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Jonathan E. Kanov

Portrait of Jonathan E. Kanov

Jonathan concentrates his practice of law in complex, high-exposure litigation and has litigated a wide array of professional liability and commercial cases in federal and state courts, as well as arbitration forums, throughout the country. He zealously defends professionals in tort and contract actions, including attorneys, accountants, architects, engineers, contractors, directors and officers, brokers, dealers and fiduciaries. He has extensive experience with real estate actions, defending numerous parties, including real estate agents, brokers, developers, appraisers, title and settlement agents, and lenders.

Jonathan devotes considerable time on behalf of his clients in complex commercial, contract, construction, fraud, professional negligence/malpractice, statutory violations, shareholder/member disputes, directors/officers, business tort, and whistleblower litigation, and he has tried many cases to verdict. He brings to the firm a unique combination of business and litigation skills developed during his career. This background is invaluable to his representation of various individuals, private and public companies, including Fortune 500 corporations, and non-profit entities in a broad range of matters. He is highly sought after by clients and insurance carriers for his ability to handle extremely complex and difficult matters.  

Jonathan graduated from the University of Texas at Austin in 1992, where he received his Bachelor of Business Administration degree in finance. He obtained his juris doctor in 1996 from the University of Miami School of Law, graduating cum laude. Jonathan is admitted to the Bar of the state of Florida. He is also admitted to practice before the Eleventh Circuit Court of Appeals and the United States District Court for the Southern, Middle and Northern Districts of Florida.
 

    • University of Miami School of Law (J.D., cum laude, 1996)
    • The University of Texas at Austin (B.A., 1992)
    • Florida, 1996
    • U.S. District Court Northern District of Florida, 1997
    • U.S. District Court Southern District of Florida, 1997
    • U.S. Court of Appeals 11th Circuit, 1999
    • U.S. District Court Middle District of Florida, 2001
    • Who's Who In American Law - Top Lawyers
    • American Bar Association
    • Association of Trial Lawyers of America
    • Miami-Dade County Bar Association
    • Professional Liability Underwriting Society
    • Anatomy of a Real Estate Transaction: How Actions of Participants Give Rise to Claims, Client Presentation, July, 2019
    • FDIC Actions Against Appraisers, 2012 - 2013
    • Trends in Florida Real Estate E&O Claims, 2010 – 2013
    • Subprime Lending Crisis and the Growing Litigation Claims Against Real Estate Professionals: Understanding How This Happened and Planning for Actionable Defense Strategies, 2008
    • Internet Research for Florida Legal Counsel and Staff, CLE Speaker Series, 2000-2008
    • Accounting Malpractice Pre- and Post Sarbanes-Oxley and When It Is Appropriate To Withdraw From A Public Audit, 2005-2006
    • Case Law Alerts, regular contributor, 2010-2018
    • "Developer Scores Big Victory in Federal Court in Miami Concerning Condo Deposit Recovery Cases," Defense Digest, Vol. 15, No. 2, June 2009
    • "Subprime Woes May Lead To More Regulations And Duties Placed On Mortgage Brokers," Florida Professional Liability and Ethics Law Letter, April 2008, Vol. 4, No. 4 
    • Successfully defended West Palm Beach lawyer and law firm in a malpractice claim stemming from a former client who was prevented from exercising option to purchase property worth in excess of $2 million.
    • Won complete defense verdict and affirmative damages in high-profile federal court trial in Southern District of Florida in defense of auditors/accountants of public real estate company. Plaintiff had sought approximately $7 million in damages for alleged botched audit and improper withdrawal from engagement.
    • Prevailed at trial in Broward County in defense of a property management company of a tax-credit housing community in Lauderhill. Plaintiff, the corporate owner of the property, brought claims for negligence, breach of contract, breach of fiduciary duty, and statutory breaches in the management and operation of the property. The case was litigated over seven years and Plaintiff sought millions of dollars in damages. After a week of Plaintiff’s testimony, and eviscerating cross-examinations, we were successful in obtaining a directed verdict.   
    • Won complete defense verdict in legal malpractice case in Broward County concerning defendant's representation of borrowers in a secured loan transaction.
    • Won a directed verdict at trial in $650,000 litigation on behalf of a national engineering firm in a professional negligence action in Miami-Dade County.
    • Summary judgment secured in defense of claims against real estate broker and agent for breach of fiduciary duty and negligence in $500,000 case in Broward County.
    • Successfully defended law firm and lawyer as plaintiffs walked away with no damages from a heavily litigated case concerning lawyer's representation of one of the parties to the sale of a nurse staffing business in Orange County, Florida.
    • Victorious after trial in Miami-Dade County in a will contest brought by three children of decedent with estate over $10 million alleging undue influence, breach of fiduciary duty, and lack of capacity.
    • Successfully defended title agent against claims brought by title insurer. Tracked down and collected the ill-gotten gains from the beneficiary of an unrecorded mortgage so that client did not have to satisfy those losses.
    • Counsel for a leading provider of outpatient information systems in successful $12 million federal litigation in Northern District of California regarding development of software application for radiology facilities.
    • Counsel for partner in South Florida real estate conglomerate in successful action to terminate partnership agreement and buy out other partners in development deal for Miami-Dade County multi-use project.
    • Victorious after trial against one of largest U.S. spirits distributors, alleging breach of distribution agreement, business torts and copyright infringement causes of action.

Results

Court affirms dismissal of real estate agent and his broker.

Our attorneys succeeded in obtaining an affirmance by the Fourth District Court of Appeal. The Fourth District affirmed the dismissal, with prejudice, of our clients, a listing real estate agent and his broker, in an alleged negligence and fraud case. The court rejected the plaintiff’s arguments that the trial court abused its discretion in dismissing their pleadings due to their attorney’s conduct. The court detailed how the plaintiff’s attorney dropped the ball in litigating the case in a separate opinion reversing the plaintiffs’ attorney’s contempt conviction.

Arbitration Defense Verdict for Prominent Florida Real Estate Developer

Marshall Dennehey and its shareholder, Jonathan E. Kanov, Esq., were successful in a South Florida arbitration representing a prominent Florida real estate developer against construction damage claims brought by a neighboring property’s condominium association. In a final, binding ruling, the arbitrator issued a complete defense verdict, plus an award of attorney’s fees and costs to the developer. The plaintiff condominium association had contended that construction of the developer’s luxury condominium tower caused many areas of their property to be damaged, largely from vibrations/seismic activity during demolition and construction. The plaintiff demanded $1.2 million in damages pursuant to a contract that was entered into by the parties covering the construction activity.   The arbitrator agreed with the defense’s arguments that the “conditions the claimant contends were caused by vibration damage from construction activities are actually age-related deterioration and the result of deferred maintenance. Additionally, there is no evidentiary basis to allocate uncompensated damage associated with the pool and pool deck to the developer, as opposed to preexisting conditions requiring repair and upgrades required for code compliance.” Marshall Dennehey presented highly credible experts and fact witnesses in support of its defense.    Another key to the defense verdict was Marshall Dennehey’s effective cross examination of the claimant’s structural engineering expert on construction vibration/seismic activity data, which formed the crux of their damage claims.

Thought Leadership

Legal Updates for Lawyers' Professional Liability

Florida Fourth DCA Clarifies Limits of Attorney Liability in Third‑Party Opinion Letters

March 1, 2026

The Florida Fourth District Court of Appeal recently affirmed that an attorney who prepares an opinion letter on behalf of the borrowers for the benefit of the lender in an arms-length transaction does not owe a duty to the lender. In this case, a $7.5 million loan was issued to the operators of ultra-luxury auto dealerships, and its cars, such as a 2019 McLaren Senna, were used as collateral for the loan. The defendant issued an opinion letter on behalf of the borrowers, which was required by the claimant as a condition for funding the loan. The opinion letter contained representations based on the loan documents, such as that the borrowers had no known pending or threatened claims, no other encumbrances, and that claimant would have a valid security interest in the autos used as collateral. After the borrowers defaulted on the loan, claims for negligence and breach of fiduciary duty were brought against the defendant for alleged misrepresentations in the opinion letter. The claimant demanded $9,000,000 in damages, contending that it wouldn’t have made the loan if not for the defendant’s misrepresentations. The claimant filed competing summary judgment motions. Ultimately, the judge agreed with the defense argument that despite stating in the opinion letter that the claimant could rely on his representations, there is no duty imposed on a party or its counsel to act for the benefit or protection of the opposing party in an arms-length commercial transaction. If the claimant chose to rely on such representations, that is a calculated risk with no recourse against the defendant for its own failure to investigate further. A final judgment in favor of the defendant with an award of costs was entered. The claimant appealed to the 4th DCA, who affirmed the judgment. This case expands past precedent and is highly instructive for attorneys issuing third party opinion letters and those that choose to rely upon them.

Legal Updates for Lawyers' Professional Liability

Legal Updates for Lawyers’ Professional Liability - CASE LAW UPDATE

September 1, 2025

Arbitration Clause in Attorney Retainer Agreement Covering Professional Negligence Claims Found to Be Valid and Binding Hill v. Farah & Farah, No. 2024-11972-CICI (Volusia) A Florida state circuit court enforced a mandatory arbitration clause in a retainer agreement, thus dismissing a legal malpractice claims against a law firm filed by a former client. The agreement contained a mandatory arbitration clause, which stated that any and all legal disputes arising out of or relating to the agreement will be resolved through a binding arbitration proceeding administered in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Rejecting arguments that the clause failed to comply with Florida Bar Rule 4-1.5(i) and that the firm waived its right to arbitrate by delay, the court held that the agreement was enforceable and compelled arbitration under Florida’s Revised Arbitration Code. The law firm filed a motion to dismiss and/or to compel arbitration. In opposition, their former client, the plaintiff, argued that the agreement failed to comply with Florida Bar Rule 4-1.5(i), which provides required language notifying the client that he or she should consider consulting with another lawyer about the advisability of entering into an agreement with an arbitration provision concerning fee disputes. That language was included in the agreement, but the law firm added “and other” to the first sentence of the notice, which states in full: “NOTICE: This agreement contains provisions requiring arbitration of fee and other disputes.”  Further, the plaintiff contended that the notice language in the agreement was ineffective since it was underlined rather than solely in bold type. These arguments were rejected by the court.  The plaintiff also argued that the law firm waived its right to arbitrate her malpractice claims by failing to invoke the arbitration clause or to reserve the right to do so in the order of withdrawal as counsel, or in the two years before the plaintiff filed her complaint.  Waiver of the right to arbitrate may be found if the party seeking arbitration first answered the complaint and then engaged in discovery regarding the merits of a claim before moving to compel arbitration. Olson Elec. Co. v. Winter Park Redev. Agency, 987 So. 2d 178, 179 (Fla. 5th DCA 2008); Ibis Lakes HOA, Inc. v. Ibis Isle HOA, Inc., 102 So. 3d 722, 731 (Fla. 4th DCA 2012) (“The active participation in litigation or the propounding of discovery would be circumstances where the right to arbitrate would be deemed waived.”). All doubts regarding waiver should be construed in favor of arbitration. Retail Detail Merch., LLC, v. Murphy, 373 So. 3d 670, 674 (Fla. 5th DCA 2023).  The trial court also rejected the plaintiff’s position that the law firm waived its right to arbitrate, as the motion to dismiss and/or to compel arbitration was filed as the firm’s initial response to the malpractice complaint. The trial court held that the agreement required the plaintiff to submit her claims for professional negligence to binding arbitration. The case was dismissed pursuant to Fla. Stat. Chapter 682, Revised Florida Arbitration Code. The plaintiff has appealed the ruling to the 5th District Court of Appeal, which remains pending.     Legal Updates for Lawyers’ Professional Liability – September 2025 is prepared by Marshall Dennehey to provide information on recent legal developments of interest to our readers. This publication is not intended to provide legal advice for a specific situation or to create an attorney-client relationship. We would be pleased to provide such legal assistance as you require on these and other subjects when called upon. ATTORNEY ADVERTISING pursuant to New York RPC 7.1 Copyright © 2025 Marshall Dennehey, all rights reserved. No part of this publication may be reprinted without the express written permission of our firm. For reprints or inquiries, or if you wish to be removed from this mailing list, contact tamontemuro@mdwcg.com.

Firm Highlights

Thought Leadership

Commonwealth Court Reaffirms the Constitutionality of Act 111's IRE Provisions

In this case, the claimant sustained a work injury of January 6, 1994, which was acknowledged by Notice of Compensation Payable (NCP). After the claimant’s receipt of 104 weeks of temporary total disability benefits, the employer filed a Request for an Impairment Rating Examination (IRE). The IRE was performed in May 2023 and the IRE physician found that the claimant had a 5% whole person impairment, under the AMA Guides. The employer filed a Petition based on the IRE results, and the Petition was granted by the WCJ. During litigation, the claimant argued that the IRE provisions of Act 111 (Section 306(a.3) of the Act) were not applicable to her injury, since it predated June 24, 1996, the date Act 57 went into effect, and that the IRE provisions were unconstitutional. The Workers’ Compensation Judge (WCJ)) granted the Petition and the Board affirmed. On appeal to the Commonwealth Court, the claimant argued that Act 111 violated the nondelegation doctrine and that its retroactive application to the claimant’s injury was unconstitutional. The court rejected the arguments on the basis that they had already found the same arguments without merit in multiple, prior cases. The court also addressed an argument made by the claimant that Act 111 was procedurally defective under the Pennsylvania Constitution because it was only considered on two days in each House after having undergone amendments and reassignments. The court noted that the Pennsylvania Constitution requires every bill to be considered on three different days in each House. The claimant maintained that, according to the legislative history, the bill did not receive three separate days of consideration from each House when it was assigned a new bill number. The court pointed out, however, that the bill number, H.B. 1840 remained constant and was considered on three occasions by the House. Further, the court concluded that minor amendments to the bill were germane to its original subject, which was to modify the Act’s IRE process, in accordance with Protz II.

Thought Leadership

Appellate Division Reversed Trial Judge's Orders Granting a Plaintiff's Section 40 Summary Judgement Motion

In Haskins v. Casey, et al., the plaintiff Dane Haskins worked for defendant Ekornes, Inc. (Ekornes) as a material handler. In June 2021, he filed a workers’ compensation claim petition for benefits due to a left shoulder injury in December 2020. He then resolved his workers’ compensation claim in November 2022 under an Order Approving Settlement. In January 2023, he filed a lawsuit against Ekornes and later amended to add additional claims and name other defendants, including the Ekornes president, chief financial officer, and director of human resources. In May 2025, a second amended complaint alleged that after he filed the workers compensation claim, Ekornes placed him on leave under the Family and Medical Leave Act (FMLA), denied his request for a work accommodation, and ultimately terminated him from employment in December 2021. He pleaded several causes of action asserting violations of the New Jersey Law Against Discrimination (LAD) as well as fraudulent concealment and wrongful discharge. The plaintiff then moved for partial summary judgment, seeking an order enforcing Section 40 of the Workers’ Compensation Act (WCA) as well as summary judgment on his FMLA claims. The defendants opposed the motions and cross-moved for summary judgment on the FMLA claims. After arguments, the court entered an order in December 2025, denying the FMLA motion and cross motion and granting the plaintiff’s Section 40 motion. In the order, the court permitted the plaintiff to pursue compensatory damages at trial in connection with the bodily injury claim. The court also allowed the plaintiff to present evidence of any workers’ compensation benefits to support his claim. The court then denied the defendant's subsequent reconsideration motion in February 2026. The defendants that appealed the Section 40 aspect of the orders. In reviewing the appeal de novo, the Appellate Division rejected the plaintiff's argument that the work-related injury arose out of his discrimination claims under the LAD. The plaintiff argued that he should be able to pursue a personal injury claim as a part of his LAD claim, noting that the employer’s compensation carrier would be able to assert a lien against any recovery against his LAD claims. In distinguishing between the Richter vs. Oakland Board of Education, 246 N.J. 507 (2021) case, in which the Court found that any recovery would be subject to a Section 40 lien as the allegation was that the defendants failed to accommodate her pre-existing diabetic condition, which resulted in bodily injury. In this case, the Appellate Division indicated that there was no bodily injury caused by Ekornes’ failure to accommodate a pre-existing disability. Rather, the shoulder injury was a result of a workers compensation claim, for which he received appropriate benefits previously. The Appellate Division noted that if the plaintiff was successful in proving his LAD claims, he would be entitled to damages caused by the discriminatory discriminatory conduct such as lost wages and emotional distress damages and that there will be no Section 40 lien. In addition, the Appellate Division disagreed that the petitioner could present evidence about and seek damages for his shoulder injury at trial. Although the petitioner argued that a defendant who retaliated against an employee for filing a workers’ compensation claim should not benefit from the exclusivity provision of the WCA, the Appellate Division noted that the Legislature did not include this type of scenario in the statue nor did any of the case law recognize this type of claim as a remedy. As such, the Appellate Division reversed the December 2025 order granting the the plaintiff’s Section 40 summary judgment motion as well as the February 2026 reconsideration motion order. The Appellate Division noted that they did not intend to limit the plaintiff in his pursuit of his other claims on under the LAD, FMLA, and workers’ compensation retaliation causes of action.

Thought Leadership

WCJ Improperly Refused to Conduct C&R Hearing and Erroneously Required Settlement of All Pending Petitions

In this case, the claimant sustained injuries in the course and scope of her employment as a registered nurse. The employer acknowledged the injury by a Notice of Compensation Payable (NCP).  Subsequently, a Workers’ Compensation Judge (WCJ) expanded the description of injury. The employer then filed a Termination Petition, alleging the claimant was fully recovered from the injuries. Providers filed Utilization Review (UR) Petitions, challenging UR determinations finding their chiropractic treatment to be not reasonable and necessary. A settlement of the claim was eventually reached, and the employer filed a Petition to Seek Approval of a Compromise and Release (C&R) Agreement. The C&R outlined that the agreement fully resolved all future workers’ compensation claims except for the termination and UR Petitions. Briefs were filed and one day later, the WCJ issued an Interlocutory Order which stated if instructions were not followed regarding filing of a C&R, a settlement hearing date would not be given. The employer complied with the order, and filed the C&R. Subsequently, the WCJ notified the parties that the C&R must resolve all issues in the petitions, or would not be entertained. A settlement hearing was never held, and the WCJ then issued a decision, granting the Termination Petition and dismissing the UR Petitions. The WCJ also said that the Petition for Approval of a C&R was dismissed without prejudice, as the issues in the Termination and UR Petitions went to a decision. The claimant appealed to the Workers’ Compensation Appeal Board (Board). The Board granted the claimant’s appeal, finding that the WCJ violated the requirement of Section 449 that an expedited hearing be held when a Petition for Approval of a C&R is filed.  The Board further held that it was legally incorrect for the WCJ to insist that the C&R resolve all issues raised by the pending Petitions. The Board remanded the case to a new WCJ, and Employer appealed to the Commonwealth Court. The court affirmed the Board and held that the WCJ erred, as a matter of law, by refusing to hold an expedited hearing within 30 days, once the Petition for Approval of a C&R was filed.  The court noted that the language of Section 449(b) is mandatory, and a settlement hearing is not discretionary or dependent on a party’s separate request for a stay, or whether the record has been closed. The court further rejected Employer’s argument that the case should not be remanded to a new WCJ for a new decision on the termination and and UR Petitions, as the Board passed no judgment on whether the C&R Agreement resolved the termination and UR Petitions, and left it for the WCJ to decide in connection with the Petition for Approval of a C&R.