Benjamin J. Grossman

Senior Counsel

Overview

Benjamin J. Grossman is senior counsel with Foley & Lardner LLP, and is a member of the firm’s Government & Public Policy Practice. Mr. Grossman’s practice is concentrated primarily in the areas of government procurement law, appellate and constitutional law, regulatory and administrative law, including the regulation of alcoholic beverages and cannabis, and public records and open government matters.

Government Procurement Law

Mr. Grossman has extensive experience representing clients doing business with state and local government entities. He guides clients through all stages of the governmental procurement process, including assisting them in interpreting government business opportunities, formulating responses to solicitations, and challenging or defending agency award decisions at the agency, administrative hearing, civil litigation, and appellate levels. He also advises clients on both contractual disputes and compliance issues under existing government contracts.

Appellate Representation

Mr. Grossman has appeared in more than 20 Florida appellate proceedings and has represented clients in a wide variety of appellate matters before Florida’s District Courts of Appeal and the Florida Supreme Court.

Regulatory Law and Administrative Litigation

Mr. Grossman has experience advising and assisting entities and individuals doing business within heavily regulated industries and professions, including the alcoholic beverage and cannabis industries. He represents and advises hospitality and beverage industry clients regulated by the federal Alcohol and Tobacco Tax and Trade Bureau (TTB), the Florida Division of Alcoholic Beverages & Tobacco (ABT), and the Florida Division of Hotels and Restaurants.

Mr. Grossman also represents clients doing business in the heavily regulated, and rapidly expanding, cannabis industry. He assisted one of Florida’s first licensed medical marijuana treatment centers in the regulatory process to obtain licensure, represented the entity in substantial administrative, civil, and appellate litigation relating to the licensure process, and has assisted other entities in the licensure and regulatory process.

In addition, Mr. Grossman has experience across a broad spectrum of regulated industries through all phases of the regulatory process, including licensure, compliance, and disciplinary matters.

Sunshine Law and Open Records Representation

Mr. Grossman has advised both private and governmental clients on public records and open government obligations, and has resolved numerous public records and open meetings disputes. In addition, he has successfully litigated cases arising under public records laws and the Florida Sunshine Law, including protecting records from public disclosure, obtaining records from government bodies, and litigating and defending cases alleging Sunshine Law violations.

Prior Experience

Prior to joining Foley, Mr. Grossman was a judicial intern for the Honorable James S. Moody, Jr., Magistrate Judge Thomas B. McCoun, III and Bankruptcy Judge Catherine Peek McEwen with the United States District Court for the Middle District of Florida. He also interned for the Office of Congressman Adam Putnam where he researched issues including the provision of healthcare services and the development of offshore energy resources.

Education

He earned his law degree from Columbia University School of Law (J.D., 2011), where he was a Harlan Fiske Stone Scholar and served as an articles editor of the Columbia Journal of Tax Law. Mr. Grossman earned his bachelor’s degree, summa cum laude, from the University of Florida with double majors in economics and political science (B.A., 2008).

Representative Appellate Experience

  • Obtained reversal on appeal of all counts of trial court order finding Sunshine Law and public records violations, National Council on Compensation Insurance v. Fee, 219 So. 3d 172 (Fla. 1st DCA 2017)
  • Successfully defended a district court decision on review to Florida Supreme Court in case interpreting PIP statutory discovery requirements, State Farm Mutual Automobile Ins. Co. v. Shands Jacksonville Medical Center, Inc., 210 So. 3d 1224 (Fla. 2017)
  • Successfully defended forum non conveniens order on appeal involving claim brought against Italian corporation sued for claims relating to Bolivian dam project, GLF Constr. Corp. v. Credinform Int'l, S.A., 225 So. 3d 377 (Fla. 3d DCA 2017)
  • Successfully defended winning bidder against appeal challenging rejection of the incumbent losing bidder’s protest in case involving substantial state contract, AT & T Corp. v. Dep't of Mgmt. Servs., 201 So. 3d 852 (Fla. 1st DCA 2016)
  • Successfully defended on appeal $25 million fee award made to the trustees of the Robert Rauschenberg Revocable Trust, Robert Rauschenberg Found. v. Grutman, 198 So. 3d 685, 686 (Fla. 2d DCA 2016)  

Admissions

Mr. Grossman is admitted to practice before the Florida state courts and the United States District Court for the Southern District of Florida.