Kenneth W. Waterway
Partner
For Ken Waterway, client service begins with being a good listener. He understands that he’s not dealing with his case or the firm’s case—it is the client’s case. Providing effective client service means having a deep understanding that goes beyond just memorizing the facts of the case. Ken recognizes that it is imperative to know everything from the client’s objectives to their values to their risk-tolerance.
Ken is partner and co-manager of the firm's Dispute Resolution Team based in Fort Lauderdale. His practice is chiefly focused on representing entrepreneur-led companies in complex commercial litigation and business disputes, including contract actions, shareholder/partnership disputes, fraud claims, and business torts. He also handles select matters involving product liability and trade secret claims.
According to Ken, his mindset as a trial lawyer has been further shaped by his experiences serving as a juror. In recent years, he has served on both a federal criminal trial jury and on a state civil trial jury for week-long trials that went to verdict. These experiences reaffirmed all of the positive things he has long believed about juries and our jury system, while also highlighting some of the challenges of the system—knowledge that informs his practice. In fact, his deep understanding of jury trials is exemplified in his strong track record. Ken has been part of several jury trial wins in his career, including a number as first chair/ lead counsel
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Lead trial counsel for executive in dispute with former employer regarding contract and trade secret issues; 3-day bench trial
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Lead trial counsel for property owner in dispute with tenant relating to commercial lease; 3-day bench trial.
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Lead trial counsel for asset management company in dispute with seller and purchaser involving a contractual EBITDA-based purchase price adjustment; 2-week bench trial.
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Lead trial counsel for companies defending claims brought by minority owner; case voluntarily dismissed following second day of jury trial.
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Lead trial counsel for shareholders against Sub-S company and other shareholders; obtained judgment of dissolution following 1-week bench trial
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Lead trial counsel for real estate investor defending claims by co-investors; obtained defense verdict following 1-week jury trial.
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Trial counsel for manufacturer of optical products in breach of contract action; obtained multi-million-dollar damage award following 3-week jury trial.
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Lead trial counsel for diesel engine manufacturer defending commercial claims for defect/breach of warranty; obtained defense judgment following bench trial.
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Lead trial counsel for transportation company defending cluster of claims arising out of head-on collision and derailment of trains; obtained complete defense verdict following 3-week jury trial.
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Lead trial counsel for transportation company defending claim under Federal Liability Employers Act alleging catastrophic, career ending injuries; obtained jury verdict apportioning 99% of fault to plaintiff following 2-week trial.
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Lead trial counsel for transportation company defending claim under Federal Liability Employers Act alleging catastrophic injuries; obtained favorable jury verdict following 2-week trial.
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Lead trial counsel for transportation company defending claim under Federal Liability Employers Act alleging catastrophic injuries; obtained favorable jury verdict following 1-week trial.
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Trial counsel for manufacturer of construction equipment defending case involving leg amputation; obtained verdict apportioning 85% of fault to plaintiff following 2-week jury trial.
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Trial counsel for manufacturer of consumer power tools defending case involving hand amputation; obtained defense verdict following 1-week jury trial.
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Trial counsel for manufacturer of consumer power tools defending case involving injury including alleged complete loss of sexual function; obtained defense verdict following 1-week jury trial.
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Achieved confidential settlement at start of trial for pharmacy industry client as plaintiff embroiled in contract dispute with defendant health care entity following 2+ years of litigation.
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Oral argument at the Eleventh Circuit Court of Appeals for appellee/defendant who prevailed on summary judgment against FLSA claims; appeal dismissed.
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Litigation counsel for group of investors/limited partners defending fraudulent transfer claims on distributions collectively exceeding $100 million.
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Litigation counsel for Florida nurse registry company in several commercial disputes and employment-related matters.
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Litigation counsel for health insurer in contractual reimbursement dispute with provider group.
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Litigation counsel for owners and sub-contractors in various construction lawsuits.
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Representations of various configurations of shareholders/members/partners and entities in wide variety of “business divorce” lawsuits and unlitigated disputes.
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Representations of midsize and small companies in broad variety of contract disputes
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Representation of physicians selling practice in dispute involving contractual working capital-based adjustment to sale price.
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Successfully opposed class certification as counsel for diesel engine manufacturer in cases filed in federal courts in Florida, Georgia, and South Carolina.
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Obtained numerous summary judgments and partial summary judgments as counsel for manufacturers of construction equipment, engines and generators, and consumer products in state and federal courts in Florida, Georgia, South Carolina, North Carolina, Virginia, West Virginia, Ohio, Illinois, and Texas.
- Florida Super Lawyers, 2019-2024
- Who's Who in America ®, 2020
Twenty-three Berger Singerman Attorneys Recognized in 2022 Edition of Florida Super Lawyers
June 27, 2022
Nineteen Berger Singerman Attorneys Recognized in 2021 Edition of Florida Super Lawyers
June 24, 2021
Twenty-Seven Berger Singerman Attorneys Recognized in 2020 Edition of Florida Super Lawyers
June 8, 2020
Twenty-Eight Berger Singerman Attorneys Recognized in 2019 Edition of Florida Super Lawyers
May 29, 2019
Berger Singerman Adds Kenneth W. Waterway as Litigation Partner
January 13, 2019
January 19, 2023
November 12, 2020
- Waterway Black
- Gordon Hargrove & James / Sedgwick LLP