Kevin M. Tierney, Partner in Charge
Mr. Tierney serves as general and special counsel to specialty remodeling manufacturers and contractors throughout the United States. His practice focuses on all aspects of law impacting the remodeling industry. Specific areas of interest include consumer financing, liability prevention techniques, sales and use tax, 1099-labor protection and defense, workers compensation liability, insurance structures, marketing and advertising, customer quality control, regulatory matters, warranty and contract compliance, and defense of government lawsuits and audits (EPA, IRS, etc.). He lectures frequently and has contributed to various publications for industry trade publications and is a regular contributor to industry materials provided by the National Association of Professionally Accredited Contractors.
Mr. Tierney received his B.S. in Political Science from Florida State University in 2001. Mr. Tierney earned his law degree from American University’s Washington College of Law in 2004, at which time he served as a law clerk in the Securities and Exchange Commission’s Office of Corporation Finance. Prior to joining Berenson LLP, Mr. Tierney practiced securities and corporate law privately in Washington D.C. Mr. Tierney is admitted to practice law in the State of Georgia, State of Florida, District of Columbia, and the Commonwealth of Virginia.
Diane J. Zelmer, Litigation Partner
Ms. Zelmer received her B.S. in Accounting, summa cum laude, in 2003 from Florida Atlantic University, and her J.D. in 2006, cum laude and Order of the Coif, from the University of Florida, Frederic G. Levin College of Law. During law school, Ms. Zelmer interned for both the U.S. Securities and Exchange Commission and the Honorable Judge James I. Cohn, United States District Judge for the Southern District of Florida, and served on the Publication committee of the Florida Law Review.
Ms. Zelmer is a Florida Bar Board Certified Specialist in Construction Law, one of only 387 lawyers in Florida with this distinction. She focuses on litigation for the home remodeling and construction industry, specializing in all aspects of home improvement and construction law, including HR matters, warranty and customer issues, class action defenses, telemarketing, worker reclassification attacks, condominium defects, architectural, structural and MEP or FS design defects, construction defects, insurance disputes, liens, payment and performance bonds, Miller Act claims, delay claims, changed site conditions, contractual and common law indemnification suits, bid protests, road and bridge construction, and drafting of construction contracts. She represents industry manufacturers, national and regional contractors, condominium associations, developers and sureties in a variety of commercial construction disputes throughout the United States. In addition to trial court proceedings, Ms. Zelmer has represented clients in over 30 appeals in the Florida District Courts of Appeal and the Eleventh Circuit. Ms. Zelmer is admitted to the Southern, Middle and Northern District of Florida, the Southern District Bankruptcy Court, as well as the United States Court of Appeal for the Eleventh Circuit.
Her wide range of experience allows her to provide her clients with a well-rounded business perspective as well as a strong advocacy for each particular case or situation. In addition to litigation, she brings particular experience in taxation, trusts and estate planning, asset protection and foreign trust planning, securities law, corporate law, and transactional support in a variety of commercial real estate and corporate transactions.