: Alexandra Clough

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EX-ROTHSTEIN ATTORNEYS IN

BOCAFORGE OWN PATHS AFTER SCANDAL

It’s a new year and a fresh start for some of the Palm Beach County lawyers who worked at the notorious Rothstein Rosenfeldt Adler law firm of Fort Lauderdale.

Take former Palm Beach County Circuit Court Judge William Berger. Along with County Commissioner Steven Abrams and attorney Peter Feaman, Berger was one of three lawyers who led Rothstein Rosenfeldt’s Boca Raton office as part of an expansion by the ambitious Rothstein firm. The expansion ended abruptly late last year when firm co-founder Scott Rothstein was found to have promulgated a $1 billion investment Ponzi scheme. (Rothstein now is in federal detention, charged with federal racketeering, money laundering and mail and wire fraud. Last week, his attorney indicated Rothstein would plead guilty on Jan. 27.)

Berger jumped from the bench to RRA in early 2008. But with the firm’s implosion, he resigned in mid-November. At the time, he also lashed out at Rothstein, calling him a “financial serial killer” for the damage he did, not just to investors but to firm employees.

Fast forward to today, and Berger is happily ensconced at the Boca Raton law firm of Weiss & Handler, which celebrates its 25th anniversary this year. What’s new is really old, because Berger used to work at the firm in the late 1990s. Berger kept in touch with his former colleagues, and he learned who his real friends were when the RRA scandal erupted: “Howard Weiss was probably the first person to call me when this whole matter broke, so I was appreciative of that,” Berger said.

These days, Berger said he’s very busy with a number of litigation matters, including divorce and personal injury cases. “I’m in court now more than when I was on the bench,” Berger joked.

As for his old law firm, Berger said he hasn’t been queried by federal investigators probing the firm’s wreckage: “No one has called me.” And although his anger at Rothstein has subsided, Berger says he’s “still amazed” that the Fort Lauderdale-based scam happened under everyone’s nose.

Weiss & Handler’s Henry Handler said he’s pleased to have a litigator as seasoned as Berger come aboard as a senior attorney. But Handler acknowledged there was some vetting prior to the decision to hire Berger, whose RRA title was shareholder but who did not actually own any firm shares. For instance, Handler said the firm was comfortable that Berger “did not participate in the extravagant bonuses that turned into (political) contributions,” as was the case with other RRA attorneys, Handler said. In fact, Handler added, “We don’t believe there is any kind of justifiable claim that Bill had any role in any untoward acts. … Bill is a terrific attorney and we have always found his dealings with people to be beyond reproach.”

Feaman, another of the former RRA lawyers in Boca Raton, has set up his own law firm in Boynton Beach. Feaman had been with RRA only a few months before the scandal. He joined RRA from Buffalo, N.Y.-based Hodgson Russ, which last year closed its Boca office, where Feaman worked. Feaman did not return a phone call seeking comment.

Meanwhile, Steven Abrams hasn’t yet hung his shingle at a new firm. Busy as he is as a member of the Palm Beach County Commission, Abrams last week said he has “plenty on his plate.” But he said he is talking to several law firms.

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Along with the cool breezes coming ashore these days, there also is a refreshing change along Atlantic Avenue in Delray Beach: There are new restaurants opening that are not Italian.

In 2003, there were nearly two dozen Italian eateries in this trendy district, prompting some to speculate that the street should be renamed Via Atlantico. But today, “there is more variety and at lower price points,” said restaurant broker Tom Prakas. The Prakas Group has handled the bulk of the restaurant deals in downtown for the past few years. And despite the lingering recession, Prakas said downtown Delray still is where every operator wants to be: “I could put five to 10 restaurateurs on Atlantic Avenue,” he said, if he had the space.

New to the Avenue: Surf Sliders, by local restaurateur Jim Taube, recently opened on State Road A1A and Atlantic. Johnnie Brown’s, a casual American eatery, also recently opened in the old Elwood’s space. Dave Manero’s The Office, an American gastro-pub, opened quietly Friday and bills itself as a “neighborhood watering hole,” albeit with a notable chef, Mark Miletello, and a wide array of food choices. Meanwhile, Prakas handled the recent sale of the Cugini Grille, which is slated to be a new concept, possibly Mexican. And a French bistro has opened in the former Cold Stone Creamery space.

Delray Beach has grown in recent years as a prime retail and dining destination. From 2003 to 2008, retail sales volume increased by 49 percent, while food and beverage sales grew by 42 percent. Combined, additional sales volume totaled $88 million, according to Marjorie Ferrer of the Downtown Development Authority.

Going forward, city leaders hope to maintain those numbers. Delray Beach has the benefit not only of a festive streetscape but of an aggressive, citywide effort to promote downtown businesses and keep drawing in customers. Key to this program are a steady lineup of special events, including the revived Summer Nights on the Avenue series this summer. City officials encourage shops to stay open at night and support retailers by offering cooperative advertising programs.

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Of note: Jim Taube, the restaurateur, recently sold his Bimini Twist eatery in suburban West Palm Beach, just west of Breakers West. The owner Jupiter resident Ralph Benfante, one of the restaurant’s best customers. Reminiscent of Victor Kiam in the 1980s, who liked Remington Electric Shaver so much he bought the company, Benfante said he’s been trying to buy Bimini Twist for years. But Taube had been a reluctant seller. Until now. “Since I was opening a new restaurant, I was receptive,” Taube said. “He made an offer and I said, ‘I’ll take it.’ ” (Taube wouldn’t disclose the sales price.)

Palm Beachers might remember Benfante from his brief foray into island dining in 1996, when he opened Le Bateau on Worth Avenue. The restaurant closed after only three months. Benfante said the landlord wanted Le Bateau to serve lunch as well as dinner, a requirement that Benfante found “onerous.”

This time around, Benfante has purchased the shopping center that houses Bimini Twist, so Benfante says he controls his own destiny, and will open only for dinner, as has been the practice. Benfante, a veteran caterer from New York, said he plans to keep the staff and management in place and continue Bimini Twist’s seafood-oriented cuisine. The deal was brokered by Jeff Sussman and Alan Koch.

Alexandra Clough writes about the economy, real estate and the law. Contact her at alexandra_clough@pbpost.com.

Originally posted 2010-01-27 07:58:34. Republished by Blog Post Promoter